“Part 1: Consequences of Failure: How Biden's Policies Fueled the Border Crisis”

1[House Hearing, 119 Congress]2[From the U.S. Government Publishing Office]34                     PART 1: CONSEQUENCES OF FAILURE: HOW5                   BIDEN'S POLICIES FUELED THE BORDER CRISIS6=======================================================================78                                HEARING910                               BEFORE THE1112                            SUBCOMMITTEE ON13                            BORDER SECURITY14                            AND ENFORCEMENT1516                                OF THE1718                     COMMITTEE ON HOMELAND SECURITY19                        HOUSE OF REPRESENTATIVES2021                    ONE HUNDRED NINETEENTH CONGRESS2223                             FIRST SESSION2425                               __________2627                             MARCH 25, 20252829                               __________3031                            Serial No. 119-93233                               __________3435       Printed for the use of the Committee on Homeland Security3637[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]3839        Available via the World Wide Web: http://www.govinfo.gov4041                               __________4243                   U.S. GOVERNMENT PUBLISHING OFFICE4461-301 PDF                  WASHINGTON : 20254546-----------------------------------------------------------------------------------4748                     COMMITTEE ON HOMELAND SECURITY4950                 Mark E. Green, MD, Tennessee, Chairman51Michael T. McCaul, Texas, Vice       Bennie G. Thompson, Mississippi,52    Chair                                Ranking Member53Clay Higgins, Louisiana              Eric Swalwell, California54Michael Guest, Mississippi           J. Luis Correa, California55Carlos A. Gimenez, Florida           Shri Thanedar, Michigan56August Pfluger, Texas                Seth Magaziner, Rhode Island57Andrew R. Garbarino, New York        Daniel S. Goldman, New York58Marjorie Taylor Greene, Georgia      Delia C. Ramirez, Illinois59Tony Gonzales, Texas                 Timothy M. Kennedy, New York60Morgan Luttrell, Texas               LaMonica McIver, New Jersey61Dale W. Strong, Alabama              Julie Johnson, Texas, Vice Ranking62Josh Brecheen, Oklahoma                  Member63Elijah Crane, Arizona                Pablo Jose Hernandez, Puerto Rico64Andrew Ogles, Tennessee              Nellie Pou, New Jersey65Sheri Biggs, South Carolina          Troy A. Carter, Louisiana66Gabe Evans, Colorado                 Robert Garcia, California67Ryan Mackenzie, Pennsylvania         Al Green, Texas68Brad Knott, North Carolina69                    Eric Heighberger, Staff Director70                  Hope Goins, Minority Staff Director71                       Sean Corcoran, Chief Clerk72                                 ------7374            SUBCOMMITTEE ON BORDER SECURITY AND ENFORCEMENT7576                  Michael Guest, Mississippi, Chairman77Tony Gonzales, Texas                 J. Luis Correa, California,78Elijah Crane, Arizona                    Ranking Member79Andrew Ogles, Tennessee              Delia C. Ramirez, Illinois80Sheri Biggs, South Carolina          Julie Johnson, Texas81Brad Knott, North Carolina           Vacant82Mark E. Green, MD, Tennessee (ex     Vacant83    officio)                         Bennie G. Thompson, Mississippi84                                         (ex officio)85                Natasha Eby, Subcommittee Staff Director86       Brieana Marticorena, Minority Subcommittee Staff Director8788                            C O N T E N T S8990                              ----------91                                                                   Page9293                               Statements9495The Honorable Michael Guest, a Representative in Congress From96  the State of Mississippi, and Chairman, Subcommittee on Border97  Security and Enforcement:98  Oral Statement.................................................     199  Prepared Statement.............................................     2100The Honorable J. Luis Correa, a Representative in Congress From101  the State of California, and Ranking Member, Subcommittee on102  Border Security and Enforcement:103  Oral Statement.................................................     3104  Prepared Statement.............................................     5105The Honorable Bennie G. Thompson, a Representative in Congress106  From the State of Mississippi, and Ranking Member, Committee on107  Homeland Security:108  Oral Statement.................................................     6109  Prepared Statement.............................................     7110111                               Witnesses112113Ms. Lora Ries, Director, Border Security and Immigration Center,114  The Heritage Foundation:115  Oral Statement.................................................     9116  Prepared Statement.............................................    11117Mr. Ammon S. Blair, Senior Fellow, Secure and Sovereign Texas118  Initiative, Texas Public Policy Foundation:119  Oral Statement.................................................    16120  Prepared Statement.............................................    18121Mr. Jon Anfinsen, Executive Vice President, National Border122  Patrol Council:123  Oral Statement.................................................    23124  Prepared Statement.............................................    25125Mr. Aaron Reichlin-Melnick, Senior Fellow, American Immigration126  Council:127  Oral Statement.................................................    28128  Prepared Statement.............................................    30129130                             For the Record131132The Honorable J. Luis Correa, a Representative in Congress From133  the State of California, and Ranking Member, Subcommittee on134  Border Security and Enforcement:135  Article, March 22, 2025........................................    43136The Honorable Elijah Crane, a Representative in Congress From the137  State of Arizona:138  Article, January 26, 2024......................................    51139  Article, January 30, 2024......................................    52140  Article, February 18, 2025.....................................    53141  Article, February 8, 2024......................................    54142  Article, January 8, 2024.......................................    56143The Honorable Sheri Biggs, a Representative in Congress From the144  State of South Carolina:145  Article, February 12, 2025.....................................    58146147PART 1: CONSEQUENCES OF FAILURE: HOW BIDEN'S POLICIES FUELED THE BORDER148                                 CRISIS149150                              ----------151152                        Tuesday, March 25, 2025153154             U.S. House of Representatives,155                    Committee on Homeland Security,156           Subcommittee on Border Security and Enforcement,157                                                    Washington, DC.158    The subcommittee met, pursuant to notice, at 10:07 p.m., at159Room 310, Cannon House Office Building, Hon. Michael Guest160[Chairman of the subcommittee] presiding.161    Present: Representatives Guest, Gonzales, Crane, Ogles,162Biggs, Knott, Correa, Ramirez, and Johnson.163    Also present: Representative Thompson.164    Mr. Guest. The Committee on Homeland Security's165Subcommittee on Border Security and Enforcement will come to166order. Without objection, the Chair is authorized to declare167the committee in recess at any point.168    The purpose of this hearing is to examine the actions that169gave rise to the historic border crisis we witnessed over the170last 4 years. More importantly, this hearing will enable171Congress to explore potential legislative solutions to ensure172that the United States does not endure another such crisis.173    I now recognize myself for an opening statement.174    Good morning and welcome to the Subcommittee on Border175Security and Enforcement hearing on how the Biden-Harris176administration's failed border policies fueled a historic177crisis at our Southwest Border, which the Trump administration178is now addressing with bold, long-awaited action. First, I want179to say it is an honor to serve as Chairman of this180subcommittee, and I look forward to working with my colleagues181on both sides of the aisle, especially with the Ranking Member,182the gentleman from the great State of California,183Representative Correa, as we seek to address the critical184challenges facing our Nation's border security.185    Just over 4 years ago, on January 20, 2021, President Biden186was sworn into office. On that very same day, with the stroke187of a pen, he issued Executive Orders dismantling years of188robust border security measures implemented by the first Trump189administration. The results can only be described as a colossal190failure. We have often heard the phrase, those who don't know191history are doomed to repeat it. So to be clear, this hearing192is not about looking back just for the sake of looking back,193but instead is about learning from past failures so that194Congress can work together to pass meaningful and lasting195solutions to secure our border. The policies we put in place196today will shape the future and ensure the failures of the past197will never be repeated.198    Over the course of 4 years, the Biden-Harris administration199introduced sweeping policy changes that prioritized rapid200processing and release over enforcement, thereby dismantling201border security policies meant to deter illegal immigrants--202excuse me, meant to deter illegal immigration and protect203Americans from foreign threats abroad. The consequences were204devastating as we saw record levels of illegal immigration, a205surge in crime committed by transnational criminal206organizations, and a weakening of national security.207    The administration also ended key deterrent measures, such208as Remain in Mexico and safe third country asylum agreements.209It expanded the CBP One app and created mass parole programs to210facilitate the illegal entry of inadmissible aliens into the211United States. As a result, every State in America has now212become a border State. Violent criminal gangs infiltrated213American communities and carried out heinous crimes, crimes214such as murder, assault, robbery, and rape, these crimes which215jeopardize the safety of all American citizens.216    When President Trump took office in January, he and his217administration wasted no time in reversing the failed policies218of the Biden-Harris administration. His administration219immediately declared a national emergency at the Southwest220Border and took aggressive actions such as deploying troops to221assist and support DHS to regain operational control. The222President also resumed border wall construction, ended Biden-223era mass parole programs, and terminated the failed catch-and-224release policy.225    The results were seen almost immediately. By the end of226February, Customs and Border Protection data revealed record227low numbers of apprehension at the Southwest Border. Illegal228entries between ports of entry plummeted 94 percent compared to229February 2024. Meanwhile, at the same time, Immigration and230Customs Enforcement ramped up its enforcement efforts and231increased arrest of public safety threats by 627 percent.232    I would like to close with a quote from one of our233witnesses. ``The bottom line is this did not have to happen and234we need to prevent it from happening again. We must do all we235can to learn from the past, to protect the safety and security236of all American people, and to ensure that the failures of the237past will not be repeated.''238    [The statement of Chairman Guest follows:]239                  Statement of Chairman Michael Guest240                             March 25, 2025241    Good morning, and welcome to the Subcommittee on Border Security242and Enforcement hearing on how the Biden-Harris administration's failed243border policies fueled a historic crisis at our Southwest Border, which244the Trump administration is now addressing with bold, long-awaited245action.246    It is an honor to serve as Chairman of this subcommittee, and I247look forward to working with my colleagues on both sides of the aisle--248especially with the Ranking Member, the gentleman from California,249Representative Lou Correa--to address the critical challenges facing250our Nation's border security.251    On January 20, 2021, President Joe Biden, was sworn into office and252on that very same day, with a stroke of a pen, he issued Executive253Orders dismantling years of robust border security measures implemented254by the first Trump administration. The results were catastrophic.255    We have often heard the phase, ``those who don't know history are256doomed to repeated it.''257    To be clear, this hearing is not about looking backwards but258instead it is about learning from past failures so that Congress can259work together to pass meaningful and lasting solutions to secure our260border. The policies we put in place today will shape the future and261ensure that the failures over the past 4 years will never be repeated.262    Although the Biden-Harris administration is no longer in the White263House, its legacy left our Nation's border in tatters. It is the264responsibility of this subcommittee to uncover what happened, identify265why it happened, and determine how Congress can work together to266implement solutions to prevent a future border crisis.267    Over the course of 4 years, the Biden-Harris administration268introduced sweeping policy changes that prioritized rapid processing269and release over enforcement, thereby dismantling border security270policies meant to deter illegal immigration and protect Americans from271foreign threats abroad. The consequences were devastating--as we saw272record levels of illegal immigration, a surge in crimes committed by273transnational criminal organizations, and a weakening of national274security.275    The administration also ended key deterrence measures, such as276``Remain in Mexico'' and safe-third country asylum agreements. At the277same time, the previous administration expanded the CBP One app and278created mass parole programs to facilitate the illegal entry of279inadmissible aliens into the United States.280    As a result, every State in America has now become a border State.281    Violent criminal gangs infiltrated American communities and carried282out heinous criminal acts, such as murder, rape, assault, and robbery--283which jeopardized the safety of all American citizens.284    When President Trump took office this January, he and his285administration wasted no time in reversing the failed policies of the286Biden-Harris administration.287    His administration immediately declared a national emergency at the288Southwest Border and took aggressive actions, such as deploying troops289to assist and support DHS operations to regain operational control. The290President also resumed border wall construction, ended Biden-era mass291parole programs, and terminated the failed catch-and-release policy.292    The results were seen almost immediately. By the end of February,293Customs and Border Protection data revealed record-low apprehensions at294the Southwest Border, thanks to the change in policy. Illegal entries295between ports of entry plummeted 94 percent compared to February 2024.296Meanwhile, at the same time, Immigration and Customs Enforcement ramped297up its enforcement efforts and increased arrests of public safety298threats by 627 percent.299    I will close with a quote from one of our witnesses, ``the bottom300line is this did not have to happen, and we need to prevent it from301happening again.302    We must do all we can to learn from the past to protect the safety303and security of the American people and to ensure that failures of the304past will never happen again.305306    Mr. Guest. At this time, I would now recognize the Ranking307Member for the Subcommittee on Border Security and Enforcement,308the gentleman from California, Mr. Correa, for his opening309statement.310    Mr. Correa. Thank you, Chairman Guest, and I concur with311you. Thank you for being Chair of this committee. I look312forward to working with you on border security.313    Border security, in my opinion, is not just border314security. It is national security. This is not an issue of315Democrats or Republicans, but rather it is an issue that316addresses all taxpayers, all citizens in this great Nation.317Today is our first subcommittee hearing, 119th Congress. This318topic selected by you, Mr. Chairman. We are looking at the319past, yet I would like to look at the future and what the320challenges are for us at the border in this Nation.321    We are not looking at conducting oversight on how the Trump322administration is ripping away legal statuses, legal rights,323work permits from immigrants lawfully within this country,324ending parole for Ukrainian war refugees or Venezuelans or325Cubans, in addition to ending status for Afghan refugees who326fought alongside American troops in Afghanistan. We have to327keep our moral obligation to those that have fought next to our328American troops, for those that had the back of our American329troops overseas.330    We don't want to talk about ICE agents questioning and331arresting American citizens, U.S. citizens, Mr. Chairman; or332efforts to deport U.S. veterans, immigrant veterans that have333been essentially fighting for this country; or U.S. citizen334children with brain cancer. We need to address these issues,335Mr. Chairman.336    I recently met with front-line CBP officers, who expressed337frustration with this new administration and how they are338addressing efficiency initiatives. Yet today we won't be339discussing those issues. Instead, we are looking at the past.340    Let's be clear, the Biden administration left President341Trump with declining border crossing, record number of fentanyl342seizures, despite my colleagues not wanting to admit it, and343sadly for me, I hate to admit it, a higher daily rate of344deportations than we have seen in a very long time. When345President Trump first left office, unauthorized border346crossings were at a rise, gotaways were on the rise, and347synthetic opioid deaths were also on the rise. In fact, in348those days, they were already calling it a crisis, and that was349in the President Trump's first watch.350    Now that he is back in office, I was hoping, Mr. Chairman,351that we focus on oversight of what is happening now at the352border. Yet it is hard to fix things when the administration,353today's administration, refuses to tell our staff what is354happening at the border. I hope we will have the administration355here to answer some questions as we begin to address and356continue to address national security.357    Mr. Chair, President Biden is gone. Let's focus today on358the nuts and bolts of border security. For example, fixing359severe staffing shortages at our ports of entry, stopping360cartels from getting American-made weapons. Those are the361issues we need to focus on. Yet today the new administration is362doubling down on cutting the Federal work force and gutting DHS363in the name of efficiency and cost savings. Yet we are364completely overlooking the fact that Secretary Noem just spent365$200 million, $200 million, on TV ads praising the new366President.367    We are also overlooking the fact that the administration368spent $16 million to fly 300 detained immigrants to Guantanamo369Bay in Cuba just to send them back to the United States. It is370also my understanding that this new administration also371directed our soldiers to construct tents and hold detained372immigrants in Guantanamo at a cost of $3 million. New tents in373Guantanamo for $3 million. But they weren't even built to DHS374standards, so they were not even used. How is that for cost375savings, Mr. Chairman?376    Another example, in one facility in Texas, we are spending377thousands of dollars to detain a working family and their 6-378and 8-year-old children. I guess this is what America--a safer379America looks like today.380    Let's not forget, with all the law enforcement agents, like381DEA, FBI, ATF, they are being forced to become deportation382officers away from their priority investigations of drug383cartels, money laundering, child sex trafficking. Sadly, some384of these cases may be going unsolved and will become cold385cases.386    This administration pushed to inflate ICE arrests and387deportations. DHS ended up rounding up Venezuelan-American388families whose citizen children were recovering from brain389cancer. That is right, a 10-year-old American with brain cancer390was deported by this administration. Again, an American391citizen, 10 years old. By the way, the parents had no criminal392record and had been here for quite some time. Again, is this393what makes America look safer or America safe again?394    Mr. Chairman, I look forward to working with you on future395hearings to focus on what makes our border stronger, safer,396what keeps our neighborhood safe, what keeps fentanyl, other397narcotics off our streets, as well as bad people from entering398this country, and, of course, while improving international399trade that is good for America.400    Mr. Chairman, thank you very much for holding this hearing.401With that, I yield.402    [The statement of Ranking Member Correa follows:]403               Statement of Ranking Member J. Luis Correa404                             March 25, 2025405    Today's hearing is our first subcommittee hearing of the 119th406Congress, though, its topic--selected by my Republican colleagues--407seems to be focused on the past. They appear to not want to conduct408oversight of how the Trump administration is ripping away legal status409and work permits from immigrants lawfully in the United States, like410ending parole for Ukrainians, Venezuelans, and Cubans in addition to411Afghans who helped our troops.412    They don't want to talk about ICE agents questioning or arresting413U.S. citizens, or their efforts to deport veterans who served our414country in Iraq and U.S. citizen children with brain cancer.415    My Republican colleagues don't want to hear from their constituents416about this--they've been directed to cancel town halls. They know their417actions are unpopular.418    We can't ignore the concerns of the people we were sent here to419represent. No matter how tough it is to hear sometimes.420    I recently met with front-line CBP officers who expressed deep421frustration with how this administration has handled their so-called422efficiency initiatives. Their frustration is understandable and423warranted. Yet we won't be discussing their needs or remedies to this424mismanagement here today.425    Instead, Republicans set up a hearing to relitigate the past. The426Biden administration left President Trump with declining border427crossings numbers, a record number of fentanyl seizures, and--despite428some of my colleagues not wanting to admit it--a higher daily rate of429deportations than what we see now.430    I hope my colleagues don't ignore that, or the conditions that the431first Trump administration left the border.432    When President Trump first left office, illegal crossings were on433the rise, gotaways were on the rise, and synthetic opioids deaths were434on the rise.435    In fact, they were already calling it a crisis on President Trump's436first watch. Now that he's back in office, I thought they'd focus on437conducting oversight of what's happening now at the border. It's hard438to fix things when the administration refuses to tell our staff what's439happening at the border. I hope we'll have the administration here to440answer our questions soon.441    Or maybe, now that they are no longer set on blocking border442security legislation to score points against President Biden, maybe443they would have hearings aimed at fixing severe staffing shortages at444ports of entry, stopping the cartels from getting American-made445weapons, or authorizing more resources for our Homeland Security446Investigations special agents investigating human traffickers and drug447smugglers.448    Instead, they've doubled down on cutting the Federal work force and449gutting DHS in the name of apparent ``cost savings.''450    It seems that they must've completely missed the news about451Secretary Noem spending $200 million on TV ads praising President452Trump.453    Or, that the administration spent $16 million dollars to fly and454detain only 300 migrants in Guantanamo Bay, Cuba just to send them back455to detention facilities in the United States.456    It's my understanding that the administration also directed our457soldiers to construct tents to hold detained migrants in Guantanamo.458    These tents cost over $3 million dollars to build and failed to459meet basic DHS standards, so they weren't operational.460    This administration then forced DEA, ATF, HSI, and FBI agents to461put their investigations into the worst of the worst on hold in order462to help ICE arrest as many noncitizens as possible--many of whom have463been here for years working and have no criminal history.464    Now, this administration is reopening family detention centers. At465one facility in Texas, we're spending thousands of dollars to detain a466working family and their 6- and 8-year-old children.467    Is this what making America safe looks like?468    With all the law enforcement agents being forced to become469deportation officers, it's possible that some of the cases that they470were working will go unsolved. Leads will go cold while they help round471up migrants convicted of driving their bicycle on the wrong side of the472road.473    In this administration's push to inflate ICE arrests and474deportations, DHS ended up rounding up a Venezuelan American family,475whose U.S. citizen child was recovering from brain cancer. That's476right--a 10-year-old American with brain cancer was deported by this477administration.478    The parents had no criminal record and have been here for quite a479long time. Yet, this administration made sure to prioritize their480deportation.481    Again, is this what making America safe or securing the border482looks like?483    Mr. Chairman, I urge you to focus future hearings on what this484subcommittee can actually do together in a bipartisan way--to secure485the border, improve international trade, and keep fentanyl off our486streets.487488    Mr. Guest. Thank you, Mr. Correa. At this time, I would now489recognize the Ranking Member for the entire committee, the490gentleman from Mississippi, Mr. Thompson, for his opening491statement.492    Mr. Thompson. Thank you very much, Mr. Chairman, and I look493forward to working with you as another Mississippian on this494committee. I welcome our panel of witnesses and look forward to495their testimony, also, today.496    But more than 2 months into the Trump administration,497Americans want to know why administration officials aren't here498to answer the questions. Why haven't Republicans held a single499hearing with administration witnesses this whole Congress? Why500don't Trump administration officials answer to this committee501for their immigration policies? Are they afraid of answering502our questions about why they have rounded up and detained U.S.503citizens, even deported U.S. citizens with no due process? You504have already heard about the 10-year-old American girl who was505deported, battling brain cancer.506    Don't they want to explain why they have disappeared people507with no criminal record or evidence of wrongdoing from this508country without so much as a hearing in defiance of a Federal509judge's order? Or why they pull law enforcement off cases510targeting child abusers, traffickers, and smugglers to carry511out immigration raids against people with no criminal history?512    That is just what we know from the media reports. We have513received next to no information from DHS on what is happening,514despite our inquiries. Administration officials want to go on515FOX News and pose for photo ops, but they don't want to be held516accountable by Congress. Congressional Republicans are517complicit in helping them evade oversight.518    Today, my Republican colleagues want to talk about the519Biden administration yet again, rather than the bad policies520and abuses of the Trump administration. I guess it is to be521expected. I understand many of my Republican colleagues are522hiding from their own constituents, having been directed by523their leadership not to hold town halls or to hear from524constituents who are upset at Trump's policies. We should be525focusing on the issues affecting our communities today.526    This administration, with the help of unelected billionaire527Elon Musk, is ignoring laws passed by Congress. They are making528Americans less safe while increasing prices for every-day529goods. This committee should be providing oversight on the530Trump administration as they sentenced people with no criminal531record to hard labor in a notorious prison in El Salvador. This532committee should be examining how ordering thousands of special533agents to assist ICE with immigration enforcement hurts the534Government's ability to conduct criminal investigation into535child exploitation, human trafficking, drug smuggling, arms536smuggling, and tax fraud. Or worse yet, to assign FBI agents to537investigate Tesla damage as an act of domestic terrorism.538    President Trump has even suggested convicted criminals of539these crimes, including U.S. citizens, should be sent to the540notorious mega prison in El Salvador, the very same place he is541disappearing migrants under the Alien Enemies Act. It doesn't542make us safer when the administration pauses serious criminal543investigation so that special agents can help ICE arrest people544in communities who pose no harm.545    This committee should be conducting oversight of the Trump546administration, squandering millions in taxpayers' money to547house migrants in inhumane conditions in Guantanamo. Trump said548that the worst of the worst would be held there, but many of549the detainees had no criminal records at all. One migrant sent550there was riding his bike on the wrong side of the road. That551certainly doesn't sound like the worst of the worst.552    We have also heard of U.S. citizens being detained and553questioned by ICE. CBP has detained and effectively deported554U.S. citizens. That is not who we are as people.555    There are real threats to this country that we need to556focus on. While the Trump administration is fixated on creating557sound bites and photo ops, Democrats will remain focused on558doing what is best for the American people. The Trump559administration should be here to answer our questions.560    I thank the witnesses for being here today, and I yield561back.562    [The statement of Ranking Member Thompson follows:]563             Statement of Ranking Member Bennie G. Thompson564                             March 25, 2025565    More than 2 months into the Trump administration, Americans want to566know why administration officials aren't here to answer our questions.567Why haven't Republicans held a single hearing with administration568witnesses this Congress? Why don't Trump administration officials569answer to this committee for their immigration policies?570    Are they afraid of answering our questions about why they have571rounded up and detained U.S. citizens? Even deported U.S. citizens with572no due process? Including a 10-year-old American girl battling brain573cancer?574    Don't they want to explain why they have ``disappeared'' people575with no criminal record or evidence of wrongdoing from this country576without so much as a hearing, in defiance of a Federal judge's order?577Or why they have pulled law enforcement off cases targeting child578abusers, traffickers, and smugglers to carry out immigration raids579against people with no criminal history?580    And that's just what we know about from media reports. We've581received next to no information from DHS on what's happening despite582our inquiries.583    Administration officials want to go on Fox News and pose for photo584ops, but they don't want to be held accountable by Congress. And585Congressional Republicans are complicit in helping them evade586oversight.587    Today, my Republican colleagues want to talk about the Biden588administration, yet again, rather than the bad policies and abuses of589the Trump administration.590    I guess it's to be expected. I understand many of my Republican591colleagues are hiding from their own constituents, having been directed592by their leadership not to hold town halls to hear from constituents593who are upset at Trump's policies.594    We should be focusing on the issues affecting our communities595today. This administration, with the help of unelected billionaire Elon596Musk, is ignoring laws passed by Congress. They are making Americans597less safe while increasing prices for everyday goods.598    This committee should be providing oversight on the Trump599administration as they sentence people with no criminal records to hard600labor in a notorious prison in El Salvador.601    This committee should be examining how ordering thousands of602special agents to assist ICE with immigration enforcement hurts the603Government's ability to conduct criminal investigations into child604exploitation, human trafficking, drug smuggling, arms smuggling, and605tax fraud.606    Or worse yet, to assign the FBI to investigate Tesla damage as an607act of domestic terrorism. President Trump has even suggested convicted608criminals of these crimes, including U.S. citizens, could be sent to609the notorious mega prison in El Salvador. The very same place he is610disappearing migrants to under the Alien Enemies Act.611    It doesn't make us safer when the administration pauses serious612criminal investigations so that special agents can help ICE can arrest613people in communities who pose no harm.614    This committee should be conducting oversight of the Trump615administration squandering millions in taxpayer money to house migrants616in inhumane conditions at Guantanamo. Trump said that the worst of the617worst would be held there, but many of the detainees had no criminal618records at all. One migrant was sent there for riding his bike on the619wrong side of the road. That certainly doesn't sound like the worst of620the worst.621    We've also heard of U.S. citizens being detained and questioned by622ICE. CBP has detained and effectively deported U.S. citizens. That's623not who we are as a people.624    There are real threats to this country that we need to focus on.625While the Trump administration is fixated on creating sound bites and626photo ops, Democrats will remain focused on doing what's best for the627American people. The Trump administration should be here to answer our628questions.629630    Mr. Guest. Thank you, Chairman Thompson--or Ranking Member631Thompson, for that opening statement.632    Other Members of the committee are reminded that opening633statements may be submitted for the record. I am pleased to634welcome our distinguished panel of witnesses and I ask that our635witnesses please raise their right hand and please rise.636    [Witnesses sworn.]637    Mr. Guest. Let the record reflect that the witnesses have638answered in the affirmative. Thank you, and you may be seated.639    I would now like to formally introduce our witnesses.640First, I would like to start with Ms. Lora Ries. She is the641director of the Border Security and Immigration Center at the642Heritage Foundation. She has nearly 30 years' experience in the643immigration and homeland security arena. She twice worked at644the Department of Homeland Security on management and645immigration policy and operations issues, most recently as the646acting deputy chief of staff. Previously, she worked in the647Legislative branch as counsel for the U.S. House of648Representatives' Judiciary Committee Subcommittee on649Immigration and Claims.650    Our second witness is Mr. Ammon Blair. He is a senior651fellow at the Texas Public Policy Foundation Secure and652Sovereign Texas Initiative. Blair has over 10 years of653experience as a U.S. Border Patrol agent serving in the Rio654Grande Valley sector. He is also a 20-plus-year U.S. Army655veteran serving both as an enlisted soldier and commissioned656officer in various leadership and staff roles, including as an657infantry platoon leader on Operation Lone Star.658    Our third witness is Mr. Jon Anfinsen. He serves as the659executive vice president of the National Border Patrol Council,660the labor union representing over 16,000 Border Patrol agents661and support staff. In addition to his national role, he is the662president of the local chapter which covers the Del Rio, Texas,663area. He has been assigned as a Border Patrol agent for over 18664years. Throughout his career he has been assigned to the Del665Rio sector in Texas where he has served in various capacities,666including several years in the prosecution unit and 2 years as667a liaison to the U.S. Attorney's office in Del Rio.668    Our fourth witness is Mr. Aaron Reichlin-Melnick. He is669currently a senior fellow at the American Immigration Council.670He previously served as policy director and senior policy671counsel for the organization. Prior to the American Immigration672Council, he was a staff attorney in the Immigration Law Unit673for the Legal Aid Society of New York City.674    I would like to personally thank all of our witnesses for675being here today. The witnesses' full statements will appear676for the record.677    I now recognize Ms. Ries for 5 minutes to summarize her678opening statement.679680     STATEMENT OF LORA RIES, DIRECTOR, BORDER SECURITY AND681          IMMIGRATION CENTER, THE HERITAGE FOUNDATION682683    Ms. Ries. Good morning, Chairman Guest, Ranking Members684Thompson and Correa, and Members of the subcommittee. Thank you685for the opportunity to testify today. The views I express in686this testimony are my own and do not represent any official687position of the Heritage Foundation.688    When trying to solve the mass illegal immigration that this689country experienced the past 4 years, it is important to ask690how did we get here to avoid repeating it in the future. The691last administration used a number of policy tools that fueled692the border crisis and facilitated mass illegal immigration to693the United States. In so doing, the Biden administration gave694aliens coming illegally here the 5 things that they want. When695coming to the United States, illegal aliens generally want to696enter our country, remain here, work here, send money home, and697bring or have family here. Policies that permit those 5 things698generate and facilitate more illegal immigration, whereas699policies that prevent those 5 things prevent illegal700immigration. Here are some examples from the last701administration.702    For entry the Biden administration encouraged millions to703come and apply for asylum, going back to a 2020 Presidential704primary debate when Joe Biden encouraged aliens to705``immediately surge the border'' and claim asylum. During the706past 4 years, the left and media referred to all coming here707illegally as ``asylum seekers'' to both encourage people to708apply for the benefit and to generate American empathy for the709masses who were coming here.710    The reality was, before the Biden administration, the vast711majority of asylum applicants were denied asylum because they712were not eligible. Knowing many were coming here for economic713reasons, not because they were fleeing persecution, meant the714administration was encouraging asylum fraud.715    Then Homeland Security Secretary Alejandro Mayorkas also716encouraged unaccompanied alien children border crossings by717saying publicly multiple times, if you come as an unaccompanied718child, you will not be turned back. The result? U.S. Customs719and Border Protection encountered a historic 550,000720unaccompanied children during the last 4 years. Biden's721Department of Health and Human Services, which is responsible722for providing shelter for unaccompanied children, turned them723over to unvetted sponsors. Unsurprisingly, children ended up in724sex trafficking, child labor, and HHS lost track of at least725300,000 of them.726    The Biden administration also paid tens of billions of727dollars to nongovernmental organizations, or NGO's, to build an728infrastructure for mass migration from as far south as at least729Panama to and throughout the United States. These NGO's730arranged transportation, shelter, health care, documentation,731legal services, and other, quote, ``wraparound'' services for732the aliens. The money sent to these NGO's went out through DHS,733the State Department, HHS, USAID, the Justice Department, and734more. We, the U.S. taxpayers, were paying for our own national735destruction.736    To bring in additional tens of thousands of inadmissible737aliens each month, Secretary Mayorkas went around the legal738visa process, around the U.S. Refugee Admissions Program, and739instead issued mass parole based mostly on nationality and in740violation of the immigration statute. To allow the masses of741aliens to remain in the United States, the Biden administration742severely restricted immigration enforcement, gave billions of743dollars to sanctuary jurisdictions in conjunction with the744NGO's to shield inadmissible aliens and provide them benefits.745The administration also increased and extended numerous746designations of temporary protected status, used prosecutorial747discretion to not seek aliens' removals, and administratively748closed other removal cases, thereby giving deportable aliens749more time here until they could become eligible for another750immigration benefit.751    As for working in the United States, Secretary Mayorkas752issued employment authorization documents as a default. If the753underlying immigration benefit, like merely filing an asylum754application, already provided work authorization, Secretary755Mayorkas accelerated it. If Congress never authorized work for756an immigration benefit, like parole, Mayorkas issued work cards757anyway.758    The Biden administration abused our immigration system,759resulting in a historic 11 million CBP encounters in just 4760years. These bad policies brought unsustainable numbers of761people to our communities, along with national insecurity,762fentanyl, violent gang members, and other issues. With the new763Trump administration, we have already seen border numbers764plummet because President Trump immediately put policies into765place that prevent illegal entry and other benefits for766inadmissible and deportable aliens.767    This concludes my testimony and I look forward to your768questions. Thank you.769    [The prepared statement of Ms. Ries follows:]770                    Prepared Statement of Lora Ries771                             March 25, 2025772    My name is Lora Ries and I am the director of the Border Security773and Immigration Center at The Heritage Foundation. The views I express774in this testimony are my own and should not be construed as775representing any official position of The Heritage Foundation.776    When trying to solve a historic problem like the intentional mass777illegal migration this country experienced the past 4 years, it is778important to ask the question, ``How did we get here?''--not just to779fix the problem, but also to avoid repeating it in the future.780    The decision to open the border was a policy choice made by Joe781Biden's Presidential campaign. The American public saw glimpses of his782future policies in late 2019 and 2020. During a Presidential primary783campaign debate in 2019, Joe Biden said he would ``make sure . . . we784immediately surge to the border all those people that are seeking785asylum. They deserve to be heard. That's who we are. We're a Nation786that says if you want to flee and you're fleeing oppression, you should787come.''\1\ In January 2020, Biden tweeted that he would end the Remain788in Mexico program on Day 1.\2\ In an August 2020 media interview, Biden789said, ``There will not be another foot of wall constructed [by] my790administration.''\3\791---------------------------------------------------------------------------792    \1\ Karl Salzmann, ``Flashback: Biden Tells Migrants to `Surge to793the Border,' '' Washington Free Beacon, May 10, 2023, https://794freebeacon.com/biden-administration/flashback-biden-tells-migrants-to-795surge-to-the-border/ (accessed March 16, 2025).796    \2\ Joe Biden, X, Jan. 29, 2020, https://x.com/JoeBiden/status/797122269199-7989364657152?ref_src=twsrc%5Etfw%7Ctwcamp%5Etweetembed%7Ctwterm%5E122269197999936-8004657152%7Ctwgr%5E%7Ctwcon%5Es1_&ref_url=https%3A%2F%2Fwww.washingtonpost801- .com%2Fnational%2Fbiden-immigration-policy-802changes%2F2020%2F12%2F22%2F2eb9ef92-4400-11eb-8deb-803b948d0931c16_story.html (accessed March 21, 2025).804    \3\ Barbara Sprunt, ``Biden Would End Border Wall Construction, But805Wouldn't Tear Down Trump's Additions,'' NPR, August 5, 2020, https://806www.npr.org/2020/08/05/899266045/biden-would-end-border-wall-807construction-but-wont-tear-down-trump-s-additions (accessed March 16,8082025).809---------------------------------------------------------------------------810    Then, once Biden was sworn in as President, he wasted no time811unleashing his open border agenda. On the first day of his812administration, Biden began halting effective immigration enforcement813and anti-fraud measures. His orders included stopping construction of814the border wall system, ending enrollments of aliens in the effective815anti-asylum fraud Remain in Mexico program, ordering that no816deportations would occur for the first 100 days of his administration,817and revoking President Trump's Executive Order and Presidential818Memorandum ordering the collection of citizenship information during819the decennial Census and exclusion of illegal aliens from the Census820apportionment of Members of the U.S. House of Representatives.\4\821---------------------------------------------------------------------------822    \4\ National Immigration Law Center, ``Biden Administration Day One823Immigration Actions,'' January 28, 2021, https://www.nilc.org/824resources/biden-administration-day-one-immigration-actions/ (accessed825March 18, 2025); President Joseph R. Biden Jr., Executive Order 13986,826``Ensuring a Lawful and Accurate Enumeration and Apportionment Pursuant827to the Decennial Census,'' January 20, 2021, Federal Register, Vol. 86,828No. 14 (January 25, 2021), pp.7015-7017, https://829www.federalregister.gov/documents/2021/01/25/2021-01755/ensuring-a-830lawful-and-accurate-enumeration-and-apportionment-pursuant-to-the-831decennial-census (accessed March 18, 2025).832---------------------------------------------------------------------------833    Biden directed Federal agencies to refer to legal and illegal834aliens alike as ``noncitizens,'' thereby ignoring statutory language to835erase the line between legal and illegal immigration.\5\836---------------------------------------------------------------------------837    \5\ Memorandum from Troy A. Miller, senior official performing the838duties of the commissioner, U.S. Customs and Border Protection, to839deputy commissioner et al., ``Subject: Updated Terminology for CBP840Communications and Materials,'' April 19, 2021, https://841lawprofessors.typepad.com/files/4-19-21-cbp-memo.pdf (accessed March84218, 2025).843---------------------------------------------------------------------------844    His political appointees implemented policies to instruct U.S.845Customs and Border Protection (CBP) agents to process most inadmissible846aliens they encountered into the United States in violation of the847immigration statute instead of returning them across the border.\6\848---------------------------------------------------------------------------849    \6\ Adam Shaw, Bill Melugin, and Griff Jenkins, ``Mayorkas Tells850Border Patrol Agents That `Above 85%' of Illegal Immigrants Released851into US: Sources,'' Fox News, January 8, 2024, https://www.foxnews.com/852politics/mayorkas-tells-border-patrol-agents-illegal-immigrants-853released-into-us-sources (accessed March 19, 2025).854---------------------------------------------------------------------------855    The Left and the media referred to all encountered illegal aliens856as ``asylum seekers'' in an attempt to generate American empathy for857the masses who were coming to the United States. Meanwhile, the real858consequence of this propaganda was to encourage inadmissible aliens to859file fraudulent asylum applications to buy themselves more time to860remain in the United States and gain work authorization.861    Using a 2021 policy memorandum, Department of Homeland Security862(DHS) Secretary Alejandro Mayorkas restricted U.S. Immigration and863Customs Enforcement's (ICE's) ability to execute most of its864immigration enforcement functions, limiting investigations, arrests,865detentions, prosecutions, and deportations to spies, terrorists, some866aggravated felons, and aliens who illegally crossed the border after867November 1, 2020.\7\868---------------------------------------------------------------------------869    \7\ Memorandum from Alejandro N. Mayorkas, Secretary, U.S.870Department of Homeland Security, to Tae D. Johnson, acting director,871U.S. Immigration and Customs Enforcement; Troy Miller, acting872commissioner, U.S. Customs and Border Protection; Ur Jaddou, director,873U.S. Citizenship and Immigration Services; Robert Silvers, under874secretary, Office of Strategy, Policy, and Plans; Katherine Culliton-875Gonzalez, officer for civil rights and civil liberties, Office for876Civil Rights and Civil Liberties; and Lynn Parker Dupree, chief privacy877officer, Privacy Office, ``Subject: Guidelines for the Enforcement of878Civil Immigration Law,'' September 30, 2021, https://www.ice.gov/879doclib/news/guidelines-civilimmigrationlaw.pdf (accessed March 19,8802025).881---------------------------------------------------------------------------882    Yet, as the data shows, the Biden administration did not operate883even according to those very limited enforcement priorities. Echoing884Barack Obama's 2008 campaign statement that ``we are 5 days away from885fundamentally transforming the United States of America,'' Mayorkas886bragged in January 2022 that ``we have fundamentally changed887immigration enforcement. For the first time ever, our policy explicitly888states that a non-citizen's unlawful presence in the United States will889not, by itself, be a basis for the initiation of an enforcement890action.'' He called this ``a profound shift away from the prior891administration's indiscriminate enforcement.''\8\ In reality,892Mayorkas's policies were clear violations of Federal law.893---------------------------------------------------------------------------894    \8\ Adam Shaw, ``Biden's First Year: Mayorkas Says Admin Has895`Fundamentally Changed' Interior Immigration Enforcement,'' Fox News,896January 20, 2022, https://www.foxnews.com/politics/bidens-first-year-897mayorkas-admin-fundamentally-changed-interior-immigration-enforcement898(accessed March 19, 2025).899---------------------------------------------------------------------------900                      violated immigration parole901    In addition to opening the border and ignoring immigration902enforcement statutes, Mayorkas violated immigration benefit statutes903passed by Congress in the Immigration and Nationality Act (INA). The904most blatant of these violations was his use of immigration parole. The905INA states that:906907``[T]he [Secretary of Homeland Security] may . . . in his discretion908parole into the United States temporarily . . . only on a case-by-case909basis for urgent humanitarian reasons or significant public benefit any910alien applying for admission to the United States, but such parole of911such alien shall not be regarded as an admission of the alien and when912the purposes of such parole shall, in the opinion of the [Secretary],913have been served the alien shall forthwith return or be returned to the914custody from which he was paroled and thereafter his case shall915continue to be dealt with in the same manner as that of any other916applicant for admission to the United States.''\9\917---------------------------------------------------------------------------918    \9\ 8 U.S. Code  1182(d)(5)(A), https://www.law.cornell.edu/919uscode/text/8/1182 (accessed March 19, 2025).920921    Congress later added the following statutory language to prevent922the abuse of parole to bring refugees into the United States more923---------------------------------------------------------------------------924quickly:925926``The [Secretary] may not parole into the United States an alien who is927a refugee unless the [Secretary] determines that compelling reasons in928the public interest with respect to that particular alien require that929the alien be paroled into the United States rather than be admitted as930a refugee under section 1157 of this title.''\10\931---------------------------------------------------------------------------932    \10\ 8 U.S. Code  1182(d)(5)(B), https://www.law.cornell.edu/933uscode/text/8/1182 (accessed March 19, 2025).934935    Congress intended that parole would be used very rarely in special936circumstances when an alien does not have adequate time to use legal937visa or refugee processes--for example, when coming to the United938States for emergency surgery or to testify in a criminal case.939Therefore, Congress logically did not provide work authorization for940aliens who receive temporary parole.941    Despite this clear statutory text, Mayorkas repeatedly used mass942and categorical parole to allow tens of thousands of inadmissible943aliens to bypass our lawful visa and refugee processes each month. He944created parole programs for aliens from Afghanistan, Colombia, Cuba,945Ecuador, El Salvador, Guatemala, Haiti, Honduras, Nicaragua, Ukraine,946and Venezuela, as well as aliens who have previously been deported \11\947and aliens who have resided in the United States illegally for at least94810 years and are married to U.S. citizens.\12\949---------------------------------------------------------------------------950    \11\ U.S. Department of Homeland Security, U.S. Citizenship and951Immigration Services, ``Humanitarian or Significant Public Benefit952Parole for Individuals Outside the United States,'' last reviewed/953updated August 19, 2024, https://www.uscis.gov/humanitarian/954humanitarian_parole (accessed March 19, 2025).955    \12\ U.S. Department of Homeland Security, ``Implementation of956Keeping Families Together,'' Notice of Implementation of the Keeping957Families Together Process,'' Federal Register, Vol. 89, No. 161 (August95820, 2024), pp. 67459-67490, https://www.govinfo.gov/content/pkg/FR-9592024-08-20/pdf/2024-18725.pdf (accessed March 19, 2025).960---------------------------------------------------------------------------961    In addition, Mayorkas created a parole program under which any962alien could use the CBP Mobile One application to make an appointment963at a land or air port of entry where CBP paroled them into the United964States.\13\ In other words, instead of securing the border, the Biden965administration created a deceptive shell game by shifting the illegal966flow to the ports (red segments in chart below) while pointing at967(briefly) falling numbers of aliens crossing the Southern Border968between these ports of entry (orange segments in chart below).969---------------------------------------------------------------------------970    \13\ News release, ``DHS Scheduling System for Safe, Orderly and971Humane Border Processing Goes Live on CBP OneTM App,'' U.S.972Department of Homeland Security, January 12, 2023, https://www.dhs.gov/973archive/news/2023/01/12/dhs-scheduling-system-safe-orderly-and-humane-974border-processing-goes-live-cbp-onetm (accessed March 19, 2025).975[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]976977    Secretary Mayorkas also gave his mass parolees renewable work978authorization without Congressional authorization. He propagandized his979bypass of the statutory visa and refugee processes as ``expanding980lawful pathways'' and insisted that parole was granted on a ``case-by-981case basis.'' Federal judges, however, have found otherwise. For982example, the Fifth Circuit Court of Appeals rebuked DHS's abuse of983parole in its December 2021 decision regarding the Secretary's984termination of the Migrant Protection Protocols. The court held that985``[d]eciding to parole aliens en masse is the opposite of case-by-case986decision making,'' and added that ``DHS's pretended power to parole987aliens while ignoring the limitations Congress imposed on the parole988power . . . [is] not nonenforcement; it's misenforcement, suspension of989the INA, or both.''\14\990---------------------------------------------------------------------------991    \14\ Texas v. Biden, No. 21-10806 (5th Cir. 2021) (emphasis in992original).993---------------------------------------------------------------------------994                      rendered asylum meaningless995    The Biden administration grossly abused America's second-most996important immigration benefit after U.S. citizenship--asylum. Beyond997telling aliens to surge our border and claim asylum, as Biden did998during his 2020 primary debate, and de facto support from the media,999which refer to all illegal aliens as ``asylum seekers,'' Mayorkas1000violated immigration statutes to facilitate asylum fraud both1001procedurally and substantively.1002    He violated Congress's establishment of jurisdiction over asylum1003applications by replacing immigration judges, ICE attorneys, and the1004adversarial process with U.S. Citizenship and Immigration Service1005(USCIS) asylum officers who processed both initial claims and second-1006stage applications for border crossers. Without cross-examination by1007ICE attorneys and immigration judges, USCIS asylum officers were more1008likely to rubber-stamp and grant weak, questionable, and unverified1009asylum claims.\15\1010---------------------------------------------------------------------------1011    \15\ USCIS asylum grants have been significantly higher than1012application denials. As of September 2024, USCIS had denied 4,6001013asylum cases and granted 16,932 applications in fiscal year 2024.1014Table, ``Number of Form I-589, Application for Asylum and for1015Withholding of Removal by Quarter, Form Status, and Processing Time1016(July 1, 2024-September 30, 2024),'' in U.S. Department of Homeland1017Security, U.S. Citizenship and Immigration Services, ``Immigration and1018Citizenship Data: All USCIS Application and Petition Form Types (Fiscal1019Year 2024, Quarter 4),'' December 18, 2024, https://www.uscis.gov/1020tools/reports-and-studies/immigration-and-citizenship-data (accessed1021March 19, 2025).1022---------------------------------------------------------------------------1023    Substantively, the administration supported claims of domestic1024violence, gang activity, general crime, and climate change as grounds1025for asylum. These claims do not meet the requirements of the law, which1026are based on persecution because of an alien's race, religion,1027nationality, political opinion, or membership in a particular social1028group. We now find ourselves far afield from the refugee protection the1029United States committed to provide after World War II. The benefit of1030asylum has been watered down and abused to be just another way to bring1031more aliens into the United States and allow them to remain here.\16\1032---------------------------------------------------------------------------1033    \16\ Tibisay Zea, ``How the Asylum System Became the Main Avenue1034for Mass Migration to the US.'' The World, February 12, 2024, https://1035theworld.org/stories/2024/02/12/how-asylum-system-became-main-avenue-1036mass-migration-us (accessed March 19, 2025).1037---------------------------------------------------------------------------1038           encouraged unaccompanied children border crossings1039    Secretary Mayorkas repeatedly stated publicly that he would not1040turn unaccompanied children back from the border. This served as an1041advertisement for cartels to smuggle children into the United States.1042During the Biden administration, the CBP encountered over 550,0001043unaccompanied children, a historic and terrible record.\17\1044---------------------------------------------------------------------------1045    \17\ Table, ``FY Comparison by Demographic,'' in U.S. Department of1046Homeland Security, U.S. Customs and Border Protection, ``Nationwide1047Encounters,'' last modified March 13, 2025, https://www.cbp.gov/1048newsroom/stats/nationwide-encounters (accessed March 19, 2025).10491050    The results were gut-wrenching as seen in videos and photos of1051children left at the river's edge, dropped over the border wall, or1052abandoned. The Biden administration stopped DNA testing of suspected1053smugglers posing as families with children at the border. Border agents1054saw children that appeared to be drugged asleep so they could not1055respond to border agents' questions about the adults accompanying them.1056    Their misery did not end once the children entered the United1057States. Unable to find and vet enough sponsors to take in the children,1058the Department of Health and Human Services (HHS) turned children over1059to unknown and unvetted adults, subjecting the children to potential1060sex trafficking and child labor. HHS later reported losing contact with1061at least 300,000 of the children.\18\1062---------------------------------------------------------------------------1063    \18\ U.S. Department of Homeland Security, Office of Inspector1064General, ``Management Alert--ICE Cannot Monitor All Unaccompanied1065Migrant Children Released from DHS and U.S. Department of Health and1066Human Services' Custody,'' Final Management Alert OIG-24-46, August 19,10672024, p. 1, https://www.oig.dhs.gov/sites/default/files/assets/2024-08/1068OIG-24-46-Aug24.pdf (accessed March 19, 2025).1069---------------------------------------------------------------------------1070                relied on ngo's and their infrastructure1071    The Biden administration paid tens of billions of dollars to NGO's1072to build an infrastructure from Panama north toward our Southern Border1073and throughout the United States. to facilitate mass illegal1074immigration. The taxpayer money went to NGO's through many accounts and1075several departments: DHS, HHS, the State Department, USAID, the Justice1076Department, and more. In addition, the Biden administration paid1077sanctuary jurisdictions to provide illegal aliens shelter, health care,1078documentation, and legal services, among other services.1079    Due to these open-border policies and operations, the backlogs at1080both the Justice Department and DHS increased significantly. The number1081of cases in the Justice Department immigration courts backlog tripled1082from 1.2 million when Biden came into office to more than 3.7 million1083as of October 2024.\19\ The number of immigration benefit applications1084pending at DHS's USCIS grew from over 6.3 million cases \20\ when Biden1085became President to over 9.4 million through September 2024.\21\1086---------------------------------------------------------------------------1087    \19\ Transactional Records Access Clearinghouse, ``Immigration1088Court Backlog: Historical Backlog (from 1998),'' https://1089tracreports.org/phptools/immigration/backlog/ (accessed March 19,10902025).1091    \20\ Table, ``Number of Service-wide Forms by Quarter, Form Status,1092and Processing Time, Fiscal Year 2021, Quarter 1,'' U.S. Department of1093Homeland Security, U.S. Citizenship and Immigration Services, https://1094www.uscis.gov/sites/default/files/document/reports/1095Quarterly_All_Forms_FY2021Q1.pdf (accessed March 19, 2025).1096    \21\ Table, ``Number of Service-wide Forms by Quarter, Form Status,1097and Processing Time, July 1, 2024-September 30, 2024,'' in U.S.1098Department of Homeland Security, U.S. Citizenship and Immigration1099Services, ``Immigration and Citizenship Data: All USCIS Application and1100Petition Form Types (Fiscal Year 2024, Quarter 4),'' December 18, 2024,1101https://www.uscis.gov/tools/reports-and-studies/immigration-and-1102citizenship-data (accessed March 19, 2025).1103---------------------------------------------------------------------------1104    The results of the Biden administration's open border operations1105were record-setting and devastating to America's sovereignty, security,1106public safety, and economy. That is why it was the No. 1 issue for so1107many Americans last November. With a new administration, we are already1108seeing what securing the border does to the number of CBP encounters,1109but it will take years and significant resources for interior1110enforcement to get our immigration system to be lawful, orderly, and1111manageable.1112                                 ______11131114    The Heritage Foundation is a public policy, research, and1115educational organization recognized as exempt under section 501(c)(3)1116of the Internal Revenue Code. It is privately supported and receives no1117funds from any Government at any level, nor does it perform any1118Government or other contract work.1119    The Heritage Foundation is the most broadly supported think tank in1120the United States. During 2023, it had hundreds of thousands of1121individual, foundation, and corporate supporters representing every1122State in the United States. Its 2023 operating income came from the1123following sources: Individuals--82%, Foundations--14%, Corporations--11241%, Program revenue and other income--3%.1125    The top 5 corporate givers provided The Heritage Foundation with 1%1126of its 2023 income. The Heritage Foundation's books are audited1127annually by the national accounting firm of RSM US, LLP.1128    Members of The Heritage Foundation staff testify as individuals1129discussing their own independent research. The views expressed are1130their own and do not reflect an institutional position of The Heritage1131Foundation or its board of trustees.11321133    Mr. Guest. Thank you, Ms. Ries.1134    I now recognize Mr. Blair for 5 minutes to summarize his1135opening statement.11361137    STATEMENT OF AMMON S. BLAIR, SENIOR FELLOW, SECURE AND1138   SOVEREIGN TEXAS INITIATIVE, TEXAS PUBLIC POLICY FOUNDATION11391140    Mr. Blair. Dear Chairman Guest, Ranking Member Correa, and1141distinguished Members of the subcommittee, good morning and1142thank you for inviting me to testify before you.1143    Over the last 4 years, the United States has endured a1144deliberately orchestrated invasion through weaponized mass1145migration. Millions of illegal aliens from over 170 countries1146have been funneled, often with cartel facilitation, into Texas1147and other border States, overwhelming State and local1148resources. This is not just a border crisis. It is a full1149spectrum national security failure, manufactured by the Biden1150administration through the active subversion of U.S.1151immigration law, the construction of an illegal parallel1152immigration regime, and the forcible repurposing of our1153homeland security apparatus to serve foreign nationals rather1154than American people.1155    Federal agencies once tasked with homeland security were1156repurposed into logistical arms for mass migration, tasked with1157processing migrant care, and releasing millions of unvetted1158foreign nationals into the into U.S. communities. This myopic1159focus on the importation of foreign nationals left us blind to1160the current state of Mexico and the national security threats1161emanating from the border.1162    Mexico is not a distant concern. It is the most1163strategically consequential nation to U.S. homeland security.1164Yet it remains one of the most underestimated and politically1165ignored threats in the American national security apparatus.1166While our defense establishment focused on the borders and1167sovereignty of foreign nations across the globe, Mexico1168devolved into a narco-state on our doorstep, exporting1169violence, criminal governance, and destabilization directly1170into U.S. territory. Yet despite the clear and expanding1171threat, the Biden administration ignored Mexico as a national1172security priority, treating the border crisis as a humanitarian1173management challenge rather than the gray zone conflict it has1174become. This deliberate misframing paralyzed the Federal1175response and allowed Mexico to become a sanctuary state for1176enemies of the United States.1177    Mexico today is more accurately described as a state where1178federal, state, and local governance has collapsed in key1179regions and foreign terrorist organizations dominate political1180and economic life, much like Afghanistan. These cartels1181function as hybrid threats. Closely resembling their Middle1182Eastern counterparts, they employ terror as a political weapon,1183control territory, corrupt or coopt institutions, and use1184violence strategically to shape governance outcomes. Their war1185is not against a rival state. It is against the very concept of1186law, sovereignty, and national borders.1187    Therefore, the security environment along the U.S.-Mexico1188border cannot be understood through the outdated framework of1189criminality alone. What exists is an intolerable strategic1190alliance between the Mexican state at the national and1191subnational level and the cartels, a relationship that has1192evolved into a coordinated, aligned partnership with direct1193consequences for U.S. national security. The Biden1194administration's failure to acknowledge or confront Mexico's1195authoritarian backsliding effectively greenlit a regime that1196tolerates narcoterrorism as a cost of just doing business. By1197continuing to treat Mexico as a diplomatic peer rather than a1198strategic liability, the Biden administration insulated a1199failing state from accountability while exposing American1200communities to escalating violence.1201    Now, while Mexico is engaged in a noninternational armed1202conflict where cartels openly battle for the state for control1203of territory and population to spill over into the United1204States has taken a far more insidious form. Cartels do not seek1205to provoke a direct armed response from the U.S. military or1206Federal Government. Nor does the Mexican state want to risk1207exposure as a complicit or tacitly cooperative actor. Instead,1208Mexican cartels have adopted their methods to achieve the same1209objective: territorial control through covert gray zone tactics1210that replicate their domination of Mexican society within U.S.1211border communities.1212    In this model, operational control does not require1213military confrontation. It is secured through the systematic1214erosion of institutional integrity and the strategic compromise1215of U.S. governance at every level. Cartels act as de facto1216foreign intelligence services, targeting federal, state, and1217local law enforcement, national guard elements, and the legal1218system itself. Corruption, bribery, coercion, and espionage are1219tools of influence, not just within enforcement ranks, but1220among prosecutors, judges, and elected officials.1221    A recent study found that the Mexican cartels are now the1222fifth-largest employer in Mexico. That same model of parallel1223governance and economic capture is being exported across the1224border. In rural Texas border counties cartel activity is so1225deeply woven into daily life that the state is rapidly losing1226functional sovereignty in these zones without a single shot1227being fired. The communities along our Southern Border were1228witnessing in real time their subordination, not just to the1229surge of illegal aliens or the ambitions of a progressive1230elite, but to the strategic designs of foreign nations, foreign1231terrorist organizations, and their vast transnational criminal1232threats. This is no longer a border issue. It is a national1233one.1234    [The prepared statement of Mr. Blair follows:]1235                  Prepared Statement of Ammon S. Blair1236                             March 25, 20251237    Dear Chairman Guest, Ranking Member Correa, and Distinguished1238Members of the Committee: Good morning and thank you for inviting me to1239testify before you.1240    My name is Ammon Blair, and I am a senior fellow at the Texas1241Public Policy Foundation. I bring 22 years of military service and1242extensive border security experience through my time in the U.S. Army1243and U.S. Border Patrol.1244    I have witnessed first-hand the consequences of failed Federal1245policy and how the Biden administration deliberately dismantled the1246legal, structural, and operational defenses necessary to secure our1247sovereignty and protect our citizens.1248    Texas and other border States have long faced persistent security1249threats emanating from the Southern Border--including illegal1250immigration, human and drug smuggling, insurgent activity, and foreign1251terrorist infiltration--often with minimal Federal support (McCaffrey &1252Scales, 2011). However, under the Biden administration, these threats1253intensified dramatically, culminating in a full-scale security crisis1254that demanded immediate and decisive action.1255    President Biden's policies--including facilitating the invasion,1256releasing millions of illegal aliens into the interior, the halting of1257critical border security infrastructure projects, the dismantling of1258both border and interior enforcement mechanisms, and the refusal to1259confront the threat posed by cartel-controlled Mexico--directly fueled1260the collapse of law and order along our border (House Judiciary1261Committee, 2024). In doing so, the Biden administration ceded1262operational control of U.S. territory to foreign terrorist1263organizations (Allen, 2023; Office of the Texas Governor, 2023).1264     the mexican state-cartel alliance: a hostile bilateral reality1265    Mexico is not a distant concern--it is the most strategically1266consequential nation to U.S. homeland security, and yet it remains one1267of the most underestimated and politically-ignored threats in the1268American national security apparatus. While our defense establishment1269focused on the borders and sovereignty of foreign nations across the1270globe, Mexico devolved into a narco-insurgent state on our doorstep--1271exporting violence, criminal governance, and destabilization directly1272into U.S. territory.1273    Yet despite the clear and expanding threat, the Biden1274administration ignored Mexico as a national security priority, treating1275the crisis as a humanitarian management challenge rather than the gray1276zone conflict it has become. This deliberate misframing paralyzed the1277Federal response and allowed Mexico to become a sanctuary state for1278enemies of the United States (Fernandez, 2024).1279    Mexico today is more accurately described as a state where federal,1280state, and local governance has collapsed in key regions and foreign1281terrorist organizations dominate political and economic life, much like1282Afghanistan (Kaminski, 2024). These cartels function as hybrid threats,1283closely resembling their Middle Eastern counterparts, they employ1284terror as a political weapon, control territory, corrupt or co-opt1285institutions, and use violence strategically to shape governance1286outcomes (Maya, 2021). Their war is not against a rival state--it is1287against the very concept of law, sovereignty, and national borders.1288    Therefore, the security environment along the U.S.-Mexico border1289cannot be understood through the outdated framework of narco-1290criminality alone. What exists is an intolerable strategic alliance1291between the Mexican state, at the national and sub-national level, and1292the cartels--a relationship that has evolved into a coordinated,1293ideologically aligned partnership with direct consequences for U.S.1294national security (Trevino, 2025a).1295    As President Trump declared on February 1, 2025, ``The Mexican DTOs1296have an intolerable alliance with the government of Mexico. This1297alliance endangers the national security of the United States, and we1298must eradicate the influence of these dangerous cartels from the1299bilateral environment'' (White House, 2025).1300    This was not political rhetoric--it was a necessary recognition of1301a hostile, coordinated, and ideologically-aligned threat. Mexican1302cartel organizations, including the Sinaloa Cartel and CJNG, now1303operate in at least 65 countries, rivaling foreign terrorist1304organizations in reach, capability, and lethality (Fitzgerald, 2025).1305These networks are not merely trafficking narcotics--they are engaged1306in narcoterrorism, human trafficking, arms smuggling, money laundering,1307and political subversion. In many areas, they out-govern the Mexican1308state, exercising de facto control and offering services the government1309no longer can--or will (Georgetown Americas Institute, 2024).1310    As Texas Public Policy Foundation's Josh Trevino warns:13111312``The Mexican state is now essentially a single-party, left-populist1313regime, aligned ideologically and operationally with comparable regimes1314in Cuba and Venezuela. Like those regimes, it regards its nation's1315trafficking cartels as vehicles for profit and control and also agents1316of national policy abroad--especially but not only in the United1317States.'' (Trevino, 2025b).13181319    The alliance between the Mexican government and the Mexican cartels1320is no longer speculative--it is openly acknowledged by leading policy1321experts and institutions (Golden, 2024). As the Conservative U.S.-1322Mexico Policy Coalition declares unequivocally that, ``The Mexican1323government is not an ally to the United States, and can no longer1324properly be described as a partner'' (Conservative U.S.-Mexico Policy1325Coalition, 2023, p. 1).1326    The Coalition further warns that, ``The Mexican government and1327Mexican criminal cartels exist in conscious and willing symbiosis, at1328multiple levels, up to and including the Mexican presidency,'' and that1329Mexico is now ``a willing partner in a regional authoritarian leftist1330alliance that is fundamentally anti-American, actively interventionist,1331and increasingly an arena and base for hostile powers from outside the1332Western Hemisphere'' (Conservative U.S.-Mexico Policy Coalition, 2023,1333p. 1).1334    The Biden administration's failure to acknowledge or confront1335Mexico's authoritarian backsliding has effectively greenlit a regime1336that tolerates narco-terrorism as a cost of doing business. By1337continuing to treat Mexico as a diplomatic peer rather than a strategic1338liability, the Biden administration insulated a failing state from1339accountability while exposing American communities to escalating1340violence.1341    In national security terms, democratic collapse in a neighboring1342state is not a foreign policy concern--it is a homeland security1343emergency. The United States cannot afford to ignore the consequences1344of political decay when it fuels the operational capabilities of1345cartels that already control swaths of American U.S. territory along1346the Southern Border.1347                           u.s.-mexico border1348    In May 2019, the Mexican investigative journal Contralinea1349published a leaked map from President Andres Manuel Lopez Obrador's1350(AMLO) administration showing that over 80 percent of Mexico's1351population centers prioritized for enforcement were either controlled1352(57.5 percent) or contested (23.3 percent) by Mexican cartels. Only135319.9 percent of those areas were under undisputed government control.1354The report, citing internal Mexican government data, exposed the ground1355truth: the Mexican state had effectively lost governance over nearly1356all key urban corridors, particularly those along the U.S. border1357(Horowitz, 2019).1358    This loss of territorial control does not stop at Mexico's border.1359The same cartel networks that dominate key Mexican population centers1360have projected their power into Texas and other U.S. States, exploiting1361the permissive environment created by both Federal inaction and1362fragmented State-level coordination. What began as cross-border1363trafficking has evolved into a full-spectrum, multi-domain campaign,1364establishing operational control over critical areas within the United1365States itself.1366    Mexican cartels have systematically established operational control1367along the U.S. side of the border, employing sophisticated gray zone1368activities that remain below the threshold of conventional armed1369conflict (Luna, 2024; House Committee on Homeland Security, 2023).1370Their operations now extend across multiple domains--land, air,1371maritime, subterranean, cyber, and the electromagnetic spectrum--1372enabling them to conduct surveillance, communication disruption, and1373logistical coordination with precision and impunity (Sanchez, 2025;1374Hackers Arise, 2025; Paz, 2024).1375    This multi-domain dominance has allowed cartels to seize and1376maintain operational control over territory in Texas and other border1377States, creating corridors of strategic access that allow the unimpeded1378movement of people, narcotics, weapons, and information deep into the1379interior of the United States. (McCaffrey & Scales, 2011, pp. 8-9, 17;1380Allen, 2023). What began as a smuggling operation has evolved into a1381functioning logistical architecture--a transnational `silk road' that1382is now the cartels' most valuable asset. It is this infrastructure of1383access and movement that adversarial nations and foreign terrorist1384organizations increasingly exploit (Warren, 2019).1385    Through deliberate infiltration of every major city and many1386suburban and rural areas, cartels have constructed a logistical supply1387chain or `pipeline' that provides our adversaries--from adversarial1388Nations like the Peoples Republic of China (PRC) to foreign terrorist1389organizations--with direct pathways into the heart of our society1390(House Committee on Oversight and Accountability, 2024, pp. 59-61).1391Their ability to simultaneously employ political corruption, economic1392coercion, social, and information warfare methods has transformed the1393border states into critical terrain and operational ground zero for1394hostile state and non-state actors seeking to exploit these established1395networks of access (McCaffrey & Scales, 2011, pp. 9, 18; Maya, 2021).1396                       weaponized mass migration1397    This vast and deeply embedded logistics infrastructure has not only1398enabled the movement of illicit goods and narcotics--it has also set1399the stage for a more insidious tactic of hybrid warfare: mass migration1400as a weapon. With the supply chain and access networks already in1401place, hostile state and non-state actors have shifted strategies to1402exploit humanitarian channels, using population flows to overwhelm1403American institutions, dilute law enforcement effectiveness, and1404penetrate communities under the guise of asylum or refugee1405resettlement. This evolution represents a strategic escalation--from1406trafficking and infiltration to full-spectrum demographic1407destabilization--coordinated, funded, and executed with the tacit1408consent of a complicit Federal apparatus.1409    Over the last 4 years, the United States has endured a deliberately1410orchestrated invasion through weaponized mass migration. Millions of1411illegal aliens from over 170 countries have been funneled--often with1412cartel facilitation--into Texas and other border States, overwhelming1413State and local resources (Humire, 2025; Sanchez, 2024).1414    These mass population movements were not merely tolerated by the1415prior Federal administration--they were facilitated. Federal agencies1416and NGO's were repurposed to serve an ideological agenda of ``safe,1417orderly, and humane migration,'' creating an extralegal immigration1418regime in violation of long-standing Federal law (Department of1419Homeland Security Office of Inspector General, 2024; Bensman, 2024).1420    This has not only compromised public safety but created systemic1421national security vulnerabilities by serving as a force multiplier for1422hostile state and non-state actors. The sheer scale of these movements1423overwhelmed Federal, State, and local law enforcement resources,1424degrading operational effectiveness and diverting attention away from1425known threats.1426    Simultaneously, these mass migrations provided concealment and1427cover for infiltration by foreign intelligence operatives (CCP), cartel1428enforcers, and members of transnational criminal and terrorist1429organizations--including MS-13, Tren de Aragua, and other violent1430networks with direct ties to adversarial regimes. The precise1431whereabouts and identities of many of these illegal entrants remain1432unknown, creating blind spots in national security coverage and opening1433the door to catastrophic risk across American communities (Exec. Order1434No. 14165, 2025).1435    This weaponized migration strategy has imposed billions of dollars1436in financial burdens at the Federal, State, and local levels, while1437simultaneously enabling hostile state and non-state actors to establish1438operational footholds deep within Texas territory, like Colony ridge1439(Lindquist, 2025; Federation for American Immigration Reform, 2023).1440These movements are not organic or accidental; they are deliberate in1441design and execution, forming the backbone of a modern form of hybrid1442warfare--one that weaponizes civilians to overwhelm infrastructure,1443erode public trust, and create opportunities for adversarial1444penetration (Lubinski, 2022; North Atlantic Treaty Organization, 2024).1445    In recognition of this existential threat, officials in nearly 1001446Texas counties have issued disaster declarations or formally declared1447an invasion (Blankley, 2024). The sheer scale, coordination, and1448sustained impact of this crisis have transformed every county in Texas1449and the United States into a de facto border county, subject to the1450cascading effects of Federal failure and adversarial exploitation.1451  the consequences of federal abdication and the imperative of state1452                                 action1453    The evidence is overwhelming. The United States is under an1454invasion--not by a conventional army, but by a networked system of1455foreign terrorist organizations, corrupt political actors, and hostile1456state actors. These adversaries exploit gaps in our legal framework and1457operate with impunity in the gray zones created by deliberate Federal1458inaction.1459    This is not a just border crisis--it is a full-spectrum national1460security failure, manufactured by the Biden administration through the1461active subversion of U.S. immigration law, the construction of an1462illegal parallel immigration regime, and the forcible repurposing of1463our homeland security apparatus to serve foreign nationals rather than1464the American people.1465    Federal agencies once tasked with homeland security were repurposed1466into logistical arms for mass migration, tasked with processing and1467releasing millions of unvetted foreign nationals into U.S. communities.1468At the same time, non-governmental organizations (NGO's), funded by1469Federal grants, have become the ground logistics network--transporting,1470housing, and resettling illegal aliens with no accountability (Vaughan,14712024).1472    The United States now faces the most sophisticated gray zone1473infiltration campaign in the Western Hemisphere. This is not1474bureaucratic incompetence--it is calculated policy.1475    The result has been catastrophic: strategic infiltration by hostile1476state and non-state actors, collapse of strategic deterrence, cartel1477territorial expansion inside U.S. borders, and a national posture of1478surrender disguised as humanitarianism.1479    The Biden administration did not merely abdicate its constitutional1480responsibilities--it actively realigned its mission away from defending1481American sovereignty. As a result, Texas and other border States were1482forced to shoulder the consequences of this betrayal. The burden of1483homeland defense shifted--not by choice, but by necessity--to the1484States and the citizens themselves.1485                               References1486Allen, V. (2023, February 10). Former Border Patrol chief opens up1487about the horrifying power cartels wield around the Rio Grande. The1488Daily Signal. https://www.dailysignal.com/2023/02/10/no-one-crosses-1489unlawfully-from-mexico-without-working-with-cartels-former-border-1490patrol-chief-says/.14911492Conservative U.S.-Mexico Policy Coalition. (2023, July 14). Statement1493on U.S.-Mexico relations. Texas Public Policy Foundation. https://1494www.texaspolicy.com/wp-content/uploads/2023/07/Conservative-U.S.-1495Mexico-Policy-Coalition-Statement-%E2- %80%94-FINAL-14-July-2023.pdf.14961497Department of Homeland Security Office of Inspector General (2024,1498September 30). CBP, ICE, and TSA did not fully assess risks associated1499with releasing noncitizens without identification into the United1500States and allowing them to travel on domestic flight (OIG-24-65).1501https://www.oig.dhs.gov/sites/default/files/assets/2024-10/OIG-24-65-1502Sep24-Redacted.pdf.15031504Drug Enforcement Administration. (2024, January). State and territory1505report on enduring and emerging threats. 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DHS1539Secretary Alejandro Mayorkas has emboldened cartels, criminals, and1540America's enemies [Phase 2 interim report]. https://homeland.house.gov/1541wp-content/uploads/2023/09/09.07-Phase-2-Final.pdf.15421543House Committee on Oversight and Accountability, U.S. House of1544Representatives. (2024, October 24). CCP political warfare: Federal1545agencies urgently need a governmentwide strategy. https://1546oversight.house.gov/wp-content/uploads/2024/10/CCP-Report-10.24.24.pdf.15471548House Judiciary Committee. (2024, September 12). The Consequences of1549The Biden-Harris Administration's Open-Borders Policies: The Case of1550the Illegal Alien Who Brutally Assaulted A Developmentally Disabled1551Woman [Interim Staff Report]. 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Irregular warfare in strategic1581competition and gray zones: Prosecuting authoritarian subversion and1582exploitative use of corruption and criminality to weaken democracy.1583Small Wars Journal. https://smallwarsjournal.com/2024/08/25/1584perspective-irregular-warfare-strategic-competition-and-gray-zones-1585prosecuting/.15861587Maya, P. R. (2021, March 18). The Narco Hybrid-Threat. Small Wars1588Journal. https://smallwarsjournal.com/2021/03/18/narco-hybrid-threat/.15891590McCaffrey, B. R., & Scales, R. H. (2011, September 20). Texas border1591security: A strategic military assessment. Texas Department of1592Agriculture. https://texasagriculture.gov/Portals/0/DigArticle/1623/159346982_Final%20Report-Texas- %20Border%20Security.pdf.15941595North Atlantic Treaty Organization. (2024, July 10). Hybrid threats and1596hybrid warfare [PDF document]. https://www.nato.int/nato_static_fl2014/1597assets/pdf/2024/7/pdf/241007-hybrid-threats-and-hybrid-warfare.pdf.15981599Office of the Texas Governor. (2023, August 18). Operation Lone Star1600combats increased cartel activity along border [Press release]. https:/1601/gov.texas.gov/news/post/operation-lone-star-combats-increased-cartel-1602activity-along-border.16031604Paz, D. B. (2024, July 31). Cyber warfare capabilities of Mexican1605cartels. Grey Dynamics. https://greydynamics.com/cyber-warfare-1606capabilities-of-mexican-cartels/.16071608Sanchez, D. M. (2024, March 4). `Weaponized migration,' a coordinated1609effort playing out deep in the Panama jungle. The Epoch Times. https://1610www.theepochtimes.com/article/weaponized-migration-a-coordinated-plot-1611playing-out-deep-in-the-panama-jungle-5597754.16121613Sanchez, D. M. (2025, March 22). Cartels' advanced technology a growing1614threat to US. The Epoch Times. https://www.theepochtimes.com/article/1615cartels-advanced-technology-a-growing-threat-to-us-5825930.16161617Stimson, B. (2025, March 21). ICE announces first Tren de Aragua gang1618member detained under recently invoked Alien Enemies Act. Fox News.1619https://www.foxnews.com/us/ice-announces-first-tren-de-aragua-gang-1620member-detained-recently-invoked-alien-enemies-act.16211622The White House. (2025, February 1). Imposing duties to address the1623situation at our southern border. https://www.whitehouse.gov/1624presidential-actions/2025/02/imposing-duties-to-address-the-situation-1625at-our-southern-border/.16261627Trevino, J. (2025a). Abrazos no balazos? The Mexican state-cartel1628nexus. Texas Public Policy Foundation. https://www.texaspolicy.com/wp-1629content/uploads/2025/01/2025-01-RR-SST-Abrazos-no-Balazos-The-Mexican-1630State-Cartel-Nexus-update-1.pdf.16311632Trevino, J. (2025b, February 12). Yes, there is a Mexican state-cartel1633alliance. Texas Public Policy Foundation. https://www.texaspolicy.com/1634yes-there-is-a-mexican-state-cartel-alliance/.16351636U.S. Department of Justice. (2024, December 13). OFAC-sanctioned Afghan1637man sentenced to 30 years in prison for narco-terrorism and witness1638tampering [Press release]. https://www.justice.gov/usao-sdny/pr/ofac-1639sanctioned-afghan-man-sentenced-30-years-prison-narco-terrorism-and-1640witness.16411642Vaughan, J. M. (2024, April 25). Florida grand jury presents options1643for State action on illegal immigration. Center for Immigration1644Studies. https://cis.org/Vaughan/Florida-Grand-Jury-Presents-Options-1645State-Action-Illegal-Immigration.16461647Warren, B. (2019, November 28). How the CJNG Mexican drug cartel is1648infiltrating U.S. towns. Louisville Courier Journal. https://1649www.police1.com/drug-interdiction-narcotics/articles/how-the-cjng-1650mexican-drug-cartel-is-infiltrating-us-towns-m53HgI01qXFIWHX5/.16511652    Mr. Guest. Thank you, Mr. Blair.1653    I now recognize Mr. Anfinsen for 5 minutes to summarize his1654opening statement.16551656 STATEMENT OF JON ANFINSEN, EXECUTIVE VICE PRESIDENT, NATIONAL1657                     BORDER PATROL COUNCIL16581659    Mr. Anfinsen. Chairman Guest, Ranking Member Correa, and1660Ranking Member Thompson, distinguished Members of the1661subcommittee, thank you for inviting me to testify here today.1662    President Biden's Executive actions and inactions during1663his term resulted in an unprecedented security and humanitarian1664crisis along our borders. It didn't have to be this way, and we1665have to do whatever we can to prevent it from happening again.1666Not only was the entire world encouraged to essentially1667illegally cross our borders, primarily with the goal of abusing1668the asylum system, but it caused our agents to be sidelined,1669left unable to do their jobs. Our job shifted from that of law1670enforcement to that of processing asylum claims, sitting behind1671computers on a virtual assembly line while illegal aliens1672disappeared into the country because we weren't there to do it.1673A lot of these folks were only discovered later after being1674arrested for all sorts of crimes, some of them minor and some1675of them horrific.1676    To put this in context, during the 12 years of Presidents1677Obama and Trump, there were approximately 1.6 million gotaways1678across all 12 years. During President Biden's 4 years, there1679were over 2 million.1680    Now, this surge overwhelmed our resources, and it led to1681tragic consequences. During President Biden's tenure, we saw an1682average of 690 deaths at the border per year, with fiscal year16832022 being the worst, and there were over 900 deaths of people1684trying to cross the border. You compare that to an average of1685370 deaths per year under President Obama and 280 under1686President Trump. Now, all of these deaths are unfortunate, but1687it gives you an idea of how out-of-control things were or1688became over the past 4 years.1689    I remember one incident in particular in Eagle Pass, Texas,1690in August 2022, where a toddler and an infant, they were1691siblings, had gone under the water when a family crossed the1692river. Agents on the Boat Patrol unit pulled the siblings out1693of the water, performed CPR on them, doing whatever they could1694to save them. The toddler passed away right there at the scene,1695and the infant was taken to the hospital and died a few days1696later. The agents did their best to save them, and then they1697spent the rest of the day dealing with questions from CBP's1698Office of Professional Responsibility, with questions like, how1699long did you do CPR? Who told you to stop CPR? Did you use an1700AED? Among others.1701    They asked this because Congress requires OPR to1702investigate in-custody deaths and deaths of people that we1703encounter so that they can provide a report to Congress within170472 hours. So that means agents who have dealt with traumatic1705events have to relive those events over and over right away so1706that OPR can figure out if they even need to report this death1707to Congress. The month after these 2 siblings drowned, 8 people1708died in 1 drowning incident just upriver, and they were swept1709away. This just kept happening over and over.1710    The crisis strained local resources as well. With places1711like Maverick County, Texas, one of the areas that I cover,1712they had to bring in refrigerator trucks to store the1713unidentified bodies of people who died trying to cross the1714border. Our agents, including those who were trained as EMTs in1715the field, were often diverted from those field operations to1716process asylum seekers, which left non-EMT agents to do their1717best to handle rescue and recovery efforts.1718    This loss of life has taken a significant toll on our1719agents' mental health and morale. Since fiscal year 2015, CBP1720has had 101 employee suicides. In 2022, at what is probably the1721peak of the border crisis, there was a 50 percent increase in1722employee suicides compared to the previous 7-year average.1723While the reasons for committing suicide are typically unknown,1724we do know that having to deal with objectively terrible and1725sad things at work, day-in and day-out without relief, does1726nothing to help anyone's mental health.1727    Adding to these challenges, our agents faced unprecedented1728attacks and demonization. A prime example was the1729mischaracterization of an incident involving our Horse Patrol1730unit in Del Rio, Texas, during the Haitian migrant crisis in1731September 2021. There were 30,000 or so Haitians that crossed1732the border illegally, and these Horse Patrol agents were1733accused of using whips on some of them, and they were called1734racists. President Biden promised the agents would, quote,1735``pay'' for what they supposedly did. Even though they were1736ultimately cleared of misconduct allegations, as media frenzy1737and the administration's premature condemnation severely1738impacted the agents involved and the entire agency. These1739factors and others have made it difficult to recruit and retain1740agents. We currently have about 19,500 Border Patrol agents;17412,500 of them could retire today, another 4,000 become eligible1742within the next 4 years.1743    If all of that weren't enough, some of our basic resources1744are also strained. As of the end of fiscal year 2024, over 501745percent of our vehicle fleet is also retirement-eligible. It1746takes an average of 403 days for a new vehicle to be ordered1747and delivered, leading to increased costs and on and on.1748President Trump has some ideas for this manpower issue by1749proposing to increase Border Patrol pay, offer retention1750bonuses, add recruitment bonuses to bring in an additional175110,000 agents. We can only hope that there are enough people1752who still want to do this job. The bottom line is that the1753border crisis under the Biden administration severely impacted1754our ability to secure the border and strained our work force to1755the breaking point.1756    Thank you for your time. I look forward to your questions.1757    [The prepared statement of Mr. Anfinsen follows:]1758                   Prepared Statement of Jon Anfinsen1759                             March 25, 20251760    Chairman Guest, Ranking Member Correa, and distinguished Members of1761the subcommittee, thank you for inviting me to testify before you1762today. I hope that my testimony will assist the subcommittee in better1763understanding how the Executive Actions taken by President Biden and1764his administration directly resulted in an unprecedented security and1765humanitarian crisis along our borders and within our country.1766    The bottom line up front is that it did not need to happen this1767way, and we need to do what we can to prevent it from happening again.1768    My name is Jon Anfinsen, and I am the executive vice president of1769the National Border Patrol Council (NBPC). My testimony is rooted in my1770perspective and lived experiences as a front-line agent stationed in1771Del Rio Sector in Texas, as well as the observations, perspectives, and1772lived experiences of the agents I am honored to represent. The NBPC is1773the union that represents over 16,500 front-line Border Patrol agents1774and support staff that protect this country and enforce our laws each1775day. Unfortunately, during the 4 years that President Biden and his1776administration were in office, front-line agents were unable to1777properly protect our Nation and fully enforce our laws.1778    The U.S. Border Patrol has always seen fluctuations in the number1779of encounters of aliens or ``traffic'' we detect crossing our borders,1780especially our Southwest Border, typically at the start of each new1781Presidential administration. However, to say the changes we saw within1782the first few weeks of the Biden administration were unprecedented is1783an understatement. Not only was the entire world encouraged to1784illegally cross our borders, primarily to abuse the asylum system, but1785it caused our agents to be sidelined and truly unable to do our jobs.1786    In effect, our job was changed from one of immigration and law1787enforcement to working on a virtual assembly line, simply completing1788one step in the process of abusing the asylum system and the United1789States' immigration laws. Gone were the days of agents patrolling in1790the brush and desert, and instead, we were relegated to sit behind a1791computer for an entire shift, all the while being notified that groups1792of illegal aliens--who were not turning themselves in for1793apprehension--were disappearing into the interior of the country,1794having been spotted on cameras or reported by members of the community.1795    While we had no idea who these people were, where they were going,1796or what their intentions were at the time--all serious concerns--based1797on past investigations and intelligence, assessments show that many of1798these aliens have prior criminal convictions in the United States and1799also are likely smuggling fentanyl or other dangerous drugs into our1800communities. At the time, it was practically a given that someone could1801cross the border and be released, so the fact that some people chose to1802sneak in and avoid that process suggests that at least some of them are1803people we should be concerned about.1804    Not only were the previous 4 years a boon for the cartels in1805Mexico, allowing them to smuggle practically anyone or anything into1806the country, it created an entirely new business model for them. People1807have always needed permission from the cartels to cross the border, and1808traditionally, the cartels had to make arrangements to use smugglers to1809transport people via their smuggling network to their final1810destination. While the cartels still did that during the past 4 years1811to smuggle people who wanted nothing to do with the Border Patrol,1812there was an entirely different and much larger population just needed1813to get across the border and give up. As a result, agents could not do1814their job, and instead had to watch camera footage of groups getting1815away to parts unknown.1816    To put it in context, during both of President Obama's terms, there1817was a total of approximately 1,089,000 gotaways. During President1818Trump's first term, there were approximately 549,000 gotaways. However,1819during President Biden's 4 years, there were approximately 2,000,0001820gotaways, though it is generally believed the number is much higher1821because agents were not in the field enough to get a more accurate1822count of those who absconded into the country.1823    Along the Southwest Border, specifically in Texas, where I work,1824cartel members in Mexico basically became ferry operators, tasked only1825with getting people across the river, where they were told to flag down1826a Border Patrol agent. In other areas, groups were required to pay a1827fee and were left to get across the river on their own, resulting in1828what is referred to as the deadliest border in the world. We will1829likely never know how many people died, but here is what we do know to1830give you some context.1831    During President Obama's 2 terms, there was an average of1832approximately 370 deaths at the border that were detected per year,1833with fiscal year 2012 being the worst with approximately 470 deaths.1834    During President Trump's first term, there was an average of1835approximately 280 deaths at the border that were detected per year,1836with fiscal year 2020 being the worst with approximately 250 deaths.1837    And during President Biden's 4 years, the average was approximately1838690 deaths at the border that were detected per year--fiscal year 20221839was the worst of his 4 years with over 900 deaths, the highest number1840of deaths in any year going back as far as I have been able to1841research. That was an average of 75 deaths per month in that fiscal1842year, not to mention the bodies that were encountered by local1843officials, straining county resources by filling up morgues in counties1844up and down the border. For example, Maverick County, where Eagle Pass,1845Texas is located, had to bring in refrigerator trucks to store the1846bodies of unidentified people who died trying to illegally enter the1847country because their morgue was full, something that increasingly1848happened up and down the border as illegal crossings continued to1849increase.1850    Because of the massive increase in tragic and horrific incidents,1851some agents--those who were fortunate enough to be in the field and not1852processing--were tasked with search-and-rescue or body recovery1853efforts. And while search-and-rescue operations and providing medical1854care are not unusual tasks for agents, we had never seen it on this1855scale.1856    We have hundreds of Border Patrol agents trained as Emergency1857Medical Technicians (EMTs), who are supposed to be deployed in the1858field to help people in areas with limited emergency medical services1859(EMS) and resources. Instead, they were frequently tasked with1860screening asylum seekers at processing facilities or as the migrants1861were loaded onto buses to head to the processing facilities. In1862addition, when contracts were spun up to provide medical services1863within the facilities, that didn't mean EMTs were automatically1864deployed to the field because there was always processing to do. This1865often resulted in non-EMT agents being the ones on the scene to try and1866rescue people who were sick and dying, including those who had no1867chance of survival.1868    In the Del Rio Sector, when crossings were at their worst, some1869months involved an average of more than 1 death per day. Several1870children, sometimes entire families, were swept away by the deceptively1871calm-looking water in the Rio Grande River, causing agents and local1872EMS personnel to scramble to launch rescue efforts or recovery1873efforts--either was just as likely.1874    I remember one incident in particular in August 2022 in Eagle Pass,1875Texas, where a toddler and an infant--2 siblings--had gone under the1876water while a family crossed the river.1877    Agents on the boat unit responded, pulled some of them from the1878water, including the kids, and performed CPR on the kids, doing the1879best they could to save them. The toddler passed away, and the infant1880went to the hospital, but passed away a few days later.1881    The agents did their best to save them and then spent the rest of1882the day dealing with questions from the Customs and Border Protection1883(CBP) Office of Professional Responsibility (OPR), like ``How long did1884you perform CPR? Who told you to stop performing CPR? How many rounds1885of CPR did you perform?'' Congress previously tasked CBP OPR with1886investigating the death of people in our custody and providing a report1887to Congress within 72 hours, which has caused agents who have dealt1888with traumatic events to relive those events over and over in an1889attempt by OPR to figure out if they needed to report a particular1890death to Congress.1891    The month after these 2 siblings drowned, 8 people died in 11892drowning incident as they were swept away by the river--this just kept1893happening, over and over.1894    Things like this weigh heavily on our agents, as does the never-1895ending flow of children generally being put in dangerous situations. A1896lot of our employees are parents, and most of us can see our own kids1897when we look at small children playing on the ground in a processing1898facility, sitting in the dirt at the border, or when their lifeless1899body is pulled from the river. Situations and incidents like these,1900which became the norm under the Biden administration, contributed to a1901significant increase in mental health challenges faced by our agents.1902    Since fiscal year 2015, CBP has had 101 employee suicides, with 831903percent of those involving U.S. Border Patrol and Office of Field1904Operations employees. In 2022, when the border crisis was peaking,1905there was a 50 percent increase in employee suicides when compared to1906the previous 7-year average. And while their reasons for committing1907suicide are typically unknown, we do know that having to deal with1908objectively terrible and sad things at work, day in and day out, does1909nothing to help anyone's mental health.1910    For many years, CBP tried to pretend that suicide was not a problem1911for the workforce, typically by not acknowledging that an employee1912committed suicide. In recent years, however, CBP has devoted1913significant resources to addressing this situation, including1914recruiting operational psychologists, resilience specialists, and even1915a suicidologist to tackle the problem.1916    While agents were doing their best to hold on during the worst and1917most tragic days we've ever experienced as Border Patrol agents, a1918large chunk of the country, media, Congress, and the Biden1919administration did everything they could to demonize us.1920    In one very public example that I was able to observe up close and1921personal, agents assigned to the Del Rio Sector's Horse Patrol Unit1922were deployed to the land underneath the port of entry in Del Rio,1923Texas, after thousands of Haitian immigrants began illegally crossing1924the river from Mexico in September 2021. A day after we hit our high-1925water mark of almost 15,000 people under and next to the bridge, the1926spot where most people had been crossing the river was shut down,1927causing them to start crossing in a different location downriver.1928    The Horse Patrol Unit was asked to help deter some people from1929crossing at this new location, and while doing so, pictures and video1930were recorded of them doing the job they were trained to do: use horses1931to detain people. Some folks in the media immediately mischaracterized1932what was taking place, claiming that agents were carrying whips and1933were whipping these Haitian immigrants, which was ultimately determined1934to be false.1935    However, what followed was an unprecedented attack on these agents1936and the U.S. Border Patrol itself. While DHS leadership initially asked1937people to pause and wait for an investigation to be completed, it was1938not long before the administration's tone changed.1939    President Biden stated that the immigrants were ``strapped'' and1940said, ``I promise you those people will pay. They will be investigated.1941There will be consequences.'' Vice President Harris stated that the1942agents' behavior was ``horrible,'' it evoked images of slavery, and1943that there ``needs to be consequences and accountability'' because1944``human beings should not be treated that way.''1945    In the end, it was confirmed that the agents were not carrying1946whips, and they were not using anything else as a whip, ultimately1947clearing them of the misconduct allegations. But not before the media1948frenzy turned the lives of them and their family's upside down.1949    The result of all of this: even with strong Congressional funding1950and support, the Border Patrol has been unable to grow our workforce1951and recruit and retain enough agents to properly secure our border1952because who wants to start a new career when the administration clearly1953does not support the mission or the agents performing it?1954    The bottom line is that situations like this and the overall1955demonization of an entire agency have led to CBP and the U.S. Border1956Patrol being unable to hire enough agents to account for attrition for1957several years. And when we do have a year where we happen to have a net1958gain, it is only by a relative handful of agents because too many1959incumbent agents have decided they had enough and retired as soon as1960they were eligible to do so.1961    We currently have approximately 19,500 Border Patrol agents on duty1962to protect our border. Of this number, more than 2,500 are eligible to1963retire--today. These agents could literally put in their retirement1964papers and be gone tomorrow. Another 4,000 agents will be eligible to1965retire in the next 4 years. In total, we are looking at nearly one-1966third of our current workforce potentially leaving in the next 4 years.1967    Why does this matter? Because under the last administration, we had1968approximately 2 million illegal aliens observed on Border Patrol1969surveillance platforms walking right into this country without being1970arrested. We saw them, but we literally did not have enough agents to1971arrest them. That is what happens when you do not have enough manpower1972to meet the mission.1973    Similarly, we lack something as simple as reliable transportation1974to allow agents to perform that mission. As of the end of fiscal year19752024, over 50 percent of the U.S. Border Patrol's vehicle fleet was1976retirement-eligible. Of those vehicles, approximately 1,100, or 71977percent, are on track to be replaced, but they will take anywhere from19789 months to 2 years to receive. The average time from ordering a new1979vehicle to its delivery is approximately 403 days. Due to the age and1980worn state of our fleet, vehicles are being used far longer than1981intended, resulting in millions of dollars in additional maintenance1982costs and forcing newer vehicles to be used more frequently, thereby1983drastically shortening their already relatively short life span. In1984some locations, we have vehicles being used over 16 hours per day, as1985one agent waits for another agent's shift to end so they can take the1986same vehicle back to the border.1987    President Trump recognizes these challenges. He has proposed1988increasing Border Patrol agent pay and offering retention bonuses to1989keep the agents we already have. In addition, he has proposed1990recruitment bonuses to add an additional 10,000 agents above our1991current staffing level. I hope that all of you will support these1992initiatives as they are brought forward in reconciliation and through1993the fiscal year 2026 appropriations process.1994    I thank the subcommittee for the invitation to be here and for your1995time this morning. I look forward to answering any questions you may1996have.19971998    Mr. Guest. Thank you, Mr. Anfinsen.1999    I now recognize Mr. Reichlin-Melnick for 5 minutes to2000summarize his opening statement.20012002 STATEMENT OF AARON REICHLIN-MELNICK, SENIOR FELLOW, AMERICAN2003                      IMMIGRATION COUNCIL20042005    Mr. Reichlin-Melnick. Chairman Guest, Ranking Member2006Correa, and distinguished Members of the subcommittee, my name2007is Aaron Reichlin-Melnick and I am senior fellow at the2008American Immigration Council, a nonpartisan nonprofit2009organization which envisions a Nation where immigrants are2010embraced, American communities are enriched, and justice2011prevails for all.2012    There is no doubt that President Biden's record at the2013border was mixed. As we have argued, Biden made measurable2014progress at restoring the asylum system while failing to lead2015on a national level to respond to the unprecedented rise in2016migration. True, the administration eventually settled on a2017strategy in 2024 that produced results, including a drop in2018border apprehensions of 80 percent. But the legality and long-2019term viability of this strategy was questionable and it was2020ultimately too little, too late.2021    However, Joe Biden is no longer president and while2022President Biden ordered DHS to focus on immigrants who are2023recent entrants or public safety threats, President Trump is2024focused on arresting and deporting all removable immigrants,2025including long-time residents, those with no criminal records,2026families, children, and undocumented workers. Trump has made2027immigration enforcement the top priority of Federal law2028enforcement, above fentanyl trafficking, above terrorism, and2029even above protecting our children from predators. This2030obsession with draconian immigration enforcement will make us2031all less safe. If continued over the next 4 years, it may also2032impoverish us as a climate of fear and large-scale removals2033cause the economy to shrink and Americans to lose their jobs.2034    Over the last 2 months, the Trump administration has2035reassigned thousands of Federal law enforcement officers away2036from their normal duties to instead carry out low-level civil2037immigration enforcement arrests and prosecutions, including2038against many people with no criminal record. This has diverted2039resources away from serious public safety threats. According to2040Reuters, at Homeland Security Investigations, which over the2041last 2 years reported saving 3,000 children from predators,2042scores of agents who specialize in child sexual exploitation2043have been reassigned to immigration enforcement. Rather than2044protecting kids, these special agents are staking out immigrant2045workers' homes and taking down license plates. At the2046Department of Justice, Attorney General Bondi declared on her2047first day that immigration enforcement is the top priority of2048the agency above nearly everything else. Even the FBI's Joint2049Terrorism Task Force has been directed to assist in the2050execution of President Trump's immigration initiatives.2051    But it doesn't stop there. Twenty-five percent of the DEA's2052work force has been reassigned to immigration enforcement.2053Rather than tracking down drug traffickers, DEA agents are2054combing through old files to find cases where prosecutors can2055add illegal entry or reentry charges years later. At the ATF, a2056full 80 percent of agents have been reassigned to immigration.2057Even the IRS isn't immune, with special agents trained in2058financial crimes being made to go after random immigrants2059instead.2060    In a world of limited resources, diverting Federal law2061enforcement to the mass deportation agenda will have an obvious2062effect. When HSI agents tracking on-line pedophiles are forced2063to stake out undocumented workers, our children are not safer.2064When DEA agents investigating drug rings are told to find2065immigrant families who missed court dates, our communities are2066not safer. When FBI agents tracking terrorists are told to2067focus on immigration arrests instead, our Nation is not safer.2068    These concerns are not hypothetical. In 2018, under the2069zero tolerance policy, border prosecutors were ordered to2070charge all migrants with illegal entry. The result was clear:2071there was a large drop in drug trafficking cases brought by2072Federal prosecutors because prosecutors were spending night and2073day focused on migrant parents instead of going after the drug2074traffickers.2075    This administration's priorities are backward. While Trump2076is spending billions of dollars on detaining ever greater2077numbers of immigrants, his administration is slashing services2078for Americans. Money is pouring into the pockets of private2079prison companies at the same time as USDA is ending contracts2080giving children access to fresh local food and Social Security2081is closing offices nationwide. Rather than a single-minded2082focus on mass deportation, this administration and Congress2083should pursue common-sense policies that help American2084communities.2085    We need a system that can resolve cases quickly while also2086maintaining fairness, due process, and meaningful2087accountability for all actors. That includes a path to2088permanent legal status for undocumented immigrants who have2089resided in this country for decades without breaking other2090laws. This would build American prosperity, encourage the rule2091of law, and break the power of unscrupulous employers who2092exploit workers. In an option between self-defeating mass2093deportations and a prosperity-building path to legal status,2094the choice is clear.2095    Thank you and I look forward to your questions.2096    [The prepared statement of Mr. Reichlin-Melnick follows:]2097              Prepared Statement of Aaron Reichlin-Melnick2098                             March 25, 20252099    Chairman Guest, Ranking Member Correa, and distinguished Members of2100the subcommittee: My name is Aaron Reichlin-Melnick, and I currently2101serve as a senior fellow at the American Immigration Council, a non-2102profit organization that envisions a Nation where immigrants are2103embraced, communities are enriched, and justice prevails for all. We2104strive to create a society that values immigrants as vital contributors2105and where everyone is afforded an equal opportunity to thrive socially,2106economically, and culturally. We do this by shaping immigration2107policies and practices at the Federal, State, and local levels through2108educating decision makers and the public and advancing sensible policy2109solutions through research and advocacy.2110    The Council has long studied border policy and immigration2111enforcement within the United States. In 2023, we published Beyond a2112Border Solution, a report calling for greater investment in the2113immigration adjudication system and for border enforcement, as well as2114legal changes to create a more functional humanitarian protection2115system.\1\2116---------------------------------------------------------------------------2117    \1\ American Immigration Council, ``Beyond a Border Solution,'' May21183, 2023, https://www.americanimmigrationcouncil.org/research/beyond-2119border-solutions.2120---------------------------------------------------------------------------2121    There is no doubt that President Biden's record at the border was2122mixed. As the Council made clear over the last 4 years, President Biden2123made measurable progress at restoring the asylum system and offering2124safe and legal alternate pathways, while failing to respond to the2125urgent need to address the overwhelmed adjudication system or take a2126leading role in coordinating a national response to the arrival of2127large numbers of migrants seeking asylum or a better life in the United2128States. While Congress eventually provided some support to local2129communities, the administration's response was delayed. The2130administration eventually settled on a strategy in late 2023 and border2131encounters plummeted throughout 2024. The ``carrot and stick'' approach2132remained in significant tension with the law, permitting some2133individuals to access protections while forcing others to wait2134indefinitely outside the country in Mexico. While this fragile state of2135affairs effectively reduced irregular crossings from their peaks in2136December 2023, its legality was questionable and ultimately it was in2137many ways too little, too late.2138    However, much has changed since 2024. On January 20, 2025,2139President Trump took office for a second time. As in his first term, he2140has set about radically reshaping immigration law and policy. President2141Trump campaigned on ``mass deportations'' and after taking office he's2142set out to make deportation and immigration enforcement the No. 12143priority of the Federal Government.2144    Throughout the Federal Government, the Trump administration has2145moved to shift nearly all Federal law enforcement agencies to focus on2146interior enforcement; the ``mass deportations'' he promised on the2147campaign trail. Rather than focus primarily on the border, recent2148entrants, or even those with criminal records, the Trump2149administration's shotgun approach to enforcement is simultaneously2150targeting long-time residents,\2\ those with no criminal records,\3\2151undocumented families,\4\ migrant children,\5\ undocumented workers,\6\2152and random people with the misfortune to be caught standing near an ICE2153operation.\7\ These indiscriminate and scattershot efforts to ramp up2154arrests with no emphasis on targeting public safety threats are2155indicative of an administration aiming to carry out as many arrests and2156deportations as they can, with little care as to whom they round up and2157what the impact will be on the rest of the country.2158---------------------------------------------------------------------------2159    \2\ Josh DuBose, ``California couple deported after living in U.S.2160for 35 years,'' KTLA, March 19, 2025, https://ktla.com/news/local-news/2161southern-california-couple-in-u-s-for-35-years-deported-to-colombia/;2162Theara Coleman, ``Jeanette Vizguerra: a high-profile activist and the2163latest casualty of the immigration crackdown,'' Yahoo News, March 20,21642025, https://www.yahoo.com/news/jeanette-vizguerra-high-profile-2165activist-170455405.html.2166    \3\ Laura Strickler, ``New Immigration and Customs Enforcement data2167shows administration isn't just arresting criminals,'' NBC News,2168February 19, 2025, https://www.nbcnews.com/politics/national-security/2169new-ice-data-shows-administration-isnt-just-arresting-criminals-rcna-2170192656.2171    \4\ Jennie Taer, ``ICE will now target illegal migrant families for2172deportation--and is reopening 2 detention centers to hold them,'' New2173York Post, March 6, 2025, https://nypost.com/2025/03/06/us-news/trump-2174admin-will-now-target-illegal-migrant-families-for-deportation/.2175    \5\ Marisa Taylor, Ted Hesson, and Kristina Cooke, ``Trump2176officials launch ICE effort to deport unaccompanied migrant children,''2177Reuters, February 23, 2025, https://www.reuters.com/world/us/trump-2178administration-directs-ice-agents-find-deport-unaccompanied-migrant-21792025-02-23/.2180    \6\ Ximena Bustillo, ``In child care centers and on farms,2181businesses are bracing for more immigration raids,'' NPR, February 28,21822025, https://www.npr.org/2025/02/28/g-s1-50958/business-workplace-2183raids-immigration-ice-deportation.2184    \7\ Associated Press, ``Ice violated Chicago agreement during2185immigration raids, activists allege,'' March 17, 2025, https://2186www.theguardian.com/us-news/2025/mar/17/chicago-ice-raids.2187---------------------------------------------------------------------------2188    These efforts to carry out mass deportations are making Americans2189less safe and less well-off. Law enforcement officers across the2190Federal Government have been taken off their normal duties and forced2191to carry out immigration arrests. Trust between immigrant communities2192and local police is being undermined as the administration moves to2193pressure local communities to end policies which promote cooperation2194with police. A climate of fear has descended across the country, with2195some immigrants with deep ties to this country staying home, skipping2196work and school, and only venturing outside when strictly necessary.\8\2197Should deportations ramp up further, the economic impact of this change2198will only get worse, and all Americans can expect to feel the pinch.\9\2199---------------------------------------------------------------------------2200    \8\ Rebecca Davis O'Brien and Miriam Jordan, ``A Chill Sets In for2201Undocumented Workers, and Those Who Hire Them,'' New York Times, March22029, 2025, https://www.nytimes.com/2025/03/09/business/economy/immigrant-2203workers-deportation-fears.html.2204    \9\ American Immigration Council, ``Mass Deportation: Devastating2205Costs to America, Its Budget and Economy,'' October 2, 2024, https://2206www.americanimmigrationcouncil.org/research/mass-deportation.2207---------------------------------------------------------------------------2208    This administration's priorities are backwards. At the same time as2209his administration is slashing Government services for Americans across2210the board, President Trump is pouring resources into immigration2211enforcement. Billions of dollars are going to detaining ever-greater2212numbers of immigrants in overcrowded ICE detention beds and holding2213cells.\10\ At the same time, the U.S. Department of Agriculture is2214terminating contracts to ensure America's children have access to2215fresh, local food in our schools \11\ and the National Institutes for2216Health are terminating grants to provide cancer care in rural2217areas.\12\2218---------------------------------------------------------------------------2219    \10\ Dennis Valera, ``Immigrant advocates protest inhumane2220conditions in Baltimore ICE detention facility,'' CBS News, March 18,22212025, https://www.cbsnews.com/baltimore/news/maryland-immigration-ice-2222detention-facility-conditions/.2223    \11\ Aimee Picchi, ``USDA cancels $1 billion in funding for schools2224and food banks to buy food from local suppliers,'' CBS News, March 13,22252025, https://www.cbsnews.com/news/usda-cancels-local-food-purchasing-2226food-banks-school-meals/.2227    \12\ Lauren Neergaard and Kasturi Pananjady, ``NIH research cuts2228threaten the search for life-saving cures and jobs in every state,''2229March 6, 2025, https://apnews.com/article/trump-science-medicine-2230research-cancer-funding-university-0ef3fa47694784e47b0ecd51680410ba.2231---------------------------------------------------------------------------2232    The Trump administration's cuts also extend to core oversight of2233their actions. On Friday, March 21, the Department of Homeland Security2234effectively dissolved 3 oversight bodies created by Congress within the2235Department of Homeland Security; the Office of the Immigration2236Detention Ombudsman, the U.S Citizenship and Immigration Services2237Ombudsman, and the DHS Office for Civil Rights and Civil Liberties.\13\2238The latter agency was tasked with reviewing claims under the Prison2239Rape Elimination Act brought by people in ICE detention.2240---------------------------------------------------------------------------2241    \13\ Zolan Kanno-Youngs, Hamed Aleaziz, Adam Goldman, and Eileen2242Sullivan, ``Trump Fires Nearly the Entire Civil Rights Branch of2243D.H.S.,'' New York Times, March 21, 2025, https://www.nytimes.com/2025/224403/21/us/politics/trump-civil-rights-homeland-security-2245deportations.html.2246---------------------------------------------------------------------------2247    Abolishing CRCL will cause investigations into serious allegations2248of rape and sexual violence inside ICE detention centers to be dropped2249or to languish with no forward progress, allowing perpetrators to2250escape responsibility. And this is not even the first time the Trump2251administration has openly ignored sexual violence against migrants. In2252March the Trump administration dropped a lawsuit seeking compensation2253for migrant children raped and sexually abused while held in shelters.2254Displaying a shocking level of callousness, the Government argued in a2255legal brief that dropping the case was necessary because compensating2256children who had been raped and sexually abused while in Government-2257funded shelters could ``incentivize illegal crossings at the Southern2258Border.''\14\ None of this makes our communities safer.2259---------------------------------------------------------------------------2260    \14\ Justin Wise and Suzanne Monyak, ``US Said to Drop Sex Abuse2261Lawsuit Against Migrant Child Shelter,'' Bloomberg, March 9, 2025,2262https://news.bloomberglaw.com/us-law-week/us-said-to-drop-sex-abuse-2263lawsuit-against-migrant-child-shelter.2264---------------------------------------------------------------------------2265    Rather than pour ever-greater sums of money into immigration2266enforcement while cutting services for Americans and gutting basic2267protections and oversight for those held in immigration custody, this2268administration and Congress should pursue common-sense policies that2269help our communities. A path to permanent legal status for the2270overwhelming majority of undocumented immigrants who have resided in2271this country for decades without getting into trouble with the law2272would build American prosperity, encourage the rule of law, and reduce2273exploitation of vulnerable immigrants by unscrupulous employers. In an2274option between self-defeating mass deportations and a prosperity-2275building path to legal status, the choice is clear.2276 president trump's obsession with draconian immigration enforcement is2277                          making us less safe2278    The Trump administration has chosen to prioritize immigration2279enforcement above nearly every other law enforcement priority; above2280drug trafficking, above terrorism, and above protecting our children.2281    The first shift began at the Department of Justice. On President2282Trump's first full day in office, the Department of Justice issued a2283memo declaring that all U.S. Attorneys offices ``shall pursue charges2284relating to criminal immigration-related violations'' whenever2285presented, no matter how minor.\15\ Any failure to pursue such charges2286requires a formal declination decision and has to be immediately2287reported to senior leadership for review.\16\2288---------------------------------------------------------------------------2289    \15\ Acting Deputy Attorney General Emil Bove, ``Memorandum for All2290Department Employees: Interim Policy Changes Regarding Charging,2291Sentencing, and Immigration Enforcement,'' Dep't of Justice, January229221, 2025, available at https://www.washingtonpost.com/documents/22932f9af176-72c5-458a-adc4-91327aa80d11.pdf?itid=hp-top-table-2294high_p001_f002.2295    \16\ Id. at 2.2296---------------------------------------------------------------------------2297    Although Federal law enforcement was already focused on serious2298matters, the memo directed multiple law enforcement agencies to abandon2299their current duties and shift to focusing on immigration-related2300offenses again. The memo directed the Organized Crime Drug Enforcement2301Task Force (established in 1982 to identify, disrupt, and dismantle2302drug trafficking and related offenses) and Project Safe Neighborhoods2303(established in 2001 to bring together Federal, State, and local law2304enforcement to address violent crime) to divert ``resources and2305attention to immigration-related prosecutions at the Federal, State,2306and local levels.''\17\ Taking this one step further, the memo provides2307that ``OCDETF Strike Forces shall prioritize the investigation and2308prosecution of immigration offenses, including by requiring OCDETF-2309funded AUSAs to devote significant time and attention to the2310investigation of these crimes.''\18\ In other words, the DOJ directs2311its components to stop focusing on drug trafficking and transnational2312crime and instead mandates that law enforcement must focus on2313immigration offenses.2314---------------------------------------------------------------------------2315    \17\ Id. at 3.2316    \18\ Id. at 3.2317---------------------------------------------------------------------------2318    This mandate is not new under President Trump. In his first term,2319Attorney General Jeff Sessions' 2018 ``Zero Tolerance'' policy mandated2320that prosecutors charge every migrant crossing the Southern Border2321under 8 U.S.C.  1325 for misdemeanor ``improper entry.'' This not only2322led to cruel family separations that a majority of Americans opposed,2323but it also meant prosecutors at the Southern Border were forced to2324divert attention away from serious criminals, which led prosecutions2325for drug trafficking to plummet.\19\ While it is too early to have any2326hard data for this renewed shift in prosecutorial priorities, expect2327something similar to occur in 2025. Prosecutors have limited resources,2328and if they are mandated to use those resources on immigration charges,2329they will by necessity be forced to stop bringing charges against other2330Federal crimes.2331---------------------------------------------------------------------------2332    \19\ Brad Heath, ``As feds focused on detaining kids, border drug2333prosecutions plummeted,'' USA Today, October 10, 2018, https://2334www.usatoday.com/story/news/investigations/2018/10/10/border-drug-2335trafficking-prosecutions-plunged-zero-tolerance/1521128002/.2336---------------------------------------------------------------------------2337    After taking office, Attorney General Pam Bondi emphasized in a2338February 5, 2025 memorandum that the highest priority of the Department2339of Justice will be ``immigration enforcement.''\20\ Incredibly, the2340only priorities for the entire DOJ that AG Bondi lists in her2341memorandum are immigration enforcement (including investigations of2342local officials who do not cooperate with ICE), combatting trafficking2343and smuggling of children across the border, crimes against law2344enforcement, and targeting transnational criminal organizations such as2345MS-13. Not a single other crime rises to the level of a priority for2346the department--not terrorism, child sexual exploitation, public2347corruption, gang violence, election interference, or even fentanyl2348trafficking.2349---------------------------------------------------------------------------2350    \20\ Attorney General Pamela Bondi, Memorandum for All Department2351Employees: General Policy Regarding Charging, Plea Negotiations, and2352Sentencing,'' February 5, 2025, https://www.justice.gov/ag/media/23531388541/dl.2354---------------------------------------------------------------------------2355    The diversion of law enforcement away from their normal duties has2356occurred throughout the Federal Government since Trump took office, not2357just among prosecutors. For example, ICE's Homeland Security2358Investigations (HSI), the criminal investigative arm of ICE, previously2359had its primary mission ``keeping dangerous drugs and gang members off2360our streets'' and ``identifying and supporting victims rescued from2361child exploitation, human trafficking, and forced labor.''\21\ Not so2362anymore. Now, pursuant to a January 20 Executive Order, the President2363has mandated that the ``primary mission of [HSI] is the enforcement of2364the provisions of the INA and other Federal laws related to illegal2365entry and unlawful presence of aliens in the United States.''\22\2366---------------------------------------------------------------------------2367    \21\ ICE Homeland Security Investigations, ``Who We Are,'' last2368updated March 7, 2025, https://www.ice.gov/about-ice/hsi.2369    \22\ President Donald J. Trump, Executive Order 14159, Protecting2370the American People Against Invasion, January 20, 2025, https://2371www.federalregister.gov/documents/2025/01/29/2025-02006/protecting-the-2372american-people-against-invasion.2373---------------------------------------------------------------------------2374    Rather than protecting American children from pedophiles and drug2375traffickers, public reporting confirms that hundreds of HSI agents have2376been diverted to carrying out immigration enforcement instead.\23\2377Former HSI agents warned in February that these shifts may force agents2378to abandon cases involving ``child exploitation crimes, cyber attacks2379and Dark Web financial schemes, Iranian and Chinese nuclear2380traffickers, Russian organized crime, trade fraud and sanctions2381investigations.''\24\ Now, in March, reporting from Reuters confirms2382the devasting impact of these cuts: ``scores of agents who specialize2383in child sexual exploitation have been reassigned to immigration2384enforcement,'' including menial duties such as ``surveillance outside2385of immigrant workers' homes, taking down license plates and2386distributing photos of `target' immigrants to detain.''\25\2387---------------------------------------------------------------------------2388    \23\ Josh Meyer, ``Thousands of DHS agents shift to deportation2389instead of drugs, weapons, and human trafficking,'' USA Today, February239014, 2025, https://www.azcentral.com/story/news/politics/2025/02/14/dhs-2391agents-deportation-not-trafficking/78641666007/.2392    \24\ Id. (``Cappannelli said one HSI agent involved in complex2393multi-agency criminal investigations is now chasing border crossers out2394of a remote station in Eagle Pass, Texas.'')2395    \25\ Brad Heath, Joshua Schneyer, Marisa Taylor, Sarah N. Lynch and2396Mike Spector, ``Exclusive: Thousands of agents diverted to Trump2397immigration crackdown,'' Reuters, March 22, 2025, https://2398www.reuters.com/world/us/thousands-agents-diverted-trump-immigration-2399crackdown-2025-03-22/.2400---------------------------------------------------------------------------2401    Multiple other Federal law enforcement agencies are also being2402forced to divert large numbers of agents away from their normal law2403enforcement tasks to carry out immigration raids.2404   The Drug Enforcement Agency has been ordered to divert2405        agents to immigration enforcement, with one DEA special agent2406        in charge admitting that immigration enforcement duties are2407        ``new to the DEA,'' and that the agency has been required to2408        send agents out to conduct immigration enforcement every2409        day.\26\ In total, 25% of DEA's entire 10,000 staff have been2410        diverted to immigration enforcement as of late March.\27\2411        Rather than tracking down drug traffickers, DEA agents are also2412        being told to comb through old files and find any cases2413        involving undocumented immigrants, going as far back as 5 years2414        ago, even cases where prosecutors declined to bring charges2415        because of a lack of evidence, and to go out and arrest these2416        individuals on immigration offenses.2417---------------------------------------------------------------------------2418    \26\ Shelby Bremer, ``DEA special agent in charge of San Diego2419discusses immigration, US-Mexico border,'' NBC San Diego, March 8,24202025, https://www.nbcsandiego.com/news/local/san-diego-dea-agent-2421immigration-border/3772700/.2422    \27\ Brad Heath, Joshua Schneyer, Marisa Taylor, Sarah N. Lynch and2423Mike Spector, ``Exclusive: Thousands of agents diverted to Trump2424immigration crackdown,'' Reuters, March 22, 2025, https://2425www.reuters.com/world/us/thousands-agents-diverted-trump-immigration-2426crackdown-2025-03-22/.2427---------------------------------------------------------------------------2428   The Bureau of Alcohol, Tobacco, and Firearms has also been2429        deputized to carry out immigration enforcement. Agents have2430        been sent to join ICE on various enforcement operations,2431        including a controversial arrest of an adult outside a school2432        during morning drop-off.\28\ In total, as of late March,2433        ``about 80%'' of the agency's ``roughly 2,500'' agents have2434        been reassigned to immigration enforcement and taken away from2435        their normal job investigating firearms offenses, arson,2436        bombing, and illicit shipments of alcohol and tobacco.\29\2437---------------------------------------------------------------------------2438    \28\ Becky Vevea and Mila Koumpilova, ``Person Detained By ICE And2439ATF Agents During School Dropoff, Charter School Leaders Say,'' Block2440Club Chicago, February 28, 2025, https://blockclubchicago.org/2025/02/244126/person-detained-by-federal-immigration-officials-during-school-2442dropoff-chicago-charter-school-administrators-say/.2443    \29\ Brad Heath, Joshua Schneyer, Marisa Taylor, Sarah N. Lynch and2444Mike Spector, ``Exclusive: Thousands of agents diverted to Trump2445immigration crackdown,'' Reuters, March 22, 2025, https://2446www.reuters.com/world/us/thousands-agents-diverted-trump-immigration-2447crackdown-2025-03-22/.2448---------------------------------------------------------------------------2449   The Internal Revenue Service has been directed to divert an2450        unknown number of criminal investigation agents, whose2451        expertise lies in investigating tax evaders and perpetrators of2452        financial, to immigration enforcement.\30\2453---------------------------------------------------------------------------2454    \30\ Id.2455---------------------------------------------------------------------------2456   The U.S. Marshal Service has been directed to send agents to2457        the Southern Border and to join ICE on enforcement operations2458        in the interior.\31\2459---------------------------------------------------------------------------2460    \31\ Kerry Charles, ``U.S. Marshals visit southern border,'' MSN,2461February 17, 2025, https://www.msn.com/en-us/news/us/u-s-marshals-2462visit-southern-border/ar-AA1zfeNrATF.2463---------------------------------------------------------------------------2464    Even the FBI's Joint Terrorism Task Force is not immune from this2465shift in priorities. The January 21 memorandum provides that the Joint2466Terrorism Task Force must ``coordinate with DHS, as well as State and2467local members, to assist in the execution of President Trump's2468immigration-related initiatives.''\32\ Media has already confirmed that2469agents assigned to the JTTF have been taken off their normal duties and2470instead are ``focused on making immigration arrests.''\33\ In essence,2471rather than focus on disrupting terrorist threats, the FBI's primary2472anti-terrorism task force must instead focus on finding and rounding up2473migrants that the Trump administration declares a higher priority.2474---------------------------------------------------------------------------2475    \32\ Bove Memorandum, at 3.2476    \33\ Barb Markoff, Christine Tressel, Tom Jones, Mark Rivera,2477``Chicago FBI terrorism task force new objective: Immigration2478enforcement,'' ABC 7 Chicago, March 6, 2025, https://abc7chicago.com/2479post/chicago-fbi-terrorism-task-force-new-objective-during-president-2480donald-trump-administration-immigration-enforcement/15985664/.2481---------------------------------------------------------------------------2482    In a world of limited resources, diverting law enforcement agents2483and prosecutors focusing on more serious crimes to carry out Trump's2484mass deportation agenda is going to have an obvious effect. When FBI2485agents investigating terrorists are instead forced to round up2486migrants, our Nation is not safer. When ICE HSI agents working to track2487on-line child pedophiles are forced instead to wait outside a random2488migrant's house conducting surveillance instead, our children are not2489safer. When DEA agents investigating a drug ring are told to instead2490knock on doors to find a random migrant who missed a court hearing, our2491communities are not safer.2492    Finally, to be clear, there is no evidence that the Trump2493administration's increased enforcement operations are targeting only2494public safety threats. Data published by ICE itself shows that the2495percent of people arrested by ICE and held in ICE detention with no2496criminal record has tripled since President Trump took office (see2497Figure 1).2498  Figure 1: Percent of Individuals Arrested by ICE Inside the United2499     States and Held in ICE Detention Who Have No Criminal History25002501Source: U.S. Immigration and Customs Enforcement, Detention Management,2502https://www.ice.gov/detain/detention-management.\34\2503---------------------------------------------------------------------------2504    \34\ Detention data is posted to this site on a biweekly basis.2505Prior data available through the Wayback Machine at https://2506web.archive.org/web/20241204112435/https://www.ice.gov/detain/2507detention-management.25082509    Through the last months of the Biden administration, roughly 6% of2510people arrested by ICE inside the interior of the United States and2511sent to ICE detention had no criminal record, meaning 94% of those held2512in ICE detention arrested in the interior were people with either a2513prior criminal conviction or a pending criminal charge. As of early2514March, over 18% of individuals held in ICE detention who were arrested2515in the interior by ICE had no criminal record. In other words, the2516Trump administration's enforcement efforts are leading to a significant2517increase in the arrests of people who are not public safety threats.2518And the people carrying out many of those arrests are law enforcement2519agents whose normal jobs would require them to target only those2520individuals engaged in serious violations of Federal criminal laws,2521such as drug trafficking.2522 Mass Deportations Will Hurt the United States Economy and U.S. Workers2523    Today, there are at least 13 million undocumented people living in2524the United States.\35\ Trump promises to carry out a mass deportation2525campaign with the stated intent of arresting and deporting every one of2526them. While most people entered without inspection across the U.S.-2527Mexico border, millions entered with a visa and then overstayed.\36\2528Over 8.6 million entered the country before 2009, meaning they have now2529lived here for a minimum of 15 years.\37\ Nearly 5 million have been2530here for a minimum of 25 years, and nearly 1.5 million have been here2531for a minimum of 35 years.\38\ Without a path to permanent legal2532status, they have spent decades living in limbo; living, working, and2533often raising a family. They have become integral parts of their2534communities, and yet the law prevents them from securing the necessary2535paperwork that can make it formal.2536---------------------------------------------------------------------------2537    \35\ Using American Community Survey data, we estimate that there2538were 10.99 million undocumented immigrants in the country as of 2022.2539DHS data shows that over 2.5 million people were released after2540crossing the Southern Border either at or between a port of entry since2541January 2023. U.S. Dep't of Homeland Sec., Office of Homeland Security2542Statistics, ``Immigration Enforcement and Legal Processes Monthly2543Tables,'' https://ohss.dhs.gov/topics/immigration/immigration-2544enforcement/immigration-president-enforcement-and-legal-processes-2545monthly, last updated October 29, 2024. Roughly 500,000 additional2546people entered through the CHNV parole program over that period.2547Without more recent Census data, we do not know the total of2548undocumented immigrants that left the country in 2023 and 2024, so it2549is not possible to provide an exact estimate of the undocumented2550population as of today.2551    \36\ Congressional Research Service, ``Nonimmigrant Overstays:2552Overview and Policy Issues,'' November 21, 2023, https://sgp.fas.org/2553crs/homesec/R47848.pdf.2554    \37\ U.S. Dep't of Homeland Sec, Office of Homeland Security2555Statistics, ``Estimates of the Unauthorized Immigrant Population2556Residing in the United States: January 2018-January 2022,'' April 2024,2557at 4 https://ohss.dhs.gov/sites/default/files/2024-06/25582024_0418_ohss_estimates-of-the-unauthorized-immigrant-population-2559residing-in-the-united-states-january-2018%25E2%25- 80%2593january-25602022.pdf.2561    \38\ Id.2562---------------------------------------------------------------------------2563    Undocumented people are part of nearly every community and2564institution in the country. Over 100,000 undocumented children graduate2565from an American high school each year.\39\ We estimate that there were2566408,000 undocumented college students in 2021.\40\ As of 2022, we2567estimate that there were roughly 1.7 million undocumented immigrants2568with a bachelor's degree or higher.\41\2569---------------------------------------------------------------------------2570    \39\ Fwd.US, ``The Post-DACA Generation is Here,'' Mary 23, 2023,2571https://www.fwd.us/news/undocumented-high-school-graduates/.2572    \40\ American Immigration Council, ``Undocumented College2573Students,'' August 2, 2023, https://www.americanimmigrationcouncil.org/2574research/undocumented-college-students-2023.2575    \41\ American Immigration Council, ``Mass Deportation: Devastating2576Costs to America, Its Budget and Economy,'' October 2, 2024, https://2577www.americanimmigrationcouncil.org/research/mass-deportation.2578---------------------------------------------------------------------------2579    Undocumented immigrants are also parents, spouses, and family2580members to millions of U.S. citizens and lawful permanent residents.2581Over 11.3 million U.S. citizens, plus an additional 2.4 million people2582with lawful permanent residency, live with someone who is undocumented2583(most often a member of their family).\42\ Nation-wide, more than one2584in 13 children in K-12 education has at least 1 parent who is2585undocumented; in Nevada, 1 in every 7, in Texas, 1 in every 8, and in2586California, 1 in every 11.\43\2587---------------------------------------------------------------------------2588    \42\ Fwd.US, ``New data analysis shows 28 million people, including2589nearly 20 million Latinos, are at risk of family separation in 2025,''2590October 24, 2024, https://www.fwd.us/news/mixed-status-families-oct/.2591    \43\ Pew Research Center, ``Unauthorized immigrants and2592characteristics for States, 2022,'' https://www.pewresearch.org/wp-2593content/uploads/sites/20/2024/07/SR_24.07.22_unauthor- ized-2594immigrants_table-3.xlsx.2595---------------------------------------------------------------------------2596    While President Trump talks about targeting ``criminal2597immigrants,'' over 90% have no prior criminal record whatsoever.\44\ Of2598the minority that do, the most common prior convictions are traffic2599offenses.\45\ Efforts to ramp up arrests for a mass deportation2600campaign would therefore necessarily sweep up thousands of people who2601have no or minimal criminal histories. In October, the Council2602published an analysis of 42 years of demographic data confirming that2603there is no statistically significant correlation between the immigrant2604share of the population and the total crime rate in any State.\46\2605---------------------------------------------------------------------------2606    \44\ Muzaffar Chishti and Michelle Mittelstadt, ``Unauthorized2607Immigrants with Criminal Convictions: Who Might Be a Priority for2608Removal?'' Migration Policy Institute, November 2016, https://2609www.migrationpolicy.org/news/unauthorized-immigrants-criminal-2610convictions-who-might-be-priority-removal.2611    \45\ This is based on the profile of criminal records of2612individuals arrested by ICE. See, e.g., U.S. Immigration and Customs2613Enforcement, ``U.S. Immigration and Customs Enforcement Fiscal Year26142019 Enforcement and Removal Operations Report,'' 2020, https://2615www.ice.gov/sites/default/files/documents/Document/2019/2616eroReportFY2019.pdf.2617    \46\ American Immigration Council, ``Debunking the Myth of2618Immigrants and Crime,'' October 17, 2024, https://2619www.americanimmigrationcouncil.org/research/debunking-myth-immigrants-2620and-crime.2621---------------------------------------------------------------------------2622    Instead of mass deportation, Congress could create a new path to2623permanent legal status allowing undocumented people already living here2624to file an application, pay a fee, and get some form of permanent2625status. The Council has studied the impact of the creation of a path to2626legal status for the undocumented population. In 2013, we examined the2627impact of the 1986 path to legal status created by the Immigration2628Reform and Control Act (IRCA) and concluded that legalization ``would2629be the cheapest Federal workforce development and anti-poverty program2630for children in history.''\47\ Economists agree that a path to legal2631status ``is not only a humanitarian act; it is also a form of economic2632stimulus'' that will ``generate more tax revenue for Federal, State,2633and local governments, as well as more consumer spending which sustains2634more jobs in U.S. businesses,'' which ``would benefit everyone by2635growing the economy and expanding the labor market.''\48\ And we2636examined data from both the Government and the academy showing that2637legalization programs do not drive increased migration, and if properly2638designed may actually reduce migration at the border.\49\2639---------------------------------------------------------------------------2640    \47\ Dr. Sherrie A. Kossoudji, ``Back to the Future: The Impact of2641Legalization Then and Now,'' American Immigration Council, January 31,26422013, https://www.americanimmigra- tioncouncil.org/research/back-2643future-impact-legalization-then-and-now.2644    \48\ American Immigration Council, ``An Immigration Stimulus: The2645Economic Benefits of a Legalization Program for Unauthorized2646Immigrants,'' April 2013, https://www.american- immigrationcouncil.org/2647sites/default/files/research/legalization_0.pdf.2648    \49\ American Immigration Council, ``Built to Last: How Immigration2649Reform Can Deter Unauthorized Immigration,'' May 2013, https://2650www.americanimmigrationcouncil.org/sites/default/files/research/2651built_to_last_how_immigration_reform_can_deter_unauthorized-2652_immigration.pdf.2653---------------------------------------------------------------------------2654    Despite the economic benefits of legalization, President Trump2655plans to pursue mass deportations of millions of undocumented people.2656This year, the Council studied the impact of taking the country down2657this path.\50\ In our October 2024 study, ``Mass Deportation:2658Devastating Costs to America, Its Budget and Economy,'' we examined the2659fiscal and economic impacts of mass deportations of the estimated 112660million undocumented immigrants present in the United States as of26612022, as well as the 2.3 million individuals who entered the country2662and were placed into removal proceedings from January 2023 through2663April 2024.\51\2664---------------------------------------------------------------------------2665    \50\ Portions of the aforementioned report are reproduced in this2666testimony.2667    \51\ American Immigration Council, ``Mass Deportation: Devastating2668Costs to America, Its Budget and Economy,'' October 2, 2024, https://2669www.americanimmigrationcouncil.org/research/mass-deportation.2670---------------------------------------------------------------------------2671    Our analysis concludes that beyond the enormous human toll that2672mass deportations would take on the United States, mass deportations2673would also impose extraordinary economic and fiscal damage to our2674country. Mass deportations would cost U.S. taxpayers hundreds of2675billions of dollars, with an estimated cost of an 11-year operation to2676arrest, detain, process, and deport 1 million people per year at $882677billion.\52\2678---------------------------------------------------------------------------2679    \52\ Id.2680---------------------------------------------------------------------------2681    Mass deportations would also cause economic chaos. As millions are2682expelled, the U.S. population and labor force would shrink. So too2683would the economy. Prices would rise in sectors with significant2684undocumented workforces, including construction, agriculture, and2685hospitality. Building, maintaining, and repairing houses would become2686more expensive, as would groceries, restaurants, travel, and child2687care. Every American would feel the pinch of inflation.2688    Overall, we estimate that a successful mass deportation campaign2689would lead to a loss in total GDP of 4.2% to 6.8%; in comparison, the2690GDP dropped by 4.3% during the Great Recession.\53\ And just like that2691period, many Americans would lose their jobs. Even an attempt to deport2692millions of people will have repercussions for local economies. After2693all, undocumented immigrants are not just producers, they are also2694consumers. Collectively, they hold $256.8 billion in annual purchasing2695power. If millions of people are deported or otherwise forced to leave,2696American businesses will close not just from a lack of workers, but2697also from a lack of customers.2698---------------------------------------------------------------------------2699    \53\ John Weinberg, ``The Great Recession and its Aftermath,''2700Federal Reserve History, November 22, 2013, https://2701www.federalreservehistory.org/essays/great-recession-and-its-aftermath.2702---------------------------------------------------------------------------2703    A large-scale mass deportation campaign will also increase labor2704exploitation during the years in which it is carried out. Unscrupulous2705employers will dangle deportation over any of their workers who dare to2706push back, and will have the full force of the U.S. Government to back2707up their threats.2708                  economic impacts of mass deportation2709    Beyond the direct costs of the largest law enforcement operation in2710history, mass deportation would profoundly damage the U.S. economy. We2711used data from the most recent American Community Survey to estimate2712the economic impacts of deporting the 11 million undocumented people in2713the country as of 2022.2714    First, mass deportations would exacerbate on-going U.S. labor2715shortages.\54\ In 2022, nearly 90% of undocumented immigrants were of2716working age, compared to 61.3% of the U.S.-born population aged between271716 and 64, so undocumented immigrants are more likely to actively2718participate in the labor force. Losing these working-age undocumented2719immigrants would worsen the severe workforce challenges that many2720industries have already been struggling with in the past few years.2721---------------------------------------------------------------------------2722    \54\ See Stephanie Ferguson Melhorn, ``Understanding America's2723Labor Shortage,'' U.S. Chamber of Commerce, November 22, 2024 (``Right2724now, the latest data shows that we have 8 million job openings in the2725U.S. but only 6.8 million unemployed workers.'')2726---------------------------------------------------------------------------2727    The impact of mass deportations would be concentrated in several2728key U.S. industries. The construction and agriculture industries would2729lose at least 1 in 8 workers, while in hospitality, about 1 in 142730workers would be deported due to their undocumented status. Within2731those industries, some trades would be hit harder than others.2732According to the U.S. Department of Agriculture, 42% of farm workers2733are undocumented.\55\ Our own analysis suggests that nearly one-third2734of workers in major construction trades, such as plasterers, roofers,2735and painters, are undocumented. Similarly, 28% of agricultural graders2736and sorters, and a quarter of household cleaners, are undocumented.2737---------------------------------------------------------------------------2738    \55\ U.S. Dep't of Agriculture, ``Farm Labor,'' last updated2739December 6, 2024, https://www.ers.usda.gov/topics/farm-economy/farm-2740labor/#legalstatus.2741---------------------------------------------------------------------------2742    The impact of losing these workers would be devasting. Labor2743shortages in the construction industry are already high, with the2744industry projecting a need to hire an additional 454,000 new workers in27452025 just to keep up with demand.\56\ The construction workforce is2746already looking at the possibility of a ``foreboding exodus of2747experience'' as the median age of construction workers rises;\57\2748deporting an additional 1.5 million workers could destabilize the2749industry, rapidly increasing prices for construction labor and causing2750some construction firms to go under. Not only would the price of new2751houses rise, but so too would the price of maintenance and repair.2752These impacts would be felt not only by homeowners and likely home2753buyers, but also by the U.S. Government, which would be required to2754spend more on any of its own construction projects, more on disaster2755recovery, and more on basic maintenance of any U.S. Government2756property.2757---------------------------------------------------------------------------2758    \56\ Associated Builders and Contractors, ``ABC: 2024 Construction2759Workforce Shortage Tops Half a Million,'' January 31, 2024, https://2760www.abc.org/News-Media/News-Releases/abc-2024-construction-workforce-2761shortage-tops-half-a-million.2762    \57\ Zachary Phillips, ``Construction's age problem: A foreboding2763exodus of experience,'' Construction Dive, May 25, 2023, https://2764www.constructiondive.com/news/construction-labor-retirement-recruiting-2765dei/651184/.2766---------------------------------------------------------------------------2767    As prices rise and businesses falter, Americans would lose jobs. A2768recent study also found that for every 500,000 immigrants removed from2769the labor market due to deportation, U.S.-born workers lose 44,0002770jobs.\58\ Using that metric, deportation of 11 million undocumented2771immigrants could cause a loss of 968,000 jobs held by U.S. citizens.2772---------------------------------------------------------------------------2773    \58\ Chloe East, ``The labor market impact of deportations,''2774Brookings, September 18, 2024, https://www.brookings.edu/articles/the-2775labor-market-impact-of-deportations/.2776---------------------------------------------------------------------------2777    Mass deportation would also reduce the overall size of the U.S.2778economy. Among the deported would be 1 million undocumented immigrant2779entrepreneurs, who generated $27.1 billion in total business income in27802022. Losing the 157,800 undocumented entrepreneurs in neighborhood2781businesses would lead to disruptions to services that have become an2782integral part of community life and provide local jobs for Americans.2783We also find that undocumented immigrant households have a combined2784purchasing power of $256.8 billion. This is money that goes into the2785economy and stimulates broader economic growth. After all, undocumented2786immigrants not only produce goods; they also consume goods, and that2787money goes back into the U.S. economy. Mass deportation would disrupt2788this economic behavior and damage the economy.2789    Mass deportation would also deprive Federal, State, and local2790governments of billions in tax contributions from undocumented2791households. In 2022 alone, undocumented immigrant households paid $46.82792billion in Federal taxes and $29.3 billion in State and local taxes.2793    Yet undocumented immigrants are unable to benefit from many of the2794programs they pay into, including Social Security, Medicare, and2795unemployment insurance. The United States would lose out on key2796contributions undocumented households make to social safety net2797programs annually, including $22.6 billion to Social Security and $5.72798billion to Medicare. As the U.S. population ages, the loss of these2799payments would make it increasingly challenging to keep social safety2800net programs solvent.2801    Beyond broader economic impacts, millions of families would feel2802the pinch caused by deportation. Deporting undocumented immigrants2803would separate 4 million mixed-status families, affecting 8.5 million2804U.S. citizens with undocumented family members (5.1 million of whom are2805U.S. citizen children). Many of those who would be deported are2806breadwinners, and mass deportations would slash the income of their2807households by an average of 62.7% ($51,200 per year). In many cases,2808U.S. citizens may choose to leave as well to remain with a loved one2809who was being deported, which would make the economic impact even2810worse.2811    Taken together, we calculate that mass deportation would lead to a2812loss of 4.2% to 6.8% of annual U.S. GDP, or $1.1 trillion to $1.72813trillion in 2022 dollars. In comparison, the U.S. GDP shrunk by 4.3%2814during the Great Recession between 2007 and 2009. The negative impact2815would be the most significant in California, Texas, and Florida, the 32816States that were home to 47.2% of the country's undocumented immigrants2817in 2022 and where 1 in every 20 residents would be deported.2818                               conclusion2819    President Trump's actions in his first months show that he has2820taken the first steps to go down the path of mass deportations. If we2821continue in that direction the entire country will suffer. Millions of2822mixed-status families will be torn apart or forced to leave, and2823millions of people will be kicked out of their jobs and the lives2824they've made here for decades. In the wake of their removal, the2825economy will shrink. Prices will rise across most sectors, and may2826increase the most in construction, agriculture, and hospitality. As2827inflation rises and the economy shrinks, businesses will go under,2828workers will lose their jobs, and we will become poorer both as a2829Nation and as individuals. We would also leave a permanent stain on2830this country's legacy and undermine our credibility around the world.2831Who would ever trust the United States to talk about human rights if we2832forcibly evict millions of people at the point of a gun?2833    By contrast, if Congress passes a path to permanent legal status,2834we can benefit as a Nation. Bringing millions of people out of the2835shadows will allow them to obtain stability, fight against2836exploitation, and contribute even more to this country. Rather than2837self-sabotage, we should follow the proud tradition of this Nation and2838give people a real chance to come into compliance with the law rather2839than bring down the hammer.28402841    Mr. Guest. To all of our witnesses, thank you for2842summarizing your opening statements.2843    Members will be recognized by order of seniority for their28445 minutes of questioning. An additional round of questioning2845may be called after all Members have been recognized.2846    I now recognize myself for 5 minutes of questioning.2847    Ms. Ries, when I grew up, history was one of my favorite2848subjects in school. I had a teacher in high school who would2849often use these words. He would say, those who don't know2850history are doomed to repeat it. I feel that as we as a2851Congress move forward as a body to try to encapsulate what the2852Trump administration is doing, that it is important that we2853also look back.2854    I think you did a great job in your opening statement,2855kind-of talking about many of the actions that you described of2856the prior administration that you said unleashed an open border2857agenda. You mentioned the stopping of the construction of the2858border wall, the ending of Remain in Mexico, the mass parole by2859the use of the CBP One app. You talk about NGO's and how the2860prior administration built an infrastructure that facilitated2861illegal immigration.2862    So I would ask if, just for a moment, if you would talk2863about these policies and the other failed policies of the2864administration and the impact that it has had on all law-2865abiding American citizens.2866    Ms. Ries. Yes. Thank you. I'd say the Biden administration2867used a few particular tools to carry this out. I talked a2868little bit about asylum, asylum fraud, encouraging people to2869come here and apply for asylum, even though we knew that so2870many people aren't ultimately eligible for it, as well as2871parole. Parole is something that is in the immigration statute,2872but pre- the Biden administration, it was very rarely used. The2873point of it is if someone doesn't have time to go through the2874visa process or the refugee program, but needs to come here2875temporarily on a case-by-case basis for urgent humanitarian2876need or in the significant public interest. The classic example2877is someone coming from surgery who doesn't have time to get a2878visa. For that reason, I believe that is why Congress did not2879authorize work authorization for parole and yet Secretary2880Mayorkas granted work authorization for the parolees.2881    We talked about the use of the NGO's, truly an arm of the2882Government, to carry this out. DOGE has revealed the billions2883of dollars that have gone out through various departments to2884execute this.2885    Mr. Guest. Ms. Ries, let me ask you, did the combination of2886the policies of the Biden administration, did it make America2887more safe or less safe?2888    Ms. Ries. Less safe.2889    Mr. Guest. Mr. Anfinsen, I want to ask you a couple2890questions. First, thank you for your service. I had a chance to2891visit with you a few minutes before the hearing. You actually2892shared with me a story that in the sector that you are assigned2893to, Del Rio, that back in September 2021, that there were2894actually, on one given day in a single sector, there were289515,000 encounters that day, more than the entire month of2896February along the entire Southwest Border. We've seen with the2897policies implemented by the Trump administration, just over289811,000 total encounters on the Southwest Border. You were2899telling me that you had 15,000 encounters on a given day just2900in a single sector along the Southwest Border. Is that correct?2901    Mr. Anfinsen. That's correct. We had what's been deemed the2902Haitian migrant crisis in Del Rio. Essentially, almost 30,0002903people crossed over the span of about a week and a half. The2904high-water mark for 1 day was about 15,000 people below the Del2905Rio port of entry and in the brush to the left and right of it.2906So it was this--we've never seen anything like that before.2907    Mr. Guest. Let me ask you about current morale. There was a2908statement issued in one of the opening statements, and I don't2909recall by Mr. Correa or Mr. Thompson, that the morale of the2910Border Patrol agents was low. How would you contrast the morale2911of the Border Patrol agents today versus the morale under the2912Biden administration?2913    Mr. Anfinsen. Complete 100-degree--180-degree change. We're2914able to do our job again. That's the--we want to work. With2915all--there's a lot of people bashing Federal employees these2916days. We want to work. It's a very difficult job and we want to2917be out there, and we're finally able to do it.2918    Mr. Guest. One final question, and I will ask each of the2919witnesses just to answer yes or no, because my time is quickly2920expiring. It has been reported that there are roughly 1.52921million individuals who have final orders of removal that are2922currently at large within the United States. So that means that2923they have been through the process, their claims have been2924denied, and that a magistrate or a judge has issued a final2925order of removal for those individuals.2926    So my question is, should we be enforcing those orders of2927removal? Ms. Ries.2928    Ms. Ries. Yes.2929    Mr. Guest. Mr. Blair.2930    Mr. Blair. Yes, sir.2931    Mr. Guest. Mr. Anfinsen.2932    Mr. Anfinsen. Yes, sir.2933    Mr. Guest. Mr. Reichlin-Melnick.2934    Mr. Reichlin-Melnick. It depends on the individual2935circumstances.2936    Mr. Guest. So if a judge orders a person to be removed, we2937should not enforce the judge's order. Is that your testimony?2938    Mr. Reichlin-Melnick. Many of those orders were issued in2939absentia against people who did not receive Government notice.2940In fact, 20 percent of in absentia orders are later2941successfully overturned. So I think each individual case is2942different.2943    Mr. Guest. All right. So I am going to take that as a no.2944    Well, with that, I will now recognize Mr. Correa for his 52945minutes of questioning.2946    Mr. Correa. Thank you, Mr. Chairman. I do hope we have2947additional opportunity to delve into these issues.2948    Mr. Anfinsen, I had the opportunity to travel from Texas to2949California to visit most of the ports of entry and areas2950between ports of entry. Talk to a lot of your agents. Most of2951the employees right now at the border, green and blue uniforms,2952came on board after 9/11. So you're right, we've got a massive2953wave of retirements coming any day now. Low morale? Pay. You2954pay a person at San Ysidro the same that you pay somebody in2955New Mexico. Mandatory overtime? Do we have mandatory overtime?2956    Mr. Anfinsen. That's correct.2957    Mr. Correa. So you got an agent who's got to go home and2958take care of the kids, a single parent, what does he say when2959he's popped with a 16-hour turn?2960    Mr. Anfinsen. Sorry at best.2961    Mr. Correa. How does that help morale?2962    Mr. Anfinsen. That's right.2963    Mr. Correa. OK. Suicides, absolutely. I hope, Mr. Chairman,2964moving forward, let's look at these issues. That's bread-and-2965butter stuff.2966    Recruitment. The reason you can't bring in more people is2967because of the security background check. It's tougher than2968even the FBI's background check. These are the issues we got to2969look at that we've been talking about for years now.2970    Now, Mr. Blair, you talked about the narcos.2971    Mr. Blair. Yes, sir.2972    Mr. Correa. You're absolutely right. Very powerful. In2973Mexico, people are scared to death to walk on those streets.2974Who finances those narcos?2975    Mr. Blair. They finance themselves through their illicit2976commodities.2977    Mr. Correa. The sale of drugs to our taxpayers, our2978constituents. Those American dollars are going to Mexico to2979finance the narcos. Is that correct, yes or no?2980    Mr. Blair. Yes, sir. We are one of their largest----2981    Mr. Correa. So you are witnessing right now the biggest2982transfer of wealth in recent history. American consumers2983financing narcos that are killing people in other countries.2984Yes, no?2985    Mr. Blair. Yes, as well as all the other 65----2986    Mr. Correa. Thank you very much. Love to talk to you a bit2987more, but I got a couple of minutes left. Maybe one of my2988colleagues here can indulge a little bit more.2989    But Mr. Reichlin-Melnick, let's talk about that a little2990bit. Trump administration pulling thousands of agents to the2991border, pulling FBI, DEA, ATF from investigating child abuses,2992sex traffickers, gangs, drugs. If you want to go after these2993issues, wouldn't you go after the pocketbook? Wouldn't you go2994after and investigate where these dollars are flowing, where2995they're coming from?2996    Mr. Reichlin-Melnick. I think so, yes.2997    Mr. Correa. So how does this shift in personnel help the2998situation or not?2999    Mr. Reichlin-Melnick. I don't think it does. I think3000trained law enforcement that are focusing on very serious3001crimes like child sexual exploitation should stay on the job3002doing those jobs.3003    Mr. Correa. I mean, if you want to punch a drug cartel, you3004want to go after their pocketbook. Correct?3005    Mr. Reichlin-Melnick. Correct.3006    Mr. Correa. So when you pull somebody from ATF, DEA, FBI,3007from that investigation, what are we doing?3008    Mr. Reichlin-Melnick. I don't see how that helps.3009    Mr. Correa. Let me come back to the issue of deporting3010individuals that don't have a criminal record. I am from3011California. We are the land of the nuts and fruits many say. We3012are also the fifth largest economy in the world. We are also3013the biggest ag State in the United States, account for 603014percent of the Nation's venture capital. We have more3015inventions, Silicon Valley. We have been able to fix our human3016resource, our work force issues by integrating documented and3017undocumented workers. Most of workers in the fields are3018probably undocumented. Is that good or bad for economy, for3019lowering the prices of food?3020    Mr. Reichlin-Melnick. Yes. Certainly undocumented workers3021contribute significantly to the United States. Many of them are3022taxpayers. About half of undocumented immigrants pay taxes as3023well, putting billions of dollars into local economies.3024    Mr. Correa. A lot of them pay into the Social Security3025system; will never see a dime off that system.3026    Mr. Chairman, I have got half a minute left here, but I3027would love to delve with you into these issues. Nobody, nobody3028wants a murder or rapists in our neighborhoods because by the3029time they are actually reported to the police, they ravage3030through our ethnic communities first. We don't want that to3031happen. At the same time, we recognize the fact that we have a3032work force shortage in this country and that we need legal3033pathways to work in this country.3034    Look forward, Mr. Chairman, to addressing the real issues.3035By the way, we didn't even talk about the fact that a lot of3036these crossings, illegal crossings, undocumented crossings at3037the border are also a result of COVID. That's another issue.3038    Mr. Chairman, thank you for indulging me. If I can, before3039I give you the mic, I would like to submit for the record, I3040would like to ask for unanimous consent to submit an article3041from Reuters dated March 22 of this year entitled, ``Thousands3042of Agents Diverted to Trump Immigration Crackdown,'' that3043describes how special agents from HSI, FBI, ATF have been3044forced to put their investigations on hold in order to do3045immigration enforcement. Mr. Chairman.3046    Mr. Guest. Without objection, it will be admitted into the3047record.3048    [The information follows:]3049           Article Submitted by Ranking Member J. Luis Correa3050  the wider image: inside trump's immigration crackdown as net widens3051            Exclusive: Thousands of agents diverted to Trump3052                    immigration crackdown3053By Brad Heath, Joshua Schneyer, Marisa Taylor, Sarah N. Lynch, and Mike3054        Spector3055March 22, 2025 6:16 AM EDT Updated 4 days ago3056                                Summary3057   Federal agents diverted from crime-fighting to immigration3058        enforcement3059   Critics argue crackdown diverts resources from other crimes,3060        making America less safe3061   Trump administration defends shift, citing immigration as a3062        national security threat30633064    WASHINGTON, March 22 (Reuters).--Federal agents who usually hunt3065down child abusers are now cracking down on immigrants who live in the3066U.S. illegally.3067    Homeland Security investigators who specialize in money laundering3068are raiding restaurants and other small businesses looking for3069immigrants who aren't authorized to work.3070    Agents who pursue drug traffickers and tax fraud are being3071reassigned to enforce immigration law.3072    As U.S. President Donald Trump pledges to deport ``millions and3073millions'' of ``criminal aliens,'' thousands of Federal law enforcement3074officials from multiple agencies are being enlisted to take on new work3075as immigration enforcers, pulling crime-fighting resources away on3076other areas--from drug trafficking and terrorism to sexual abuse and3077fraud.3078    This account of Trump's push to reorganize Federal law3079enforcement--the most significant since the September 11, 2001,3080terrorist attacks--is based on interviews with more than 20 current and3081former Federal agents, attorneys and other Federal officials. Most had3082first-hand knowledge of the changes. Nearly all spoke on the condition3083of anonymity because they were not authorized to discuss their work.3084    ``I do not recall ever seeing this wide a spectrum of Federal3085Government resources all being turned toward immigration enforcement,''3086said Theresa Cardinal Brown, a former Homeland Security official who3087has served in both Republican and Democratic administrations. ``When3088you're telling agencies to stop what you've been doing and do this now,3089whatever else they were doing takes a back seat.''3090    In response to questions from Reuters, Homeland Security Assistant3091Secretary Tricia McLaughlin said the U.S. Government is ``mobilizing3092Federal and State law enforcement to find, arrest, and deport illegal3093aliens.'' The Federal Bureau of Investigation declined to respond to3094questions about its staffing. In a statement, the FBI said it is3095``protecting the U.S. from many threats.'' The White House did not3096respond to requests for comment.3097    The Trump administration has offered no comprehensive accounting of3098the revamp. But it echoes the aftermath of the 2001 attacks, when3099Congress created the Department of Homeland Security that pulled3100together 169,000 Federal employees from other agencies and refocused3101the FBI on battling terrorism.3102    Trump's hardline approach to deporting immigrants has intensified3103America's already-stark partisan divide. The U.S. Senate's No. 23104Democrat, Dick Durbin, described the crackdown as a ``wasteful,3105misguided diversion of resources.'' In a statement to Reuters, he said3106it was ``making America less safe'' by drawing agents and officials3107away from fighting corporate fraud, terrorism, child sexual3108exploitation and other crimes.3109    U.S. Deputy Attorney General Todd Blanche, in an interview with3110Reuters, denied the changes across Federal law enforcement were3111hindering other important criminal investigations. ``I completely3112reject the idea that because we're prioritizing immigration that we are3113not simultaneously full-force going after violent crime.''3114    He said the crackdown was warranted. ``President Trump views what3115has happened over the last couple years truly as an invasion, so that's3116how we're trying to remedy that.''3117    On January 20, his first day back in office, Trump signed an3118executive order directing Federal agencies to team up to fight ``an3119invasion'' of illegal immigrants. He cast the nation's estimated 113120million immigrants in the U.S. illegally as the driving factor behind3121crime, gang violence and drug trafficking--assertions not supported by3122government statistics--and accused immigrants of draining U.S.3123Government resources and depriving citizens of jobs.3124    Almost immediately, Federal law enforcement started posting photos3125of the crackdown to social media: agents wore body armor and jackets3126emblazoned with names of multiple agencies--including the FBI, Drug3127Enforcement Administration, and the Bureau of Alcohol, Tobacco,3128Firearms and Explosives, known as ATF--during raids on immigrants3129without proper legal status.3130    Before this year, ATF had played almost no role in immigration3131enforcement. It typically investigated firearms offenses, bombings,3132arson and illicit shipments of alcohol and tobacco.3133    But since Trump's inauguration, about 80 percent of its roughly31342,500 agents have been ordered to take on at least some immigration3135enforcement tasks, two officials familiar with ATF's operations said.3136The ATF agents are being used largely as ``fugitive hunters'' to find3137migrants living in the U.S. illegally, one of the officials said.3138    The DEA, whose roughly 10,000 staff have led the nation's efforts3139to battle drug cartels, has shifted about a quarter of its work to3140immigration operations, said a former official briefed by current DEA3141leaders on the changes. Two other former officials described the3142commitment as ``substantial'' but did not know precisely how much work3143shifted.3144    Many of the reassigned Federal officials have had little training3145or experience in immigration law, the sources said. The State3146Department's 2,500 Security Service agents, for instance, typically3147protect diplomats and root out visa and passport fraud. They've been3148authorized to assist with ``investigating, determining the location of,3149and apprehending, any alien'' in the U.S. unlawfully, according to a3150February 18 memo from DHS Secretary Kristi Noem to the U.S. Secretary3151of State.3152    The ATF and the State Department acknowledged in a statement they3153are helping with immigration enforcement, but declined to elaborate on3154specific staffing decisions.3155    The changes coincide with extraordinary immigration measures that3156have prompted dozens of lawsuits claiming that Trump's presidency is3157exceeding constitutional limits and other legal boundaries. These3158include deporting alleged members of a Venezuelan gang under an 18th-3159century wartime powers act and detaining a Columbia University student3160activist with legal permanent residency status over his role in pro-3161Palestinian protests.3162    The White House has said it is acting within the limits of the3163Constitution and that it was protecting the safety and jobs of U.S.3164citizens.3165    The results, so far, are mixed: the number of migrants seeking to3166cross the southern U.S. border in February was the lowest in decades3167and the number of people detained over immigration violations has3168surged. That hasn't yet led to an increase in deportations, but experts3169expect a jump in those numbers in coming months.3170``STOP AND FRISK''3171    The focus on immigration is drawing significant resources away from3172other crime-fighting departments, according to the more than 20 sources3173who spoke to Reuters.3174    Until January, pursuing immigrants living in the country illegally3175was largely the job of just two agencies: Immigration and Customs3176Enforcement, or ICE, and Customs and Border Protection, with a combined3177staff of 80,000. Other departments spent little time on deportations.3178    That's changing.3179    At Homeland Security Investigations, the top investigative arm of3180the Department of Homeland Security, scores of agents who specialize in3181child sexual exploitation have been reassigned to immigration3182enforcement, said Matthew Allen, a former senior HSI official who now3183leads the Association of Customs and HSI Special Agents, whose members3184include about 1,000 current and former agents.3185    Over the past 2 years, those HSI agents have helped more than 3,0003186child victims, often after complex probes, DHS data shows. ``There's a3187good argument that these changes will lead to some child victims3188continuing to be exploited,'' said Allen.3189    While HSI falls under the control of Immigration and Customs3190Enforcement, its team of 7,100 special agents typically play little3191part in routine immigration enforcement. They usually probe national3192security threats, terrorism, drug smuggling, human trafficking, illegal3193arms exports, financial crimes, child sex crimes and intellectual3194property theft. Immigration enforcement has been left to another ICE3195branch known as Enforcement and Removal Operations.3196    But on January 31, HSI staff received an internal email from a top3197official with a new mission of ``protecting the American people against3198invasion.''3199    Going forward, the memo said, HSI special agents and other3200employees should be prepared to play an increasingly critical role in3201detaining and deporting immigrants, or barring their entry at U.S.3202borders.3203    Recently, HSI has been offering training to employees unfamiliar3204with immigration enforcement. This includes how to lure immigrants out3205of their homes for interrogation in so-called ``knock and talk''3206visits, conduct stop and frisk operations, or carry out warrantless3207arrests, according to previously unreported internal documents shared3208with Reuters.3209    HSI's new work also includes checking if companies have hired3210unauthorized immigrants, surveillance outside of immigrant workers'3211homes, taking down license plates and distributing photos of ``target''3212immigrants to detain, according to an employee and photos of the3213operations shared with Reuters.3214    At the IRS, criminal investigation agents, who typically probe a3215variety of tax and financial crimes, were being redirected into the3216immigration operations, Reuters previously reported.3217    IRS special agents are usually ``out there following complex money3218trails; they break up drug deals, and they make people pay the taxes3219they owe,'' said Elaine Maag, a senior fellow at the Urban-Brookings3220Tax Policy Center, a Washington think tank that studies tax issues.3221``There are direct and indirect costs to pulling IRS criminal3222investigators out of the field.''3223    The IRS did not respond to a request for comment.3224PROSECUTION WORK PILING UP3225    On the second day of Trump's administration, a top Justice3226Department official, Emil Bove, told Federal prosecutors in a memo that3227they should ``take all steps necessary'' to prosecute illegal3228immigrants for crimes in the U.S.3229    In the memo, Bove called for increasing the number of immigration3230prosecutions, and said any cases that are declined must be urgently3231reported to the Justice Department.3232    As a result, Federal prosecutors, who typically handle a variety of3233crimes, have been inundated with immigration cases, two of the sources3234said.3235    In San Diego, the number of people charged in Federal court in3236February with felony immigration crimes more than quadrupled compared3237to the previous year, a Reuters examination of Federal court records3238found. The number of people charged with felony drug crimes dropped3239slightly over the same period.3240    In Detroit--where immigration prosecutions have been rare--the3241number of people charged with immigration offenses rose from two in3242February 2024 to 19 last month, Reuters found.3243    Case management records from the Justice Department show that fewer3244than 1 percent of cases brought to prosecutors by the DEA and ATF over3245the past decade involved allegations that someone had violated an3246immigration law.3247    Since January, however, DEA agents have been ordered to reopen3248cases, involving arrests up to 5 years old, where prosecutors had3249declined to bring charges, two people involved in the work said.3250    Sometimes prosecutors rejected those cases because of problems with3251the evidence, they said. Now, if immigration authorities determine that3252the people were in the country illegally at the time of that case,3253agents are being dispatched to arrest them, the people said.3254    As Trump and billionaire Elon Musk slash the size of the Federal3255bureaucracy, jobs that deal with immigration enforcement appear largely3256exempt.3257    In a January 31 email to ICE employees, a human resources official3258told them they wouldn't be eligible for the retirement buyouts offered3259to some 2.3 million Federal workers. ``All ICE positions are3260excluded,'' said the previously unreported email, shared with Reuters.3261    Joshua Schneyer and Mike Spector reported from New York. Additional3262reporting by John Shiffman, Ned Parker, Kristina Cooke and Ted Hesson.3263Editing by Jason Szep.32643265    The Chair now recognizes the gentleman from the great State3266of Texas, Mr. Gonzales, for 5 minutes.3267    Mr. Gonzales. Thank you, Chairman Guest, appreciate your3268leadership on this. Thank you, everybody, for testifying before3269us. It is good to see you, Jon. I didn't even know you owned a3270suit. It is great to see you up here and not in the field.3271    You know, I represent two-thirds of the Texas-Mexico3272border. A lot of the places that people talk about, we live it.3273Del Rio with the Haitians under the bridge, we lived that.3274Eagle Pass, thousands of people, we lived that. When they3275rushed the--when these IAs rushed the bridge in El Paso, also3276in the district. But I want to start with one thing in3277particular that I don't think gets enough coverage, and I want3278to start with Ms. Ries. This is a very simple question. Where3279are the children? There are reports of hundreds of thousands of3280children that are missing, regardless of their legal status.3281Where are the children?3282    Ms. Ries. Well, that's a valid question because 550,0003283came in unaccompanied during the last administration. HHS was3284so overwhelmed, treated them basically like widgets on an3285assembly line, and turned them over to unvetted sponsors. So3286then HHS lost track of so many of them and, unfortunately, some3287were subjected to sex trafficking, child labor, and God knows3288what else. But they need to be found.3289    Mr. Gonzales. I agree with you and I think this is an area3290that the President working with Congress, we are going to have3291to work really hard to find these children. No one else is3292going to advocate for them.3293    I saw during the last administration as their policies were3294eroded where they would at one time would vet everyone in the3295household before they would turn a child over to now they were3296just turning children over as quickly as they possibly could3297just because of the sheer numbers. I think that is an area that3298we absolutely need to focus on. I am sure you are going to3299gain, you are going to have that level of support for from this3300committee.3301    My next question is to Mr. Blair. How can the President,3302how can President Trump and Congress best tackle rounding up3303and deporting the hundreds of thousands of convicted criminal3304illegal aliens loose in our country?3305    Mr. Blair. Thank you, sir. That's a great question. The3306best way to do so is working as a multijurisdictional,3307multiagency plan through your local, State, and county law3308enforcement. It's those law enforcement agents or officers that3309are in the communities, they know the communities, they know3310the criminality or the criminal elements within their3311communities. So the only way that President Trump and also Tom3312Homan are going to be able to go after all those hundreds of3313thousands that are currently on the non disclosed docket for3314ICE that have criminal records is by going through a3315multiagency multijurisdictional plan led by the Federal3316Government. The Federal Government is just not big enough.3317Federal agencies are not large enough. So they're going to have3318to go through that all the way down to the local level.3319    Mr. Gonzales. Spot on. I couldn't agree with you more. Last3320year I sent a letter to ICE asking how many convicted criminal3321illegal aliens are in our country. One, I was shocked I got a3322response back. But even more shocking was the fact that it was3323662,000. That is a large number. To your point, the only way3324we're going to accomplish this is if we all are in the same3325boat, paddling in the same direction. Local, State, Federal,3326all coming together.3327    I just held a roundtable last week in San Antonio with3328that, with my sheriffs, with my police chiefs. We had FBI3329there, we had HSI, we had DEA. We had all these different3330partnerships. You have already seen some of the successes that3331President Trump has been able to and his administration has3332been able to accomplish in Houston and throughout the country.3333But to your point, I think you are spot on, we have to do more.3334The only way we do this is if we all pool our resources3335together to get these--once again, I am not talking about3336somebody that is here waiting their court case. I am talking3337someone that is a convicted criminal illegal alien to the tune3338of 600,000.3339    My next question is to you, Jon. It is pretty simple. I3340mean, you are on the ground, you are in the field. What is the3341pulse of the Border Patrol agents on the ground after President3342Trump has initiated these policy changes?3343    Mr. Anfinsen. Well, they're doing the job that they were3344trained to do, so obviously they're happy about that. There are3345a lot of different policies that are being challenged in court.3346So we're where day-to-day, things are changing in terms of what3347rules are supposed to be followed. So that's been a little3348confusing. But ultimately, they're glad to be back to work,3349doing the job that we were doing, at least during the first3350Trump administration. So it's completely different than what it3351was in the last 4 years.3352    Mr. Gonzales. Yes, I agree with you. I mean, I have been3353at, since the President has taken office, I have been at the3354border 6 different times, various different sectors. I have 43355different Border Patrol sectors. It is a breath of fresh air on3356the ground.3357    One thing that I would add, though, I am seeing a lot of3358agents, new agents that have been in the force less than 43359years that really don't know what their job is supposed to be.3360So I think a large part of it is how do we train our agents to3361get back to doing the jobs that they need to do?3362    Thank you, everybody, again, and thank you, Chairman, for3363this hearing.3364    Mr. Guest. Thank you.3365    I now recognize the gentlelady from Illinois, Mrs. Ramirez,3366for her 5 minutes of questioning.3367    Mrs. Ramirez. Thank you, Chairman.3368    We spend a lot of time in this committee, subcommittee,3369obviously, it is the border subcommittee, but the entire full3370committee talking about the border. But I really think that for3371us to understand the border, we also have to understand history3372and context. Two things incompatible with Trump's3373administration of authoritarianism, white supremacism, and this3374white man's good old days. So I want to spend some time doing a3375little bit of history here.3376    Let's consider Cuba, Haiti, Nicaragua, and Venezuela. Why3377do these countries get humanitarian parole? Because each face a3378humanitarian crisis. High numbers of asylum seekers cross the3379border, fleeing political, social, and economic instability3380that the United States played a role in creating. But last3381week, the Trump administration announced that individuals from3382Cuba, from Haiti, from Nicaragua, and Venezuela must leave the3383United States in the next month, not because the humanitarian3384crisis has passed, but because this administration is committed3385to an authoritarian agenda and consequences be damned.3386    So let's clear some things together here. Mr. Reichlin-3387Melnick, I want to ask you a couple of yes-or-no questions.3388First, let me start with, were any taxpayer funds used to bring3389these migrants into the United States?3390    Mr. Reichlin-Melnick. Absolutely not.3391    Mrs. Ramirez. Thank you. Can you explain how many people3392may lose their legal status under the Trump administration?3393    Mr. Reichlin-Melnick. You know, when just the CHNV parole3394program, which the administration announced would be terminated3395earlier last week, we're looking at hundreds of thousands of3396people. So far with temporary protected status, 800,0003397combined with another 300,000 likely in the fall.3398    Mrs. Ramirez. Very briefly, what types of jobs are people3399in the CHNV program and temporary protective status filling in3400our communities?3401    Mr. Reichlin-Melnick. They're filling all kinds of jobs in3402communities like Springfield, Ohio, where they were helping3403rebuild the manufacturing base, and in places like Florida and3404Texas and California, they're working legally. They're filling3405jobs that are open to any person in the country who's able to3406work legally. Without them, the economy will suffer.3407    Mrs. Ramirez. Thank you for your response. I want to talk3408about Guantanamo Bay. Mr. Melnick, let's just be clear again,3409yes or no, did detaining migrants of Guantanamo Bay improve our3410border security?3411    Mr. Reichlin-Melnick. Absolutely not.3412    Mrs. Ramirez. Yes or no, to your knowledge, did they send3413only criminals to Guantanamo?3414    Mr. Reichlin-Melnick. No.3415    Mrs. Ramirez. Yes or no, does the administration have the3416ability to hold the quote, ``worst of the worst'' here in the3417United States?3418    Mr. Reichlin-Melnick. Absolutely they do.3419    Mrs. Ramirez. Yes or no, did they need Guantanamo to3420achieve that end?3421    Mr. Reichlin-Melnick. They did not.3422    Mrs. Ramirez. Quickly, what other problems did you see with3423this administration's use of Guantanamo Bay?3424    Mr. Reichlin-Melnick. Beyond there was the treatment of3425people at those facilities, in facilities that were--clearly3426did not meet ICE standards, where people were held in solitary3427confinement, even people, again, with no criminal record. It3428was also extraordinarily expensive.3429    Mrs. Ramirez. So I want to talk now about El Salvador.3430President Trump recently invoked the Alien Enemies Act. The3431last time this law was used was during a dark period in3432American history. Some of us just talked about, if we don't3433know history, we are damned to repeat it again. It was used to3434detain more than 100,000 Japanese Americans being in3435intermittent camps following the attack on Pearl Harbor. Trump3436has invoked it to target the Tren de Aragua gang, he says, and3437recently deported more than 100 individuals they allege are3438connected to the scene. These individuals were disappeared to a3439mega prison in El Salvador.3440    Mr. Reichlin-Melnick, can you explain some of the problems3441with President Trump's use of the Alien Enemies Act?3442    Mr. Reichlin-Melnick. The No. 1 problem is the lack of due3443process. The administration is asserting an unprecedented3444authority to point at any person and say, you're a member of3445Tren de Aragua. You don't get any right to say that you're not.3446We're going to stick you on a plane. We don't even have to tell3447you first. At a court hearing yesterday, the Department of3448Justice said people do not even have a right to be told they're3449going to be subject to this law before they're put on a plane.3450    Mrs. Ramirez. That is right. Do we know who some of the3451individuals sent to El Salvador are?3452    Mr. Reichlin-Melnick. We do. We know that many of them3453allege that they are not members of the gang, including Andry,3454a Venezuelan gay barber who is seeking asylum, a makeup artist,3455who has said repeatedly he has been sent there by mistake.3456    Mrs. Ramirez. Has the Trump administration provided any3457evidence of gang ties?3458    Mr. Reichlin-Melnick. None whatsoever.3459    Mrs. Ramirez. So let me ask you this last question. Why3460should American citizens, permanent residents, law-abiding3461legal immigrants, fear President Trump's invocation of the3462Alien Enemies Act?3463    Mr. Reichlin-Melnick. This country was founded on the rule3464of law, on the idea that no person could be held to account by3465the Government without an opportunity to understand the charges3466brought against them and an opportunity to respond. That is not3467happening here.3468    Mrs. Ramirez. That is right. I will say history does, in3469fact, repeat itself. Some of the worst parts of our past3470started with eroding people's right in making them the enemy.3471We can't let this administration continue to criminalize3472immigrants in order to be able to criminalize any dissent,3473which is exactly why I think Secretary Noem needs to come3474before this body and answer questions. I demand that.3475    With that, I yield back.3476    Mr. Guest. Thank you.3477    I now recognize the gentleman from Arizona, Mr. Crane, for34785 minutes.3479    Mr. Crane. Thank you, Mr. Chairman, for holding this3480hearing today. I want to thank you all for joining us on this3481important subcommittee hearing. I only have 5 minutes, so I ask3482you to please keep your answers brief. I also have a service of3483unanimous consent requests that I will be entering into the3484record after my questioning.3485    Mr. Anfinsen, on January 27, 2024, President Biden said a3486new, broader bill would grant him new emergency authority to3487shut down the border when it becomes overwhelmed. Additionally,3488on January 30, 2024, President Biden said when asked about his3489actions on the border, I've done all I can do. Give me the3490Border Patrol. Give me the people who can stop this and make it3491work right.3492    My question to you, sir, did President Biden lie to the3493American people about his actions and authority at the Southern3494Border?3495    Mr. Anfinsen. He claimed there was nothing else he could3496do, and then he did more that summer with the Executive Order.3497So clearly he wasn't telling the truth.3498    Mr. Crane. Thank you. DHS and CBP fall under the Executive3499branch meaning Biden always had the authority. He chose to3500operate the border in the way he did. Would you agree with3501that, sir?3502    Mr. Anfinsen. Yes.3503    Mr. Crane. Mr. Blair, U.S. Customs and Border Protection3504data released February 18, 2025, according to U.S. Customs and3505Border patrol Protection, from January 21 through January 31,35062025, the number of U.S. Border Patrol apprehensions along the3507Southwest Border dropped 85 percent from the same period in35082024. The number of inadmissible aliens encountered by CBP's3509Office of Field Operation at ports of entry along the Southwest3510Border quarter dropped 93 percent in the 11 days after January351120, compared with the 11 days prior. The list goes on and on.3512    My question is, and please answer yes or no, sir, would you3513agree CBP data suggests that President Trump's first 30 days in3514office was more effective at stopping illegal immigration than35154 years of Joe Biden?3516    Mr. Blair. Yes, sir.3517    Mr. Crane. Thank you. Ms. Ries, my question is briefly3518explain what liberal States stand to gain from mass illegal3519immigration and unchecked parole.3520    Ms. Ries. Part of it's head count. They're counted in the3521Census even though noncitizens can't vote and are not supposed3522to vote. Then those numbers are used for districting in3523Congress. Then, in turn, those same numbers are also used for3524the Presidential electoral college votes.3525    Mr. Crane. Would you agree, ma'am, that redistricting is a3526major political outcome for Democrats welcoming migrant3527caravans into their local communities?3528    Ms. Ries. Yes. It gives them more headcount and, therefore,3529more districts.3530    Mr. Crane. Would you agree illegal immigration for3531redistricting is not what the Founders intended under Article3532I, section 2, clause 1 of the Constitution regarding3533Congressional districting?3534    Ms. Ries. I agree.3535    Mr. Crane. I'd like to play a 20-second recording of a3536former Homeland Security Committee Member. Can we go ahead and3537play that?3538    [Audio recording played.]3539    Mr. Crane. Thank you. That was Rep. Yvette Clark, a3540Democrat from New York, from January 8, 2024. Her words3541outlined Biden's failed plans for illegal immigration to gain3542political influence.3543    Ms. Ries, you wrote on this issue for Heritage Foundation3544in February 2024. The article was titled, ``Stop Allowing Non-3545Citizens to Determine Congressional and Presidential3546Representation.'' It was a great piece, and I plan to introduce3547the article into Congressional Record at the conclusion of my 53548minutes.3549    The last thing I want to say to Mr. Reichlin-Melnick is I3550find it interesting as I sit here and listen to you blame3551President Trump and attack President Trump, you know, for3552saying to the American people that he was going to protect the3553American people, he was going to put them first, and he was3554going to implement policies to fix the mess created by the3555Biden administration. I just find it rich that you are3556attacking President Trump for doing exactly what the American3557people wanted, not the individual who caused this problem.3558Sadly, if you guys don't figure this issue out, you are going3559to lose the next election as well.3560    Thank you. I yield back, Mr. Chairman.3561    Mr. Guest. Were you intending to enter something in the3562record?3563    Mr. Crane. Yep, I have got several.3564    Mr. Guest. If you will just give us some brief descriptions3565so that we can do that at this point.3566    Mr. Crane. Yep. So this is an article, ``Biden Promises to3567Shut Down the Border if Given the Authority in a Partisan3568Bill.''3569    Mr. Guest. Without objection, be entered into the record.3570    [The information follows:]3571              Article Submitted by Honorable Elijah Crane3572 biden promises to `shut down' the border if given the authority in a3573                            bipartisan bill3574The president threw his support behind an emerging deal in the Senate3575        that he said would give him ``authority to shut down the border3576        when it becomes overwhelmed.''35773578Jan. 26, 2024, 10:11 PM EST, By Megan Lebowitz, NBC News3579    WASHINGTON.--President Joe Biden on Friday vowed to halt crossings3580at the border when it's ``overwhelmed'' if Congress passes bipartisan3581immigration legislation giving him that authority.3582    In a strongly worded statement, Biden threw his support behind an3583emerging immigration deal in the Senate, one that former President3584Donald Trump is seeking to torpedo since it could hand a legislative3585victory to his likely opponent in November.3586    ``What's been negotiated would--if passed into law--be the toughest3587and fairest set of reforms to secure the border we've ever had in our3588country,'' Biden said Friday night. ``It would give me, as President, a3589new emergency authority to shut down the border when it becomes3590overwhelmed. And if given that authority, I would use it the day I sign3591the bill into law.''3592    Biden, who has recently expressed optimism that a bipartisan deal3593could come soon, reiterated that the border is ``broken'' and argued3594that ``it's long past time to fix it.''3595    ``Securing the border through these negotiations is a win for3596America. For everyone who is demanding tougher border control, this is3597the way to do it,'' he said. ``If you're serious about the border3598crisis, pass a bipartisan bill and I will sign it.''3599    Congressional Republicans, particularly in the House, have said3600they will only accept aid money for Ukraine if it is coupled with3601tougher immigration policies.3602    The Biden administration made a supplemental request last year3603tying border funding to aid for Ukraine and Israel. Senate negotiators3604have recently ramped up talks to strike a deal on those issues, even as3605Trump has encouraged Republicans to reject a bipartisan border deal.3606    Biden's statement on Friday comes as U.S. Customs and Border3607Protection released numbers showing encounters with undocumented3608migrants hit a new record in December by exceeding 300,000--with most3609at the southwest border.3610    According to preliminary government data, the U.S. saw more than a361150 percent decrease in border encounters between ports of entry in the3612nation's Southwest during the first half of January.3613    ``CBP's message for anyone who is thinking of attempting to3614circumvent lawful pathways to enter the United States is simple: don't3615do it,'' said U.S. Customs and Border Protection in a statement. ``When3616noncitizens cross the border unlawfully, they put their lives in3617peril.''3618Megan Lebowitz is a politics reporter for NBC News.3619Julia Ainsley contributed.36203621    Mr. Crane. No. 2, ``Biden Has the Power to End the Border3622Crisis. He Doesn't Want To.''3623    Mr. Guest. Without objection, be entered into the record.3624    [The information follows:]3625                 Article Submitted by Hon. Elijah Crane3626    biden has the power to end the border crisis. he doesn't want to3627theFederalist.com/2024/01/30/biden-has-the-power-to-end-the-border-3628        crisis-without-congress-he-just-doesnt-want-to/3629January 30, 20243630    The White House, corporate media, and even Senate Republicans claim3631Democrats' open-border amnesty bill, which does more to secure Ukraine3632than the U.S., is the only way to successfully curb the influx of more3633than 10 million illegal border crossers. The real power to end the3634record-breaking Southern border crisis, however, lies with President3635Joe Biden, who previously used his executive authority to undo all of3636his predecessor's border safeguards. He simply isn't wielding it.3637    ``Have you done everything you can do with executive authority [on3638the border]?'' a reporter asked the president on the White House lawn3639on Tuesday.3640    ``I've done all I can do. Just give me the power . . . ! Give me3641the border patrol! Give me the people! The judges! Give me the people3642who can stop this and make it work right!'' Biden replied.3643    John Kirby, Biden's coordinator for strategic communications at the3644National Security Council, also denied during a White House press3645briefing on Monday that Biden was``withholding executive action on the3646border until he gets the money'' from the Senate border deal. Shortly3647after, he confirmed the administration's stance, which is that ``the3648proper way forward is to get the supplemental passed.''3649    Democrats' not-so-secret long game is to blame the ongoing border3650crisis on House Republicans who refuse to give in to Senate Minority3651Leader Mitch McConnell's manipulation tactics by passing a bad border3652bill.3653    Republicans like Sen. James Lankford, who was chastised by his3654state's GOP for ``playing fast and loose with Democrats on our border3655policy,'' want you to believe that their negotiations are the only path3656forward. They want you to believe that the administration they swore to3657punish for the border's collapse is making a good-faith effort to fix3658it.3659    But even Trump, who was McConnell's original target for ire, saw3660through the establishment senators' sham.3661    ``They are using this horrific Senate Bill as a way of being able3662to put the BORDER DISASTER onto the shoulders of the Republicans. The3663Democrats BROKE THE BORDER, they should fix it. NO LEGISLATION IS3664NEEDED, IT'S ALREADY THERE!!!'' Trump wrote on Truth Social.3665    During his first hours in the Oval Office on Jan. 20, 2021, Biden3666halted construction on Trump's border wall. The former vice president3667also rescinded the Republican's executive order refusing Federal3668funding to ``sanctuary'' cities harboring illegal migrants, discouraged3669the immediate removal of illegal border crossers who committed crimes,3670and toppled Trump's ``Remain in Mexico'' policy.3671    Biden's day-one proclamations were just the beginning of what would3672become 296 executive actions on immigration and the southern security3673boundary in just his first year. Since then, the Democrat has continued3674to loosen border enforcement by demanding agents avoid making arrests,3675scaling back ICE deportation, and reinstating Obama-era catch-and-3676release.3677    Overall, nearly one-third of Biden's border actions were reversals3678of his predecessor's policies.3679    Biden's pen doesn't simply hold the power to undo our nation's3680defenses. In October 2023, the Democrat waived 26 Federal laws to3681resume construction of the border wall to comply with a 20193682appropriations bill.3683    Unlike Trump, who had to jump through judiciary hoops every time he3684tried to secure the Southern border, Biden could cut off the hundreds3685of thousands of people without a hitch thanks to the administrative3686state's disinterest in opposing its preferred Presidential pawn.3687    The only reason Biden has yet to use his power to secure the border3688(and satiate voters who say illegal immigration is their top concern3689heading into the 2024 election) is because he simply doesn't want to.3690    With one stroke of a pen, our commander-in-chief could authorize3691the return of law and order to our border by shutting it down. With one3692press conference, he could threaten Mexico with steep tariffs for being3693an accomplice to the crisis as Trump did.3694    Instead, Biden is using more time and effort to pump up legislation3695that would codify the crisis and fight a state that wants to defend3696itself against the invasion.3697    Biden never had a change of heart about our national security3698crisis. He never wanted to secure the border. His decision to throw his3699weight behind controversial border legislation instead of exercising3700his executive authority simply means that the bill fits perfectly in3701his deliberate plan to run a borderless nation.3702Jordan Boyd is a staff writer at The Federalist and producer of The3703        Federalist Radio Hour. Her work has also been featured in The3704        Daily Wire, Fox News, and RealClearPolitics. Jordan graduated3705        from Baylor University where she majored in political science3706        and minored in journalism. Follow her on X @jordanboydtx.37073708    Mr. Crane. No. 3, ``CBP Releases January 2025 Monthly3709Update.''3710    Mr. Guest. Without objection, we entered into the record.3711    [The information follows:]3712                 Article Submitted by Hon. Elijah Crane3713                cbp releases january 2025 monthly update3714Release Date Tue, 02/18/20253715    WASHINGTON.--U.S. Customs and Border Protection (CBP) released3716operational statistics today for January 2025. CBP monthly reporting3717can be viewed on CBP's Stats and Summaries webpage.3718    ``The men and women of U.S. Customs and Border Protection are3719aggressively implementing the President's Executive Orders to secure3720our borders. These actions have already resulted in dramatic3721improvements in border security,'' said Pete Flores, Acting3722Commissioner. ``The reduction in illegal aliens attempting to make3723entry into the U.S., compounded by a significant increase in3724repatriations, means that more officers and agents are now able to3725conduct the enforcement duties that make our border more secure and our3726country safer.''3727    Below are key operational statistics for CBP's primary mission3728areas in January 2025. View all CBP statistics online.3729Halting the flow of illegal aliens into the country3730    CBP is no longer catching and releasing illegal aliens into the3731U.S. CBP is leveraging legal authorities to take every reasonable step3732to ensure illegal aliens are placed in detention and expediently3733removed from the country. In simple terms, illegal aliens are being3734arrested, detained and then rapidly removed.3735    From Jan. 21 through Jan. 31, 2025, the number of U.S. Border3736Patrol apprehensions along the southwest border dropped 85 percent from3737the same period in 2024.3738    CBP, with support from the Department of Defense, has dramatically3739increased active patrols of our international borders.3740CBP One and CHNV paroles have ended3741    On Jan. 20, CBP ended use of the CBP One app to schedule3742appointments for inadmissible aliens.3743    CBP also terminated all categorical parole programs and returned to3744a case-by-case review based on criteria established in law.3745    The number of inadmissible aliens encountered by CBP's Office of3746Field Operations at ports of entry along the southwest border dropped374793 percent in the 11 days after Jan. 20 compared with the 11 days3748prior.3749Partnership with the Department of Defense3750    CBP is utilizing a whole-of-government approach that includes the3751support of the Department of Defense (DOD). DOD is a critical partner3752in securing our international borders and making America safe again.3753    The message is clear: do not make the journey, or you will be3754detained and removed.3755Safeguarding Communities by Interdicting Narcotics and Dangerous Drugs3756    As the largest law enforcement agency in the United States, CBP is3757uniquely positioned to detect, identify, and seize illicit drugs like3758fentanyl before they enter our communities.3759    In the last two fiscal years, CBP seized record amounts of3760fentanyl--nearly 50,000 pounds--enough to produce more than 2 billion3761lethal doses. In January 2025, CBP seized 1,029 pounds of fentanyl, and3762methamphetamine seizures increased 15 percent.3763    Additional CBP drug seizure statistics can be found on the Drug3764Seizure Statistics webpage.3765Facilitating Lawful Trade and Travel3766    CBP's enhanced enforcement posture not only makes every American3767safer, but it also saves you time and money. CBP is also the front line3768for facilitating lawful international travel and trade which is a3769critical element of our nation's economic prosperity.3770    The number of travelers arriving by air into the United States3771increased 4.5 percent from January 2024 to January 2025. Passenger3772vehicles and commercial trucks processed at ports of entry each3773increased 2.5 percent over the same period, and the number of3774pedestrians arriving by land at ports of entry increased 0.4 percent.3775    If you plan to travel internationally, you can contribute to3776enhanced efficiencies by utilizing our mobile applications with3777technological enhancements to help speed up the travel process when3778entering the United States via air, land, or sea. These innovative3779improvements include the Global Entry and Mobile Passport Control apps.3780    CBP works diligently with the trade community and port operators to3781ensure that merchandise is cleared efficiently while interdicting3782illicit cargo that is hidden in some shipments. In January 2025, CBP3783processed more than 2.9 million entry summaries valued at more than3784$338 billion, identifying estimated duties of nearly $7.9 billion to be3785collected by the U.S. Government. In January, trade via the ocean3786environment accounted for 35 percent of the total import value,3787followed by air, truck, and rail.3788Protecting Consumers and Eradicating Forced Labor from Supply Chains3789    CBP continues to lead U.S. Government efforts to eliminate goods3790from the supply chain made with forced labor from the Xinjiang Uyghur3791Autonomous Region of China. In January, CBP stopped 1,986 shipments3792valued at more than $13 million for prohibited importation into the3793United States under 19 U.S.C.  1307.3794    CBP also seizes millions of counterfeit products every year worth3795billions of dollars had they been genuine. In January, CBP seized 1,9773796shipments that contained counterfeit goods valued at more than $2913797million.3798External Revenue3799    CBP completed 30 audits in January that identified $71 million in3800duties and fees owed to the U.S. Government, stemming from imported3801goods that had been improperly declared in accordance with U.S. trade3802laws and customs regulations. CBP collected over $703 million of this3803identified revenue and from previous fiscal years' assignments.3804    U.S. Customs and Border Protection (CBP) is America's front line:3805the Nation's largest law enforcement organization and the world's first3806unified border management agency. The 65,000+ men and women of CBP3807protect America on the ground, in the air, and on the seas. We3808facilitate safe, lawful travel and trade and ensure our country's3809economic prosperity. We enhance the Nation's security through3810innovation, intelligence, collaboration, and trust.3811Last Modified: Feb 18, 2025.38123813    Mr. Crane. ``Stop Allowing Noncitizens to Determine3814Congressional and Presidential Representation,'' by Ms. Ries.3815    Mr. Guest. Without objection, being entered into the3816record.3817    [The information follows:]3818                 Article Submitted by Hon. Elijah Crane3819 stop allowing noncitizens to determine congressional and presidential3820                             representation3821Feb 8, 2024, Commentary by Lora Ries @lora_ries, Director, Border3822        Security and Immigration Center; RJ Hauman, Founder and3823        Principal of Stryker Strategies LLC and a Visiting Advisor at3824        The Heritage Foundation3825                             key takeaways3826    Democratic-controlled states have gained congressional seats by3827welcoming and harboring illegal aliens.3828    This warped representation is carried over into the Electoral3829College.3830    Congress must put an end to the electoral influence of a growing3831noncitizen population.3832    The open border has enabled the Left to amass more political power.3833Democratic-controlled states have gained congressional seats by3834welcoming and harboring illegal aliens.3835    As president, Donald Trump tried to halt this wrongdoing by3836ordering the Census to exclude all noncitizens from apportionment. But3837one of President Biden's first acts in office was to reverse this3838policy as he began to open the border to millions of illegal aliens.3839    Barring the Census from including noncitizens in apportionment is3840critical in making sure that American citizens--the only population who3841can and should vote in U.S. elections--are picking America's leaders.3842    Biden's intentional border crisis has produced unprecedented3843apportionment issues, distorting the representation that states have in3844the House, and how many electoral votes they have in Presidential3845elections.3846    border and immigration concerns are deciding elections in europe3847    Congressional and Electoral College apportionment is based on the3848number of residents, as determined by the Census. Currently, Census3849includes illegal aliens and other noncitizens as residents.3850    Consequently, a state can gain extra congressional districts and3851representation in Congress thanks to the presence of a large population3852that isn't legally allowed to vote. Since the number of congressional3853seats is limited to 435, this additional representation comes at the3854expense of other states.3855    This warped representation is carried over into the Electoral3856College, where each state is allocated a number of votes equal to the3857number of senators and representatives in its congressional delegation.3858    In a 2018 lawsuit against the Census Bureau within the Commerce3859Department, then-Rep. Mo Brooks, R-Ala., wrote:38603861``In a state in which a large share of the population cannot vote,3862those who do vote count more than those who live in states where a3863larger share of the population is made up of American citizens.3864Counting large illegal alien populations in the Census appropriates3865voting power from Americans and bestows it on other[s].3866Solving this flawed process is of paramount importance going into an3867        election year.3868    First, excluding noncitizens--tens of millions of whom are illegal3869aliens--from apportionment would help discourage sanctuary policies.3870Sanctuary jurisdictions like California, Illinois and New York have3871welcomed illegal immigrants, at least in part, to keep their3872populations high.3873    During a 2021 hearing about Haitian migrants, Rep. Yvette Clarke,3874D-N.Y., stated that her district ``can absorb a significant number of3875these migrants,'' adding, ``I need more people in my district just for3876redistricting purposes.''3877    These states need to keep their population numbers inflated with3878illegal aliens because Americans citizens are fleeing in droves due to3879their disastrous policies. Making it clear to these states and their3880radical Governors that they won't be able to use illegal aliens to3881``cook their books'' to maintain disproportionate political power (and3882money) will go a long way toward breaking the sanctuary state trend.3883    Second, no longer including noncitizens in apportionment will help3884ensure that only American citizens will shape our political landscape3885and pick future leaders. Letting states include millions of aliens in3886their Census counts is the equivalent of letting foreign countries3887determine the political destiny of the United States, which is3888unacceptable.3889Why Biden's Support Among Hispanics Is Tanking--Here's a Hint: The3890        Border Crisis3891    To address this issue and restore trust in the electoral process,3892Congress should pass legislation to ensure that all future3893apportionment determinations only include American citizens.3894    A Senate bill to do just that was recently unveiled by Sen. Bill3895Hagerty, R-Tenn., and 20 of his colleagues, followed by a House3896companion led by Reps. Chuck Edwards, R-N.C., and Warren Davidson, R-3897Ohio, that is gaining steam. If passed into law, this would likely end3898up before the Supreme Court, but it is on firm legal footing.3899    The Constitution requires the counting of ``persons,'' who the3900Founding Fathers almost certainly assumed to be citizens. Regardless of3901history or tradition, Congress has the plenary authority to define3902``persons'' or otherwise clarify how the Census is to be conducted.3903    To the extent past Federal cases disagree with Congress on this3904point, Congress can effectively overrule case law and define3905``persons'' as citizens and require the counting of only citizens in3906the Census (or the non-counting of noncitizens) for apportionment.3907    U.S. citizenship should mean something and come with rights, such3908as voting in elections, as well as responsibilities, such as obeying3909our laws.3910    Congress must put an end to the electoral influence of a growing3911noncitizen population that is unfairly altering both representation in3912the House and the Electoral College. American citizens should not have3913their voting rights devalued or their Congressional and Presidential3914representation corrupted due to the inclusion of noncitizens in our3915Census.3916This piece originally appeared in Fox News.39173918    Mr. Crane. The last one, ``Brooklyn Congresswoman Wants3919Migrants to Fill Up Her District.''3920    Mr. Guest. Without objection, that will also be entered3921into the record.3922    [The information follows:]3923                 Article Submitted by Hon. Elijah Crane3924     brooklyn congresswoman wants migrants to fill up her district3925independentsentinel.com/brooklyn-congresswoman-wants-migrants-to-fill-3926        up-her-district/3927By M Dowling, January 8, 2024.3928    Brooklyn Congresswoman Clark admitted that she wants more migrants3929in the country to fill up her district [with future voters and for3930redistricting]. I doubt anyone thought bringing in illegal aliens was a3931humanitarian effort. The intention is partly to give Democrats a3932permanent electoral majority. Maybe that's the whole reason. Democrats3933want all the power all the time. We will pay a very heavy price; keep3934reading.3935    ``I'm from Brooklyn, NY,'' Clark said. ``We have a diaspora that3936can absorb a significant number of these migrants, and, you know, when3937I hear colleagues talk about, you know, the doors of the inn being3938closed, no room in the inn, I'm saying, you know, I need more people in3939my district, not just for redistricting purposes, and those members3940could clearly fit here.''3941NY Congresswoman Clarke (D) saying the quiet part out loud about the3942border:3943``I need more people in my district just for redistricting purposes.''3944pic.twitter.com/bbDss7cnls_End Wokeness (@EndWokeness) January 8, 2024.3945    Some of these illegal aliens are committing serious crimes. Many3946come from countries where rape is a daily occurrence.3947    The independent reporter at Viral News NYC reported on X that the3948illegal aliens living in Floyd Bennett Field appear to be stealing3949license plates.3950    He said he had received a call from a source from the Parks3951Department/the NYPD. He showed up at Floyd Bennett Field and found3952multiple cars up in the park with fake license plates, stolen license3953plates, and no plates. He also received reports from NYPD sources that3954migrants were parking cars downtown Manhattan using fake NY templates,3955which legally don't exist. Staten Island residents report that cars3956with fake or stolen plates were caught on multiple cars belonging to3957migrants.3958    How do all these people get cars and motorbikes? Curtis Sliwa said3959they all have knives.3960    They are also big on shoplifting.39613962    Mr. Guest. At this time, the Chair would recognize the3963gentleman from Tennessee, Mr. Ogles, for his 5 minutes of3964questioning.3965    Mr. Ogles. Thank you, Mr. Chairman, and to the witnesses.3966My colleague invoked history and so let's start there.3967    ``Article II, Section 1, the executive power shall be3968vested in a President of the United States. Section 3, the3969President shall take care that the laws be faithfully3970executed.'' The take care clause allows the President to issue3971Directives and Executive Orders. So, as we look at how3972President Trump is addressing the issue of illegal immigration,3973whether or not he chooses to grant or deny humanitarian parole3974or amnesty or, you know, sanctuary is his prerogative per the3975Constitution.3976    Staying on the idea of history for a moment, let's not3977forget all of those folks that entered in this country did so3978illegally. That is their first act is an illegal act. It should3979also be noted. If there is one takeaway from my questions or3980testimony in this committee is that they should be deported.3981There should be no pathway. There should be no amnesty.3982    This is our country. We get to decide who comes in and we3983get to decide who leaves. It's that simple.3984    If my friend and colleague from Arizona and I want to3985travel overseas, we would have to do so on a visa. We would3986have to do so legally. If we entered a country, whether it is3987in the Middle East or Europe, illegally, they would kick our3988butts out. I don't think anyone can deny that fact.3989    You know, we try to hold ourselves to some higher standard3990and we point to other issues or complaints about, well, it is3991stressing the FBI or it is stressing the, you know, the long3992laundry list of moaning and groaning. We are forgetting the3993very fact that they entered this country illegally. If we3994choose to send their butts home again, pardon me for saying3995that, I have children, that is our prerogative. It is just our3996prerogative.3997    You mentioned, ma'am, in your article, what I would say a3998very diabolical motivation for why the Biden administration so3999carelessly, recklessly allowed our country to be invaded. That4000was the Presidential election and the next Census. Because, you4001see, in the blue States that are having population flight are4002disproportionately being flooded. You see in the future, in the4003next Census where States like Tennessee, my home State, Ohio,4004the Carolinas, Florida, maybe Texas, will pick up additional4005House seats that will forever change the House of4006Representatives to be, quite frankly, Republican. The4007Democratic Party, I believe, and this is my opinion, flooded4008our country to try to stem the inevitable, that this country is4009sick and tired of the woke nonsense and the invasion that is4010taking place under their watch.4011    You have blue mayors, Democratic mayors in blue cities4012under the Biden administration that were screaming for4013assistance. Please stop. We can't take anymore.4014    I went to the border under the Biden administration. I4015traveled to Tucson, I went south at the border and I went to a4016section, it wasn't controlled by the U.S. Government, but4017rather the cartel. While we were there, in this very remote4018area on one of the hottest days of the summer, over 100 people4019turned themselves into myself and the special operators that we4020went down with, I went down with. Went down unannounced, by the4021way. Before Border Patrol would come and pick those individuals4022up, 3 different pods, they sent choppers up in the air to fly4023for over half an hour because they would not come into the area4024until they had completely surveilled to make sure the cartel4025wasn't in the area.4026    Some of those gaps in those fence, and by the way, I4027crossed into Mexico, walked in about 100 yards, as I walked in,4028a cartel sniper crossed over the ridge and put eyes on me. This4029is the United States border.4030    I would argue that a sovereign nation should have 3 things:4031a secure border; fair, open, and honest elections; and4032obviously a powerful military. The Biden administration failed4033at all 3 of those and President Trump is working to fix the4034record. I support the President and, again, I'll emphasize no4035amnesty. It's time to start mass deportations.4036    Thank you, Mr. Chairman. I yield back.4037    Mr. Guest. Thank you.4038    At this time, the Chair recognizes the gentlelady from4039South Carolina, Mrs. Biggs.4040    Mrs. Biggs. Thank you, Chairman Guest. Border security is a4041priority for my district and I am grateful to you for holding4042this hearing. Thank you to our witnesses for being here today4043and giving us your input.4044    The Biden administration border crisis inflicted historic4045damage on our Nation, and I think that is relevant to today.4046Under his failed leadership, illegal crossings reached record4047highs with over 300,000 in December 2023 alone and more than 94048million over Biden's 4 years as President. The illegal4049population is now estimated to exceed 15 million. Meanwhile,4050American families like those in the Third District of South4051Carolina were left behind. After Hurricane Helene, our4052community struggled to pick up the pieces while illegal4053immigrants were placed in luxury hotels.4054    Mr. Chairman, I would like to enter into record this4055article entitled, ``Clawed Back: DHS Chief Noem Secures Eye-4056Popping Sums Sent to New York for Migrant Hotels.''4057    Mr. Guest. Your statement will be entered into the record,4058without objection.4059    [The information follows:]4060                 Article Submitted by Hon. Sheri Biggs4061``clawed back'': dhs chief noem secures eye-popping sum sent to nyc for4062                             migrant hotels4063By Adam Shaw, Bill Melugin4064Published February 12, 2025, Fox News4065    The Department of Homeland Security says it has taken back $594066million in FEMA funds earmarked for hotels housing migrants in New York4067City, a day after it fired those involved in making the payment.4068    ``Secretary Noem has clawed back the full payment that FEMA deep4069state activists unilaterally gave to NYC migrant hotels,'' a DHS4070spokesperson told Fox News Digital.4071    ``There will not be a single penny spent that goes against the4072interest and safety of the American people,'' they said.4073federal agency in doge's crosshairs played key role in harris' strategy4074                         to curb migrant crisis4075    The announcement came after the Department of Government Efficiency4076(DOGE) said it had uncovered $59 million in payments for luxury hotels4077for migrants who had flooded into the sanctuary city during the recent4078crisis at the southern border. Elon Musk said the payments had been4079sent in the last week.4080    DHS announced Tuesday that it had fired four employees ``for4081circumventing leadership'' and making the payments unilaterally. The4082firings included FEMA's CFO, two analysts and a grant specialist.4083    The use of FEMA to make payments related to immigration has been a4084topic of controversy in recent months. The funding comes via the4085Shelter and Services Program (SSP). It is congressionally appropriated4086and requires FEMA to use funding shifted over from Customs and Border4087Protection (CBP). The Biden administration pushed back last year over4088claims that disaster funding was being diverted, noting that the4089funding is appropriated to CBP and administered by FEMA.4090    A New York City Hall spokesperson confirmed to Fox News on Tuesday4091that the city had received funds ``through the past week'' that were4092allocated by the Biden administration for the purpose of housing and4093supporting illegal immigrants.4094 trump's ice limits illegal immigrant releases amid moves to shake off4095                            biden `hangover'4096    Of the $59.3 million, $19 million was for direct hotel costs, while4097the balance funded other services such as food and security. According4098to NY City Hall, the funds were not part of a disaster relief grant.4099    ``The previous administration left New York City largely on its own4100to manage an international humanitarian crisis. At its height, we took4101swift emergency action to house thousands of migrants arriving in our4102city every week--including in completely vacant hotels--ensuring that4103no family slept on our streets and that the public safety of longtime4104New Yorkers was not compromised,'' a spokesperson said. ``Thanks to our4105smart management of the crisis, we have helped over 184,000 migrants4106leave the city's shelter system since the spring of 2022. But, we are4107not out of the woods yet.''4108    A spokesperson said that it never paid luxury hotel rates, that the4109city applied for funding in April and FEMA allocated the funding last4110year.4111    On Wednesday, NYC Comptroller Brad Lander responded to the4112revocation of funds by saying that NYC ``cannot take this lying down.''4113    ``I call on the Mayor to immediately pursue legal action to ensure4114the tens of millions of dollars stolen by Trump and DOGE are rightfully4115returned. If instead Mayor Adams continues to be President Trump's4116pawn, my Office will request to work in partnership with the New York4117City Law Department to pursue aggressive legal action,'' he said,4118according to the New York Post.4119    Mayor Eric Adams later said on X that his office ``learned about4120the Federal Government clawing back more than $80 million in FEMA4121grants applied for and awarded under the last administration, but not4122disbursed until last week.''4123    ``While we conduct an internal investigation into how this4124occurred, our office has already engaged with the White House about4125recouping these funds and we've requested an emergency meeting with4126FEMA to try and resolve the matter as quickly as possible. The4127Corporation Counsel is already exploring various litigation options,''4128he said.4129Adam Shaw is a politics reporter for Fox News Digital, primarily4130covering immigration and border security.41314132    Mrs. Biggs. Thank you. This article demonstrates how the4133Biden administration abandoned the American people in favor of4134spending $59 million in taxpayer money on illegal immigrants in4135New York City. That is just unfair and it is un-American.4136    Under President Trump's leadership, we are already seeing a4137return to law and order and national sovereignty. In just 14138month back in office, border encounters dropped to just 11,000,4139proving that strong leadership, not luck, solves crisis.4140    So my question is to Ms. Ries. We have talked about a lot4141here today, but what impact did this have on average American4142families? I am talking about like housing cost or strained4143school systems, longer wait times for health care when the last4144administration put illegal immigrants ahead of our U.S.4145citizens.4146    Ms. Ries. Well, communities were very strained and they4147weren't notified in advance that large populations were coming4148to their communities. So they didn't have time to prepare for4149more teachers or expanded classrooms. So schools were4150overcrowded, hospital rooms, emergency rooms were overcrowded,4151not enough shelter, so the prices of housing went up. That is4152why this was a No. 1 issue for Americans voting last fall.4153    Mrs. Biggs. OK. The second part of that question, now that4154we are back under strong leadership, how do we ensure that4155future administrations never repeat the failures of the Biden4156era and always put America first?4157    Ms. Ries. Well, this is where Congress needs to step in and4158codify many of the changes that are necessary. We can't--we4159shouldn't be going back and forth, President-to-President via4160Executive Order. We need to shut down the benefit fraud,4161particularly asylum fraud. Make sure there's enough resources4162not just for CBP, but also for ICE and the Interior, which is4163so important right now in the reconciliation bill.4164    Mrs. Biggs. Thank you. With that, I yield back.4165    Mr. Guest. The gentlelady yields back.4166    At this time, I recognize the gentleman from North4167Carolina, Mr. Knott, for his 5 minutes of questioning.4168    Mr. Knott. Thank you, Mr. Chair. Witnesses, it is great to4169hear what you had to say. I am sorry that I have been back and4170forth. I was able to hear most of your opening statements and4171thank you for your opinions. Thank you for the work that you4172all have achieved to get here and to provide such valuable4173information.4174    From my background, I agree with most of what was said and4175my personal belief is that the border crisis of the last 44176years was an intentional act inflicted upon the American4177people. There were mechanisms that were used and procedures4178that were implemented that had never been used before. As a4179prosecutor in the Department of Justice, I saw internally how4180they made it more difficult than it had ever been in my career4181to prosecute illegal immigrant criminals. Whether it was the4182temporary protective status, whether it was the refusal for4183permission, whether it was change of policy, whatever it was,4184the nerve center of Washington, DC, again, made it more4185difficult for people in the United States to protect themselves4186against illegal immigrant crime or just the overflow of people4187who came into our communities.4188    Mr. Melnick, I do want to talk to you. I heard your opening4189statement. Again, from my perspective, labeling the Biden-4190Harris record on immigration as mixed I think is sort-of a4191gross misstatement. Just on a basic level, would you be willing4192to admit that the Biden-Harris administration was willing to4193incentivize illegal immigration?4194    Mr. Reichlin-Melnick. No, I don't think that's accurate.4195I'm happy to explain more if you'd like.4196    Mr. Knott. Well, would you admit that there were obviously4197motivations beyond just asylum seekers that propelled people4198into the United States?4199    Mr. Reichlin-Melnick. Yes, there was a mixed flow. There4200were genuine legitimate asylum seekers, tens of thousands of4201which who have won their cases every year, and there were4202economic migrants. Absolutely.4203    Mr. Knott. In the United States, taxpayers foot the bill4204for health care for illegal immigrants, isn't that correct?4205    Mr. Reichlin-Melnick. It really depends on the4206circumstance. We know undocumented----4207    Mr. Knott. All right. I will play favorable in some4208instances to taxpayers foot the bill for health care for4209illegal immigrants. Correct?4210    Mr. Reichlin-Melnick. EMTALA requires emergency rooms treat4211every person regardless of status. Yes.4212    Mr. Knott. Well, in some States there are programs where4213you don't have to be here legally and you can get access to4214Medicaid. Correct?4215    Mr. Reichlin-Melnick. I believe some States have emergency4216Medicaid for pregnant women.4217    Mr. Knott. That is a yes.4218    Mr. Reichlin-Melnick. Yes.4219    Mr. Knott. In some instances, taxpayers foot the bill for4220housing for illegal immigrants. Is that correct?4221    Mr. Reichlin-Melnick. Again, in some circumstances, some4222communities have opened up status--programs to people4223regardless of immigration status.4224    Mr. Knott. Taxpayers foot the bill for health care,4225housing. There's also transportation costs that are inflicted4226on the taxpayers. Correct?4227    Mr. Reichlin-Melnick. I'm unaware of what you're referring4228to there.4229    Mr. Knott. Well, people were flown into the country4230illegally. Once they were here illegally, they were bussed all4231over the country. They arrived in New York City, California,4232North Carolina, Texas, Illinois, at the taxpayers' expense,4233correct?4234    Mr. Reichlin-Melnick. Yes. Governor Abbott chose to run4235that program.4236    Mr. Knott. Well, he's not the only person that ran that4237program. Correct? There are dollars far beyond Texas that put4238illegal immigrants all over this country.4239    Mr. Reichlin-Melnick. Other States and communities offered4240up travel vouchers to some individuals who wanted to travel to4241other States.4242    Mr. Knott. In some instances, upon arrival, illegal4243immigrants can get driver's licenses, isn't that correct?4244    Mr. Reichlin-Melnick. In some States, driver's licenses are4245available to any resident, regardless of immigration status.4246    Mr. Knott. Even in some municipalities, people who are here4247outside the permission of the law can even vote, isn't that4248correct?4249    Mr. Reichlin-Melnick. I am unfamiliar with any who allow4250that. There are some States that allow noncitizens to vote. I'm4251unsure whether that applies to people who are here in violation4252of immigration law.4253    Mr. Knott. So just so we are clear, there was the program4254that allows health care, housing, transportation, food,4255driver's licenses, and even the right to vote. The advocates4256for the Biden-Harris administration say there were not4257incentives for illegal immigrants to come here. Hypothetically,4258let me ask you this. Illegal immigrants are counted in the4259Census, correct?4260    Mr. Reichlin-Melnick. That's correct.4261    Mr. Knott. So if California loses 1 million American4262citizens, 1 million taxpayers, because of the overregulation,4263the high cost of living, whatever it may be, and 1 million4264illegal immigrants are sent to California, they don't lose one4265electoral vote. Isn't that correct? It is basic math. Isn't4266that correct?4267    Mr. Reichlin-Melnick. It depends on the other populations,4268actually. Because if other States grow higher, the formula is4269actually quite complicated.4270    Mr. Knott. They are not penalized by driving 1 million4271American taxpayers out of their State. Isn't that correct? If4272they have refilled those seats with 1 million illegal4273immigrants.4274    Mr. Reichlin-Melnick. It depends on population growth and4275changes elsewhere. The formula is quite complicated. A State4276can maintain a stable population and still gain or lose4277representatives.4278    Mr. Knott. But they are able to maintain their electoral4279clout as if no one had left their State. Correct?4280    Mr. Reichlin-Melnick. Again, this is a complicated formula.4281It depends on other States and the overall population growth.4282Maintaining a stable level of population does not necessarily4283lead to the same level of representatives.4284    Mr. Knott. Well, gaining 1 million illegal immigrants at4285minimum, at minimum, maintains electoral clout, correct?4286    Mr. Reichlin-Melnick. It would maintain population,4287certainly.4288    Mr. Knott. Yes. That's counted in the electoral college?4289    Mr. Reichlin-Melnick. Yes.4290    Mr. Knott. That's counted in the House of Representatives4291representation, correct?4292    Mr. Reichlin-Melnick. Yes. Well, of course, no, Texas and4293Florida are the second- and third-highest level of undocumented4294immigrants in the country. You are assuming----4295    Mr. Knott. That is not the question, but I appreciate the4296point. Illegal immigrants are afforded representation at the4297expense of citizens in States wherever they are.4298    Mr. Reichlin-Melnick. I would not say at the expense.4299    Mr. Knott. You don't have to. Again, you are advocating for4300Biden and Harris.4301    Mr. Reichlin-Melnick. We come from a Government that every4302person in this country we're representing.4303    Mr. Knott. It's my time, sir. You are advocating for Biden4304and Harris' immigration record, which, again, I think is a4305gross over-complementary position.4306    Ms. Ries.4307    Mr. Guest. Mr. Knott, I am sorry but your time has expired.4308    Mr. Knott. We will talk soon. Thank you, ma'am.4309    Mr. Guest. At this point, the Chair would recognize the4310gentlelady from Texas, Ms. Johnson, for 5 minutes.4311    Ms. Johnson. Thank you so much, Mr. Chairman. It is an4312honor to be on this subcommittee with everyone here.4313    Being in Texas, I have a front-line view of our border4314situation and we can all agree it is a mess. Our agents are4315significantly under-resourced and our agencies are woefully4316underfunded. But we would all be fooling ourselves if we said4317this was all on the Biden administration. Our immigration4318failures has been multi-administration-long over decades.4319George Bush tried to first solve this. Obama tried to solve4320this. Multiple Presidents have tried to solve this. But it has4321been routinely stopped in the Congress.4322    Republicans like to brag about border security. We are4323pumping our chest today trying to attack the Biden4324administration. But where was everybody last Congress when4325there was a bill on the table to fix it? There was a bipartisan4326bill worked on by Members of both parties to have an agreement4327to put much-needed emphasis on solving our border crisis, to4328give much-needed resources to the border.4329    One of the problems is that it takes people like 5 years to4330get an appointment, just an appointment to determine if they4331are here. This is a crisis that needs to be fixed. But4332President Trump didn't want this border security bill under the4333Biden administration because he didn't want Biden to have a4334win. He was willing to compromise the on-going safety and4335security of our border for politics to have a campaign issue.4336Republicans in this Congress silently complied, despite work4337and months and months of work to come up with a comprehensive4338agreed-to bill. That just doesn't happen in this building when4339people can come to it on both sides and agree.4340    The reality of it is President Biden had an aggressive4341asylum reduction program that worked. Right, Mr. Reichlin-4342Melnick? It worked. Significant people, a drop--there was a4343significant decrease in people coming to our border by the end4344of the Biden administration. Isn't that true?4345    Mr. Reichlin-Melnick. Yes. Border apprehensions dropped 804346percent from December 2023 to January 2025.4347    Ms. Johnson. So here we are. If we are talking about people4348coming to the border, it worked under President Biden's4349leadership. What didn't work was passing a bill under4350Republican leadership in this building because they kowtowed to4351President Trump who wanted a campaign issue.4352    Now what we have is we are not going after violent4353criminals. We are going after kids with cancer. We are going4354after people who want to come here and build houses. We are not4355pursuing criminals. We are not pursuing drug dealers. We are4356pursuing chefs and cooks and people who want to pave our roads4357and work as floor nurses in our country. We are rounding up4358people who are here contributing to our economy, paying taxes,4359so that we can have some photo op in Guantanamo of nonviolent4360criminals.4361    One of the things that you said earlier that was really4362struck me in your comments, sir, was how we are diverting our4363various agency personnel from drug enforcement, from terrorist4364investigation, making our communities less safe to round up4365illegally people who are just here working, taking care of4366their families. Isn't that right?4367    Mr. Reichlin-Melnick. That's right.4368    Ms. Johnson. I am very worried about that. I mean, if4369this--and then also where are the outcries, if we are talking4370about security of this country, where are the outcries of the4371outrageous, irresponsible recklessness of the Secretary of4372Defense of putting national security secrets on a damn Signal4373chat? Where is that outcry? I mean, there should be, regardless4374of party uniform outrage, demanding that these folks on this4375Signal chat come and testify to Congress so that we can uncover4376the gross violations of our national security that was engaged4377in the Trump administration. But again, crickets.4378    I yield back.4379    Mr. Guest. The gentlelady yields.4380    We will now go into a second round of questioning. We will4381then allow Mr. Knott to start us off.4382    Mr. Knott, you have 5 minutes for the next round of4383questioning.4384    Mr. Knott. Thank you, Mr. Guest.4385    Just to follow up with where we left off, again, I think4386that any summary or analysis of the Biden administration's4387immigration performance, other than it was an abysmal failure4388for the country, is far too rosy and candidly far too partisan.4389I say that with respect. I understand that we can disagree. But4390when you look at the overall toll and the cost that it made4391most Americans feel and pay, anything other than an outright4392failure is far too rosy of a picture.4393    Again, I'm familiar with your organization, Mr. Melnick. It4394does not seem to be very bipartisan. It seems to be very, very4395open-ended in terms of just there is no number that would be4396too high, there is no cost that would be too high for the4397American people to take.4398    Again, I will go back to Ms. Ries. In regards to what we4399were discussing earlier, Mr. Melnick, you made some very4400compelling points insofar as it was an unsustainable influx for4401the country. Whether it is health care, whether it was law4402enforcement, whether it was educational quality, whether it was4403just basic infrastructure, can you please flesh out very4404concisely how illegal immigration, especially over the last 44405years, has been an unsustainable burden on the country?4406    Ms. Ries. Well, starting tens of billions of dollars went4407out the door to NGO's to build a very secretive infrastructure4408to bring in millions of people. So we have that sunk cost. Then4409we have overwhelmed communities, overcrowded schools, emergency4410rooms, jails, law enforcement, lack of housing, et cetera. The4411communities have spent hundreds of millions of dollars, in some4412cases billions of dollars. The New York City mayor testified4413the billions of dollars New York City has spent on the back end4414to provide these services to illegal aliens. That doesn't even4415account for the deaths, the violence, et cetera, which is4416incalculable.4417    Mr. Knott. Yes. In regards to the incentives that we were4418talking about, there was no acknowledgment that there were4419incentives for illegal immigrants to come here illegally. I am4420curious as to your opinion. The way I see it, there was4421innumerable incentives for people to come here illegally, as4422evidenced by the fact that they did to the tune of 10-plus4423million crossings. What incentives were you familiar with?4424    Ms. Ries. The open border, the fact that they were released4425into the country, the fact that they could work here, continue4426to send money home, bring family here, have children here, et4427cetera.4428    Mr. Knott. Yep. Mr. Anfinsen, if I could get your take. You4429are familiar, obviously, with Border Patrol and the morale.4430Isn't it true, sir, that whether it was prosecutions of illegal4431reentries or the policies that came from the top at Border4432Patrol, the ability to enforce the border was compromised4433intentionally over the last 4 years?4434    Mr. Anfinsen. It was very difficult to seek prosecution.4435There were very specific and high criteria, a very high bar to4436get prosecutions, certainly compared to previous years.4437    Mr. Knott. There was a lot of kerfuffle that was mentioned4438earlier that we can't fight terrorists, we cannot fight drug4439traffickers based off of the policies that the Trump4440administration is putting into place. Again, I find that4441grossly offensive. Can you fight terrorists? Can you fight drug4442traffickers with the open-border policies that we saw over the4443last 4 years?4444    Mr. Anfinsen. You can't do anything with open-borders4445policies but let people in.4446    Mr. Knott. Except welcome them in. So, again, this4447narrative that we cannot fight criminals with tough immigration4448enforcement, I find to be fundamentally contrary to reality.4449    In regards to the border bill that they said that President4450Trump torpedoed, did you have an opinion about that bill?4451    Mr. Anfinsen. As an organization, we were in favor of it to4452a degree. I call it sort-of like a Stockholm syndrome. At that4453point we had been used and abused for so long that anything4454seemed good. But in the long run, it had a sunset clause, it4455was going to go away and then it wasn't going to change4456anything in the long run.4457    Mr. Knott. There were obviously portions of that bill that4458would have codified, in terms of tools that you had, it would4459have made it more difficult in some respects to enforce the4460border?4461    Mr. Anfinsen. Ultimately, yes, sir.4462    Mr. Knott. Mr. Blair, in regards to your experience, are4463you familiar with the way that that bill that was referenced by4464my colleague on the other side of the aisle would have hurt the4465ability to enforce the border?4466    Mr. Blair. Yes, sir. It would have codified illegal4467immigration to the sum of a few thousand.4468    Mr. Knott. Yep. It would have, before the border was4469closed, it would have welcomed roughly 2 million in before it4470was an automatic closure, correct?4471    Mr. Blair. Yes, sir.4472    Mr. Knott. In regards to the exact language, it legalized,4473codified catch-and-release, correct?4474    Mr. Blair. Yes, sir, I did.4475    Mr. Knott. I'm again running short on time. Mr. Chairman, I4476will yield back the balance. Again, I thank the witnesses for4477their testimony and we appreciate any commentary on how to make4478immigration work for the American people. Thank you.4479    Mr. Guest. Thank you, Mr. Knott. It is amazing how quickly44805 minutes goes by, is it not?4481    At this time I yield to the gentleman from California, Mr.4482Correa, for his 5 minutes of questioning.4483    Mr. Correa. Thank you very much.4484    Mr. Melnick, I want a quick questions-and-answers. Have4485U.S. citizens illegal permanent residents been caught up in4486President's Trump immigration raids?4487    Mr. Reichlin-Melnick. Yes.4488    Mr. Correa. Have veterans who have served honorably and4489have been discharged honorably, have they been affected? Have4490they been deported?4491    Mr. Reichlin-Melnick. A veteran in Newark was arrested.4492But, of course, veterans have been deported for years. In fact,4493we've long called on Congress to provide better----4494    Mr. Correa. Has due process been afforded to individuals4495detained?4496    Mr. Reichlin-Melnick. We have serious concerns about the4497process that's going on, including multiple allegations of4498violations of settlements and violations of detention4499standards.4500    Mr. Correa. Mr. Chairman, I got to tell you, great issues4501here.4502    Ms. Ries, I heard you talk about Census, redistricting, a4503little bit about my political history. I started out trying to4504represent an area whose registered voters, U.S. citizen voter4505registration participation was very low. Heavily immigrant4506community never wanted to vote. It is called voter suppression.4507They would get letters saying anybody who is not eligible4508legally registered to vote, you are subject to a felony. When4509you get a letter like that at home, guess what people do? They4510say, hell no, I am not voting. I don't care if I am registered,4511I am legally registered or I am not going to vote because I'm4512going to stay away from that process.4513    In the last Census, President Trump put out an edict: do4514not count them people. Who are those people? All the above.4515California lost 1 seat, Congressional seat. Texas should have4516gained 3 seats. But in Texas, unlike California, they didn't4517encourage people to be signed up to be counted. Citizens,4518noncitizens, legal, and undocumented. There are a lot of issues4519here. Love to sit down and talk to you.4520    Mr. Melnick, what is the value of nearshoring? We are4521talking about bringing back manufacturing from China to the4522USA. Southern California today is the manufacturing center of4523the United States. Guess who those employees are that are4524working making widgets.4525    Mr. Reichlin-Melnick. I think immigrant workers tend to4526have a very----4527    Mr. Correa. A very with and without documents because they4528have those employers saying, Lou, help me, my workers need to4529be legalized. They are not. So what is the value of nearshore?4530We talk about the costs, but not the benefits. National4531defense. What is the value of national defense?4532    Mr. Reichlin-Melnick. This is one of the reasons that we4533think that a path to legal status can help push back against4534the unscrupulous employers that are exploiting people. This4535country needs workers helping them to work legally.4536    Mr. Correa. Talk about an incentive to come to the United4537States. Let's talk about incentive to come to the United4538States. My trip to Guatemala, they were telling me, Guatemala4539officials, that it cost $20,000 to make the trip from Guatemala4540to the border. You get 2 shots at crossing the border. After4541that you're done. Eighty percent of the women who undertake4542that trip north are raped or sexually abused. Mr. Anfinsen, you4543know that as well. What is the incentive for these people? A4544welfare check? You are going to get raped so I can get a4545welfare check? It is going to cost me $20,000 cash? What is the4546incentive?4547    Mr. Reichlin-Melnick. It's the American Dream.4548    Mr. Correa. Hunger, something for my children in the4549future, and my kids are being recruited to go into gangs. This4550is the bigger issue here we have to address. It is not Biden,4551it is not Trump. It is public policy.4552    You know, General Kelly, General Kelly, former Homeland4553Security chairman, would say border security does not begin or4554end at the border. It is all of the above. Love to work with4555all of you in big public policy. Immigration to this country, a4556lot lately, record number lately. When was the last time we had4557such record numbers? Early 1900's? Yes?4558    Mr. Reichlin-Melnick. Yes, and 1990's.4559    Mr. Correa. In the 1900's, what was their policy? You4560walked in through Ellis island and what was the policy? Deport4561you or?4562    Mr. Reichlin-Melnick. You just had to show up at the U.S.4563border. As long as you could show that you didn't have a4564disease or any serious enfeeblement was the laws, they would4565let you in.4566    Mr. Correa. Nineteen-nineties. Today, what is the policy?4567    Mr. Reichlin-Melnick. We've got a significantly more4568restrictive policy. In fact, we haven't updated our immigration4569laws since November 1990. It's been 35 years.4570    Mr. Correa. What I am trying to say, ladies and gentlemen,4571this is a multi-challenging issue. Immigration, border4572security, U.S. economic policy, foreign public policy, trade4573public policy, all symptoms of the same issue, which is4574American security.4575    Thank you, Mr. Chairman. Love to continue the discussion,4576but I think I am out of time. I yield.4577    Mr. Guest. Thank you. At this time, I recognize myself.4578    Mr. Melnick, in your opening written statement, you say4579that over 18 percent of individuals held in ICE detention who4580were arrested by the Interior, by ICE, had no criminal record.4581So putting that into perspective, 82 percent of those4582individuals arrested by ICE were at least charged, if not4583convicted, with crimes. Is that correct?4584    Mr. Reichlin-Melnick. That's correct. We know from ICE data4585the majority of those are immigration offenses and low-level4586offenses. In fact, only 12 percent of people currently held in4587ICE detention are categorized as the most serious offenders.4588    Mr. Guest. Then in previous questions, I asked you a little4589bit about final orders of removal. I think you said, and I am4590not trying to misstate, so if I get this wrong, please feel4591free to correct me, that you believe that roughly 20 percent of4592the final orders of removals should not be enforced because the4593individuals claiming asylum, they failed to appear at their4594court proceedings. Is that accurate?4595    Mr. Reichlin-Melnick. No, I didn't say they should not be4596enforced. I wanted to emphasize each individual case has to be4597assessed individually. Some people have a final order due to no4598fault of their own. The Government didn't send the notice to4599appear to the right address, for example. So that's why each4600case has to be looked at individually. I don't want to do a4601categorical statement every person with a final order should be4602removed because some of them were removed in error or ordered4603removed in error. They have a right to go back to the court and4604say, I'd like you to fix this, there was a mistake done.4605    Mr. Guest. So it seems to me, and maybe I am mistaken, that4606you would like to establish what is known in the legal law, and4607as you know, as a bright line test. Are you trying to say that4608the bright line test of this administration should be that no4609individual who has not been charged with a crime should be4610removed from the country?4611    Mr. Reichlin-Melnick. No. But in a world of limited4612resources, where we have nearly 4 million people in immigration4613court, it is important to focus on those with the most serious4614offenses first, not just take a scattershot approach to4615everybody.4616    Mr. Guest. All right. To the Trump administration's credit,4617over 8 out of every 10 of the individuals that they have4618apprehended have been charged with some crime. Now, we can4619argue whether or not we think that crime is serious enough that4620they should be apprehended or not, but over 80 percent have4621been charged with crime. So there is not this round-up where we4622are out there seeking to bring in large numbers of people that4623have not been charged with crimes. You have not seen that, have4624you?4625    Mr. Reichlin-Melnick. We have seen a significant increase4626of arrested people with no criminal convictions.4627    Mr. Guest. We have also seen a significant increase of4628those arrested that have criminal convictions.4629    Mr. Reichlin-Melnick. Yes. Overall and immigration was4630changing.4631    Mr. Guest. Overall numbers have grown over 600 percent from4632the same numbers a year ago. So if your numbers are growing by4633600 percent, you are going to see a larger increase of those4634with criminal convictions than those without. But then when you4635look at the overall percentages, we are still talking that 824636percent of the individuals arrested by ICE that they are4637seeking to deport have some sort of criminal convictions. Then4638you throw into addition to that those that we talked about4639earlier with final orders of removal.4640    So I think it is unfair for you to characterize the fact4641that this administration is out going, seeking to just round up4642anyone that they can find on the street, because that is not4643supported by the documents, is not supported by the numerical4644information that you have provided.4645    Mr. Reichlin-Melnick. I think the ratio has changed. When4646President Trump took office, about 6 percent of people in ICE4647detention arrested by ICE had no criminal record. So it's 184648percent now. It's tripled. So certainly arrests overall are4649going up, but the portion of those arrests that are people with4650no criminal record is rising faster than the portion of the4651arrest of those people with a criminal record.4652    Mr. Guest. Thank you.4653    To close on a high note, Mr. Anfinsen, I want to ask you if4654you would do myself and Representative Correa a favor. When you4655return back to the men and women that you serve with, please4656tell them that we thank them for their service. We thank them4657for their sacrifice. I pledge to you that myself and Ranking4658Member Correa, that we will do everything within our authority4659to make sure that the men and women who serve our country have4660the resources that they need, that you have the number of4661agents that you need to perform your duties, and also that you4662have the pay that you need so that those individuals can4663support their families and that those individuals can be4664compensated for the work that they do.4665    So with that, I would like to thank all of our witnesses4666for being here today. We had a distinguished panel. I believe4667that while we had a very robust discussion at times, I believe4668that it was an important discussion. Again, we appreciate you4669giving of your time to enlighten us and other Members of this4670committee on the important decisions that we have facing us.4671    With that, the hearing will be adjourned. Thank you.4672    [Whereupon, at 11:53 a.m., the subcommittee was adjourned.]46734674                          [all]