BREAKING NEWS: Mayorkas Testifies Before Senate Committee After Impeachment Articles Dismissed

5 months ago

DHS Secretary Alejandro Mayorkas testifies before the Senate Homeland Security Committee after the Senate dismissed the impeachment articles against him.

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Transcript

00:00:00an opportunity to thank you for your continued service to our country. I've

00:00:05worked with you now for quite some time. I always found you very forthright,

00:00:09candid, very professional, and I know you're committed to what is a very

00:00:13difficult mission, but your commitment is something that I certainly recognize. I

00:00:17want to take a personal point of privilege to say how much I appreciate

00:00:21you, so thank you for being here today. The Department of Homeland

00:00:25Security and its dedicated employees play an essential role in keeping our

00:00:31country safe. We must ensure that they have the resources necessary to keep

00:00:37doing that work and to safeguard our nation from rapidly evolving security

00:00:42threats. Today's hearing is an important step towards that goal. This morning we

00:00:47will examine President Biden's 2025 budget request and assess what the

00:00:52Department of Homeland Security needs to fulfill its critical missions in the

00:00:57coming year. I'm pleased that this proposal includes several investments to

00:01:03combat persistent threats in Michigan as well as all across the United States. For

00:01:09instance, cyber attacks continue to pose serious threats to the homeland. This

00:01:14past February, a ransomware attack on Change Healthcare disrupted thousands of

00:01:20pharmacies and hospitals. Last summer, Microsoft faced a dangerous intrusion

00:01:25into its cloud system, and as always, cyber attacks from criminal organizations

00:01:30and foreign governments pose a great danger to our citizens. It's critical

00:01:36that the Department of Homeland Security receives the resources it needs to

00:01:41bolster cybersecurity, and I'm glad to see this budget includes significant

00:01:45resources for CISA, our nation's leading cybersecurity agency. We also have a

00:01:51chance to discuss the department's plans to secure our northern and southern

00:01:56borders. The irregular flow of migrants at our southern border continues to put

00:02:00a strain on law enforcement officials as well as neighboring communities.

00:02:04Members of this committee, Senator Sinema and Senator Lankford, worked

00:02:10incredibly hard to negotiate a bipartisan border bill this past year

00:02:16that would have been the most significant border bill in decades to

00:02:20strengthen our presence on the border, and I'd certainly like to take a moment

00:02:25just to thank them. Senator Lankford, Senator Sinema, thank you for your hard

00:02:28work in developing that compromise. Unfortunately, that compromise didn't

00:02:33move forward, and unfortunately, I have many colleagues who like to talk about

00:02:38solving a problem but would much rather just throw rocks. It's just so much

00:02:42easier to throw rocks and actually solve the problem. So unfortunately, even

00:02:46though the bill had the potential to make substantial changes in our

00:02:50immigration system and would have also provided critical resources for our

00:02:54frontline operators, partisan politics got in the way, the rock-throwers got

00:02:59their way as opposed to the problem-solvers. These long-standing

00:03:04challenges, however, are now more serious than ever, and this budget will give us a

00:03:07chance to actually meet them head-on. President Biden's budget request includes

00:03:13resources to hire more law enforcement officials, updating our screening

00:03:17technology, and keep fentanyl from reaching our communities. We also have to

00:03:23commit resources to our northern border, and as a member of the Appropriations

00:03:27Committee, I was proud to secure funding to establish the Northern Border

00:03:31Coordination Center, which will create one unified entity that focuses on

00:03:35keeping our northern border secure. I look forward to hearing Secretary

00:03:39Mayorkas' insight into the security needs of both of our borders, both

00:03:43northern and southern. Natural disasters and climate change continue to present

00:03:48some of the most serious threats to the homeland. I've been proud to work with

00:03:52DHS on efforts to mitigate damages from natural disasters, and held a hearing

00:03:57earlier this year on the devastating effects of wildfires across our country,

00:04:03and certainly appreciate the work Senator Romney has put into that issue.

00:04:07We must continue to strengthen our disaster response efforts, and I look

00:04:11forward to discussing how this proposal helps continue that work. We also have to

00:04:16address the threat posed by unmanned aerial systems, more commonly known as

00:04:21drones. Whether they're used recklessly or controlled by an operator with bad

00:04:26intentions, drones can pose a serious security threat to mass gatherings like

00:04:30sporting events, concerts, and more. The current authorities we need to address

00:04:35this problem are going to expire this May, and I'm going to keep working to

00:04:39authorize, reauthorize, and expand them so that we can continue to protect our

00:04:44citizens, our airports, and our critical infrastructure from this growing threat.

00:04:49Secretary Mayorkas will provide a key perspective on how to address this

00:04:53increasing threat that drones pose to our communities. And finally, the threat

00:04:59of domestic terrorism is more serious than ever. The war in Israel has

00:05:04heightened tensions here at home, leading to a spike in anti-Semitic, anti-Arab, and

00:05:10anti-Muslim hate. And at the same time, white supremacist and anti-government

00:05:15extremists continue to pose a significant domestic terrorism threat to

00:05:20the United States. I've been proud to work with the Department to address this

00:05:24problem and ensure that we are adequately tracking the danger that it

00:05:29poses to our citizens. I'm glad that this proposal includes resources for the

00:05:34nonprofit security grant program, initiative I helped establish that gives

00:05:39organizations and houses of worship the resources they need to stay safe. And I

00:05:44look forward to hearing how else we will reduce the threat posed by domestic

00:05:48terrorism. So these are just a few of the examples of the many security threats

00:05:53that face our nation and the solutions that have been proposed in the

00:05:59president's budget will be a top a major topic for us to talk about today. I look

00:06:04forward to having a productive, professional discussion today about the

00:06:10department's plans to continue to keep Americans safe. With that, I'd like to

00:06:15now recognize Ranking Member Paul for his opening remarks.

00:06:21Secretary Mayorkas, yesterday your impeachment trial ensued in the Senate. I

00:06:27don't see this as a happy day or a day that I take relish or pleasure in, but

00:06:33it's a sad day. A sad day in the sense that it's come to this. It's in a debate

00:06:38over policy, this was a debate over malfeasance, a debate over whether you've

00:06:42been telling the truth and whether you've been enforcing the law. We have a

00:06:46disaster at our southern border, a disaster that becomes very personal to people. Lake

00:06:51and Riley's family, this disaster cost them the loss of a loved one. We have a

00:06:57disaster where people show up at the border every day and they just simply

00:07:00say, hey I'm Joe Smith from Venezuela and then they waltz on in. There's supposed

00:07:05to be rules, there are rules about paroling people. Under the Trump

00:07:08administration, a very small number of people were paroled. Under this

00:07:12administration, it's become a blanket parole. There's been the question and

00:07:16you've been asked repeatedly, you testified to Senator Graham last year

00:07:21that parole is individualized, but then the administration has admitted that

00:07:25it's a public benefit to have migrants come in as migrants as opposed to

00:07:31illegal aliens, as if it's a difference. You know, a million people come by and we

00:07:35don't see them at all and a million people come by and they stop and we give

00:07:38them migrant status and somehow that's better and there's a public benefit to

00:07:42that, but that's not individualized, that's judging people as a group, but I

00:07:47can't help but be sad for Lake and Riley and her family who didn't have to have

00:07:51this and he wasn't paroled for any of those reasons and we're going to get

00:07:56into that in the question and answer. You've either said you don't have the

00:08:00knowledge, you've been asked about this multiple times, but we're gonna ask again

00:08:03how did the murder of Lake and Riley get into this country and what is the

00:08:08statute that allowed you to do it? How could you and how could you sleep at

00:08:12night, you know, having done that? You know, there are laws, I

00:08:17mean, and that's what this is about. It isn't about whether or not the Biden

00:08:21administration believes in an open border policy, it's about whether we have

00:08:25laws and you're going to enforce them at all. The last administration was

00:08:30enforcing the law and you just haven't been enforcing the law and millions of

00:08:33people are coming across and, you know, they've committed

00:08:37heinous crimes and murder and Lake and Riley's family will never get her back

00:08:42and yet that man came in and apparently was let go because they said it was full.

00:08:46There's no statute saying that when the camps are full you just let people in. We

00:08:52have a system where we're just saying, hey, what's your name and then we

00:08:55fingerprint you and then off you go. I mean, we had over 300 people in the

00:08:59terrorist watch list come in and then are found at a later date to be on the

00:09:03watch list. We have people coming to New York, we fly them to New York, we give

00:09:08them money, we put them up in a hotel, they assault a police officer and then

00:09:13as they come out past the cameras they're flipping the bird to everybody

00:09:16in America. That's a sad day for America and you presided over this. You presided

00:09:21over just a disastrous border and it isn't a matter of policy. It isn't as a

00:09:26matter of you like open borders and we like, you know, a more secure border.

00:09:30There's a law. We have a law and you're supposed to enforce that law and

00:09:34yesterday was a sad day because the majority went ahead and set the

00:09:39precedent that having lied to Congress there wasn't going to be an examination

00:09:45of whether you lied to Congress. They were just going to simply say lying to

00:09:47Congress didn't rise high enough to be high crimes and misdemeanors. Chairman

00:09:53says, oh, we're just throwing rocks is why we didn't fix the border policy. That's

00:09:58just not true at all. The fix that was advanced legislatively was a fix that

00:10:03would have allowed 5,000 people a day before we would have taken extraordinary

00:10:09measures to try to slow the the influx of migrants but even after 5,000 a day

00:10:15was going to let migrants of no limit still come through the ports of entry. So

00:10:20it really wasn't a reform. It was a whitewash. All of the laws that existed

00:10:25under the Trump administration still exist under the Biden administration.

00:10:29You have all the powers that you need. The laws on accepting migrants

00:10:34to this country says the executive may admit migrants. Doesn't say the

00:10:39executive branch shall admit migrants. You could simply say we're full up and

00:10:43we've got too many criminals and we've got the horrendous thing that happened

00:10:47to Lake and Riley and to others and we're just full and we're just we're

00:10:50going to stop taking migrants for a while until we can sort out the mess we

00:10:54have at the border. You have every power to do that now. You just don't utilize

00:10:58those powers but it isn't about really being good at utilizing the power. We

00:11:01just think you're not obeying the law and I think it is a sad day. Yesterday

00:11:05was a sad day that we had to impeach a member of the cabinet but today is a sad

00:11:10day that the majority chose not to even hear the arguments, not to see the proof

00:11:13one way or the other and have a real trial. So I look forward to trying to get

00:11:19some of the answers today and I hope you will tell the truth. I hope you will not

00:11:23just simply say I don't know. You've been asked many times about Lake and Riley's

00:11:28family. You should know everything about the alleged murderer and I hope you'll

00:11:31explain to us how he got into this country and why that happened.

00:11:37Secretary Marquez, it's the practice of the Homeland Security and Governmental

00:11:41Affairs Committee to swear in witnesses so if you'd please stand and raise your

00:11:44right hand. Do you swear the testimony you will give before this committee will

00:11:49be the truth, the whole truth and nothing but the truth, so help you God.

00:11:54Thank you. Secretary Alejandro Mayorkas is the

00:11:59seventh secretary of the Department of Homeland Security. Secretary Mayorkas has

00:12:04led a distinguished career over three decades as a law enforcement official

00:12:09and a lawyer in the private sector. He has served as the department's deputy

00:12:13secretary, as director of U.S. Citizenship and Immigration Services and at the

00:12:19Department of Justice as assistant United States attorney in the Central

00:12:23District of California. Thank you once again, Secretary, for being here before

00:12:27our committee. You may now proceed with your opening remarks. Chairman Peters,

00:12:33Ranking Member Paul, distinguished members of this committee, every day the

00:12:38268,000 men and women of the Department of Homeland Security carry out our

00:12:42mission to protect the safety and security of the American people. They

00:12:46protect our shores, harbors, skies, cyberspace, borders and leaders. They

00:12:52stop fentanyl and other deadly drugs from entering our country. They lead the

00:12:56response to maritime emergencies. As we speak, they are engaged in the response

00:13:00to the tragic Francis Scott Key Bridge collapse in Baltimore. They help

00:13:06communities recover and rebuild after a natural disaster. They combat the

00:13:10scourges of human trafficking, forced labor and online child sexual

00:13:14exploitation and so much more. All this despite a perennially insufficient

00:13:19budget. The dedicated public servants of DHS deserve full support and the

00:13:24American people deserve the results of fully resourced DHS can deliver. The

00:13:29funding opportunities outlined in the president's fiscal year 2025 budget for

00:13:33DHS are critical to meeting both goals. I welcome the opportunity to discuss

00:13:37this proposed budget and highlight some of its key proposals with you today. When

00:13:43our department was founded in the wake of 9-11, the threat of foreign terrorism

00:13:47against high visibility targets was our primary concern. That foreign threat

00:13:52persists, but now we also confront the terrorism related threat of radicalized

00:13:56lone offenders and small groups already resident here in the United States. This

00:14:01budget provides for an 80 million dollar increase to our department's nonprofit

00:14:05security grant program and additional funds for targeted violence and

00:14:09terrorism prevention grants so that DHS can better help communities prevent

00:14:14tragedies from occurring. As lone actors and nation-states increasingly target

00:14:19our critical infrastructure and our data, the president's budget provides CISA with

00:14:24needed funding to improve our cybersecurity and resiliency. Fentanyl is

00:14:29wreaking tragedy in communities across the country. DHS has interdicted more

00:14:34illicit fentanyl and arrested more individuals for fentanyl related crimes

00:14:38in the last two fiscal years than in the previous five combined. The

00:14:43president's budget includes critical funding to advance our strategy,

00:14:46including funds for non-intrusive inspection technology and targeted

00:14:50operations. During a time when the world, including our hemisphere, is experiencing

00:14:57the greatest displacement of people since World War II, DHS has toughened our

00:15:01border enforcement and is maximizing our available resources and authorities. In

00:15:06the last 11 months, we have removed or returned more than 630,000 individuals

00:15:12who did not have a legal basis to stay, more than in every full fiscal year

00:15:17since 2013. The president's budget would further expand these efforts. It provides

00:15:23funds for hiring more enforcement personnel and bolstering refugee

00:15:27processing. Our immigration system, however, is fundamentally broken. Only

00:15:32Congress can fix it. Congress has not updated our immigration enforcement law

00:15:37since 1996, 28 years ago, and only Congress can deliver on our need for

00:15:43more Border Patrol agents, asylum officers, and immigration judges,

00:15:46facilities, and technology. Our administration worked closely with a

00:15:51bipartisan group of senators to reach agreement on a national security

00:15:55supplemental package, one that would make the system changes that are badly needed

00:15:59and give DHS the tools and resources needed to meet today's border security

00:16:04challenges. We remain ready to work with you to pass this tough, fair, bipartisan

00:16:10agreement. Finally, extreme weather continues to

00:16:15devastate communities. Last year, FEMA responded to more than 100 disasters. Our

00:16:20budget provides $22.7 billion to assist community leaders and help

00:16:25survivors in the aftermath of major disasters, and additional funds to

00:16:30invest in resilient strategies that will save lives and taxpayer money in the

00:16:35decades to come. Essential to our success across all mission sets is our

00:16:40department's ability to recruit and retain a world-class workforce. In

00:16:44addition to the frontline border workforce I mentioned, the president's

00:16:49budget includes $1.5 billion to maintain our commitment to fairly

00:16:53compensate the TSA workforce. The recently passed 2024 budget, though

00:17:00welcome and helpful to many of our operations, was enacted too late to

00:17:03implement an appreciable hiring surge. It reduced by 20% much-needed support for

00:17:09cities dealing with migrant-related challenges, and it cut critical research

00:17:13and development funding. I am eager to work with you to address these and other

00:17:17shortfalls in the weeks ahead, as I am eager to deliver the sustained funding,

00:17:22resources, and support that the extraordinarily talented and dedicated

00:17:27public servants of DHS need and deserve. Thank you, Mr. Chairman. Thank you,

00:17:33Secretary Marquez. So for committee members, we will start the first round of

00:17:39questions. Our intent is, as we traditionally have when the secretary is

00:17:43here, two rounds for questions, but I have a lot of members that want to be

00:17:50here, and this is a very challenging time for everybody's schedule, so I'm

00:17:55going to be very very strict on the on the time, the seven minutes on the first

00:17:59round for for everybody, if everybody would try to adhere to that in respect

00:18:03to our our colleagues who all want to ask questions. We will then take a break

00:18:08before the second round to give the secretary some time and to roughly ten

00:18:14minutes. We're gonna try around 90 minutes, so whatever comes first and

00:18:17we'll play it by ear, but my intent is to do that, and then it's just five

00:18:20minutes, whoops, there we go on a motorcycle, and then there's five minutes

00:18:25in the second round, and once again I'm gonna be more aggressive than I usually

00:18:31am because of the interest in this committee to make sure that we stay to

00:18:35the time, and I will start by leading by example and staying within my time.

00:18:39Secretary Mayorkas, I am focused on ensuring that the DHS and DOJ have the

00:18:48authorities needed to counter the evolving threat posed by unmanned aerial

00:18:54systems or drones operated by bad actors. Your department's current UAS authorities

00:19:00are set to lapse on May 11th of 2024, leaving upcoming major events like the

00:19:06Indy 500 and the New York City fireworks on July 4th unprotected, unprotected from

00:19:14this growing drone threat. So my question for you, sir, is what what would losing

00:19:20this authority mean to our combined efforts to protect the homeland?

00:19:26Mr. Chairman, the the loss of our authority to counter unmanned aerial systems would

00:19:33leave us less secure and less safe. The proliferation of unmanned aerial systems

00:19:41for adverse uses has only grown. The capability of those systems has only

00:19:47increased with respect to speed, distance covered, payload carried, and we need that

00:19:56system quite, quite compellingly.

00:20:03Secretary Fenton, I'll continue, as you're well aware, to be a scourge on our

00:20:08communities all around the country. Far too many families, including in my home

00:20:13state of Michigan, are losing loved ones to this epidemic and we certainly must

00:20:17increase our efforts to combat it. And while I appreciate the DHS's

00:20:23operations, such as Blue Lotus and Operation Apollo, I believe they've

00:20:27resulted in seizures of over 5,500 pounds of illicit fentanyl in the first

00:20:34two months of FY 24 alone. Clearly more needs to be done. So my question for you,

00:20:40Secretary, looking at DHS's FY 25 budget request, I'm concerned that the

00:20:45department is relying on Congress to pass a supplemental appropriation to

00:20:51advance the fight against fentanyl and synthetic opioids. So my question is, how

00:20:56will you ensure the DHS has the resources it needs to address this

00:21:00challenge if Congress fails to take action, as it unfortunately has in the

00:21:05past? Mr. Chairman, we do the most with what we have. We engage in strategic

00:21:14operations, we maximize the use of non-intrusive inspection technology, we

00:21:19deploy forward operating labs, we use our transnational criminal organizations

00:21:24to work with international partners. The men and women of the Department of

00:21:30Homeland Security do so much with the limited resources they have. But let me

00:21:35assure you, Mr. Chairman, that these Senate's bipartisan legislation would

00:21:40have provided us with vitally needed additional resources to combat fentanyl.

00:21:45A scourge like no other that I have seen even throughout my 12 years as a federal

00:21:50prosecutor, prosecuting narcotics trafficking organizations and drugs

00:21:55ranging from cocaine to black tar heroin. Sir, Secretary, last year I released a

00:22:02report on watch listing and screening practices of individuals at our nation's

00:22:07airports and ports of entry. This report included concrete recommendations that

00:22:13DHS should implement to enhance our national security while also upholding

00:22:18travelers dignity and rights. It recommended DHS reform the redress

00:22:23process, track screening activities in a holistic manner to assess their impact

00:22:30and establish a watch listing and screening Advisory Council. My question

00:22:36for you, Secretary, is what actions has DHS taken so far to begin to address

00:22:40these three recommendations in the report? Mr. Chairman, we very much

00:22:44appreciate the report that was published and we are certainly acting upon it. It

00:22:50is our highest purpose to ensure the safety and security of the American

00:22:54public and to do so while complying with civil rights, civil liberties and privacy

00:23:00rights. We in the Department of Homeland Security are looking internally at our

00:23:05own practices, CBP, TSA and the other agencies involved with the offices of

00:23:11civil rights, civil liberties and privacy and we're also working with other

00:23:16departments and agencies with respect to the recommendations and the important

00:23:20recommendations that the report issued. Well, thank you, Mr. Secretary. I still

00:23:26have remaining time and I'm going to set an example. I'm going to stop early on

00:23:30remaining time and I do need to leave temporarily to attend a Armed Services

00:23:37Committee hearing that's going on now. So, I will be turning the gavel over to

00:23:41Chair Emeritus Senator Carper in my absence and recognize right now Ranking

00:23:48Member Paul for his comments. Secretary Mayorkas, under your administration, the

00:23:55Biden administration, over a million people have been paroled. What is the

00:23:59criteria you use for paroling individuals? Ranking Member Paul, the

00:24:06parole process is one that we execute according to the law. We make

00:24:12individualized determinations with respect to significant public benefit or

00:24:17an urgent humanitarian reason. So, for what reason was the

00:24:22alleged killer of Lakin Riley, Jose Ibarra, paroled and allowed to come into this

00:24:28country? Ranking Member Paul, first and foremost, all our hearts break for the

00:24:35family of Ms. Riley. Secondly, the perpetrator of this heinous criminal act

00:24:42needs to meet justice to the fullest extent of the law and I will not comment

00:24:49on the particulars of the case because the matter is being prosecuted by

00:24:54authorities now. This isn't on the case of whether or not he murdered her, this

00:24:57is on the case of why you paroled him. Why was he paroled? My same answer, Ranking

00:25:02Member Paul. You're refusing to answer the question? I have provided my answer, Ranking

00:25:05Member Paul. You're refusing to give any specifics about Jose Ibarra. Well, I have

00:25:09the documentation and the document says that the parole, the subject, the person

00:25:14accused of killing Lakin Riley was paroled due to detention capacity. It was

00:25:21full. So, is detention capacity statutorily allowed to be used as a

00:25:27reasoning for parole? Allow me to assure you that individuals who pose a public

00:25:31safety threat or national security are our highest priority for detention. The

00:25:36reality, not just with respect to this administration, but every administration

00:25:40that precedes me, is that the number of encounters has exceeded the number of

00:25:46detention beds available. The question is, is it statutorily, legally allowed to use

00:25:52the excuse that our camp is full? He was paroled due to detention capacity. Is

00:25:59that allowed under the law? Ranking Member Paul, my prior answer stands. Which

00:26:05means you're not going to answer the question. Are you pleading the Fifth

00:26:08Amendment? No, Ranking Member Paul. I've answered the question. Well, no, you

00:26:13haven't. The question is very specific. You have testified previously and

00:26:18you have testified today that there are two reasons you can be paroled. Urgent

00:26:22humanitarian need or significant public benefit. That's not the reason listed. The

00:26:27reason listed is parole due to detention capacity. Is parole due to detention

00:26:33capacity a lawful reason for paroling someone? Ranking Member Paul, there are

00:26:39there are different bases for parole. I am not a legal expert in this regard, but

00:26:45let me assure you that when an individual is encountered at the border

00:26:50and they are deemed to be, at the time of encounter, a threat to public safety or

00:26:56national security, they are a priority for detention. If not, they receive a

00:27:02notice to appear and are placed in immigration enforcement proceedings. The

00:27:07number of individuals encountered at the border exceed the number of beds

00:27:12available in our detention facilities. That is not something specific to this

00:27:17administration. That is something that has been true. You might have more beds if they

00:27:22remained in Mexico. Did the administration, when you came into office,

00:27:30reverse 92 executive orders of the Trump administration, which allowed them to

00:27:35apparently have people remain in Mexico, allowed them to have, you know, probably

00:27:4090% less parolees than you have? And so when you come to us and you say, oh gosh,

00:27:47if we only had more legislation we could do it, why don't you bring back the

00:27:53executive orders of Donald Trump that seem to be working? You immediately got

00:27:57rid of them for political purposes. The border's a disaster. Why don't you bring

00:28:01back the 92 executive orders that you reversed? I respectfully, Ranking Member

00:28:06Paul, disagree with the premise of your question. That's because you refuse to

00:28:10look at the facts and it's still, you know, I guess insulting to all of us and

00:28:16insulting to the memory of Lake and Riley and to the memory of others who

00:28:20have been killed by people who came into this country. March 2nd, an illegal alien

00:28:25who got into the country as it got away killed Washington State Trooper

00:28:29Christopher Gadd. A Haitian man who entered the U.S. via the CHNB parole

00:28:35program was arrested for sexual assault of a 15-year-old girl. March 21st,

00:28:41illegal aliens in El Paso rushed the fence. You saw that on national

00:28:45television. An illegal alien on March 23rd murdered 25-year-old Michigan

00:28:50resident Ruby Garcia. A Chinese national came across the border and illegally

00:28:56breached a military base in California. I mean, the stories go on and on and I think

00:29:02a lot of people in America are gonna be appalled, you know, that you refuse to

00:29:06answer the questions. Jose Ibarra, you know, was it lawful to

00:29:11parole him? Was it lawful to let him in the country because you say the camp's

00:29:16full? Ranking Member Paul is a former federal prosecutor for 12 years. I can

00:29:23say with tremendous conviction that individuals who commit criminal acts

00:29:28need to be held accountable for their crimes. Well, that's not much consolation

00:29:32if you wait until after he's murdered somebody. See, part of the problem is, and

00:29:35I think people would be aghast to know this, that when you come in, you just give

00:29:39people your name, right? It's the honor system. There may be some databases you

00:29:43check, but certainly most of the domestic crimes in Venezuela probably are not in

00:29:47any kind of international database. So if you waltz into the country through your

00:29:52generous parole programs and say, I'm John Smith from Venezuela, you have no

00:29:57way of ascertaining that. You still let them go. So you say, well, we're gonna

00:30:01make sure that they're not a violent criminal. You have no way. You look in

00:30:04some databases, maybe they're not in the database, but you have no way of even

00:30:08knowing that that's their name. Then you give them biometric, you give them, you

00:30:12know, you give them fingerprints. Now they have a new name and fingerprints. They

00:30:17essentially have been given a new identity by your agency. I don't know, I'm

00:30:21just so sickened and sad by the families that have lost loved ones from this. I

00:30:26don't see real remorse. I don't see you're willing to answer the questions. I

00:30:30mean, if it were me, I would be so upset by this. I would be doing everything

00:30:34possible to make sure that another Jose Ibarra doesn't get in. But apparently

00:30:38you lose brother in tune. His brother's got a rap sheet 10 times longer than

00:30:42Jose does. And so I don't know. All I can express is disappointment and

00:30:47bewilderment that the Democrats let you get away with it.

00:30:53Mr. Secretary, welcome. It's good to see you on behalf of most of us. I think in

00:31:00this body. Thank you for your service. You've taken on one of the toughest jobs

00:31:04of anybody in the government of our country. I am a big believer in

00:31:10bipartisan solutions. My colleagues have heard me said over and over again,

00:31:14bipartisan solutions are lasting solutions. I believe that is true. And

00:31:18I'm not interested in having talking points or getting on television. I just

00:31:22want to solve problems. And this is one of the problems that I'm going to not

00:31:27run for reelection, as you may know, this year. And on January 3rd, 2025, I

00:31:34will be a free man, not a free man in Paris, but a free man in Delaware. And

00:31:40I hope that we have dealt with these issues in a constructive way that will

00:31:46actually work. I just want to say, while Senator Lankford is here, just my

00:31:53heartfelt thanks to him, to Senator Sinema, and also to Senator Chris Murphy.

00:32:02They spent literally not days, but weeks, maybe even longer, working with the

00:32:08administration and particularly with you to try to find a bipartisan solution

00:32:13that could, a series of bipartisan solutions would help us address these

00:32:17issues. One of the, this is a shared responsibility. It's not all on the

00:32:22secretary of this department, or even the people who work in this department. It's a

00:32:26shared responsibility. It's a shared responsibility between the executive

00:32:30branch and the legislative branch. I've been privileged to serve on this

00:32:33committee since it was first created, to lead this committee. And when we're at

00:32:37our best, we work together. We worked across party lines, and we need to do

00:32:40that in this case as well. Let me just ask, if I can, Mr. Secretary, to

00:32:47think back on the last several weeks, months, as you worked in concert with the

00:32:54three of my colleagues that I've mentioned, three of our colleagues whose

00:32:57names I've mentioned. What are some of the, as we turn the page, and say, well

00:33:02let's actually try to solve this problem, address this issue, and resolve it.

00:33:06What are some key lessons that should emerge for us from those negotiations?

00:33:13Senator Carper, the Senate negotiated bipartisan legislation would have been

00:33:19transformative. It would have been transformative in two primary regards.

00:33:24One is the provision of resources to the Department of Homeland Security, and the

00:33:30other departments and agencies in the federal government that administer

00:33:34immigration law. It's not just additional Border Patrol agents, an Office of Field

00:33:41Operations officers within U.S. Customs and Border Protection, but it's over 4,000

00:33:48asylum officers, more immigration judges, as an example. In addition, and very

00:33:56importantly, it would have changed the system, the broken system, dramatically.

00:34:03One of the greatest infirmities of our current system is that it takes multiple

00:34:09years between the time of encounter and a final adjudication of an asylum case.

00:34:15The Senate negotiated bipartisan legislation would have taken that

00:34:20multi-year process that draws people to the United States, and it would

00:34:27have shrunk it to sometimes less than 90 days in duration, and that changes

00:34:33dramatically the risk calculation of intending migrants. It would have

00:34:38empowered us to use expedited removal, a speedier yet fair process for

00:34:45individuals not just in immigration detention, but for those outside of it as

00:34:49well. A transformative piece of legislation that was extremely tough yet

00:34:55fair. Let me just thank you for that. Most of us go home at the end of a

00:35:03legislative week, wherever we're from. I go home almost every night and come back

00:35:09the the next day that we're in session. I've been doing this for 23

00:35:12years, and I feel lucky to be that closely tied to my state. One of the

00:35:18things I do, I suspect my colleagues do as well, the days that we're

00:35:21not in session, I'm all over Delaware. We have only three counties. We

00:35:25have a million people, and we have a county day for each county during a week,

00:35:29and I visit businesses large and small. I visit schools, medical facilities, and

00:35:35so forth, but one of the questions I ask at these visits, the

00:35:40outcome customer calls, I ask, how are you doing? I ask, how are we doing in Congress,

00:35:47and what can we do to help? And more and more I hear a constant refrain,

00:35:56businesses large and small and other employers say, we just need somebody

00:36:01who'll come to work. That's what we need, and I would say in terms of a

00:36:06shared responsibility, if we're really serious about helping to meet the

00:36:10workforce needs of employers large and small in our different states and

00:36:15communities, one of the things we could do is to pass bipartisan legislation

00:36:21on dealing with workforce and with immigration. That would help us in a

00:36:31legal way, provide a path, a legal path for people to come and stay here for a

00:36:35while, not necessarily become citizens, but come here and work, and then meet the

00:36:39needs that I hear every week from our employers. One quick

00:36:44question, and I'll pass it to our next colleague, but can you just take a

00:36:49minute to please speak to the importance of not only funding the DHS budget

00:36:54request, but passing a bipartisan border deal so that the department can be

00:36:58properly resourced to carry out its border security missions. Could you

00:37:02please? With respect to the bipartisan... The importance of not only funding the

00:37:08budget request, but passing a bipartisan border deal. Senator, as I

00:37:15articulated before, it would add significant resources to our

00:37:22department that are significantly needed, not just at the border, but in the

00:37:28asylum process so that we can adjudicate those cases more rapidly and remove

00:37:34individuals who do not qualify for relief within a shorter period of

00:37:39time, and that has a dramatic impact on flows to the border. Good,

00:37:44thanks. And the last thing I would say before I turn it over to Senator Johnson

00:37:47is just a heartfelt thank you to your family. I can't imagine what it's been

00:37:52like for them to go through this literally the last five, six years, but

00:37:55thank you to all of them. With that, let me turn it over to Senator Johnson.

00:37:59Senator Johnson. Thank you, Mr. Chairman Emeritus. Mr. Secretary, you've seen this chart

00:38:04before. This chart not only shows just the undeniable reality of the catastrophe

00:38:11of your open border policy, but it also shows cause and effect. You know, dating

00:38:15back to 2012, the unlawful deferred action on childhood arrivals, that's what

00:38:20sparked all the subsequent crises, but I want to focus in the crisis that

00:38:24President Trump faced because of DACA, because of the reinterpretation of the

00:38:29Flores Settlement. He was rapidly... the number of apprehensions or number of

00:38:36encounters at the border was rapidly increasing to peak in May of 2019 of

00:38:41about 4,800 per day, per day. By the way, back in 2014, Obama hit his humanitarian

00:38:49crisis when he was part of... when he was Assistant Secretary, 2,200 a day, and President Obama

00:38:54called that a humanitarian crisis. But President Trump took action. He used the

00:38:58existing authority, although weakened by the Flores... the Flores Settlement

00:39:03reinterpretation. He used that authority and he secured the border. By April of

00:39:092020, we were down to a little over 500 individuals encountered at the border

00:39:15per day. 500 from almost 5,000... When you entered office, you reversed all those

00:39:24successful policies and you opened up the border and you've created this

00:39:28catastrophe, and it is a catastrophe. You know, six million people, more than six

00:39:33million people, the 31 states have a population less than the number of

00:39:37people you've let in, you know, flooding these sanctuary cities. So I've got a

00:39:41very simple question. Why did you do it? Senator... Why did you reverse those

00:39:48policies? Why did you open up the border? Why did you create this catastrophe?

00:39:52Senator, I respectfully disagree with the premise of your question. We did not

00:39:58open up the border. Senator, we enforced the law. We are facing... Do you deny you

00:40:04reversed the Trump policies that had secured the border? No, Senator. You

00:40:11deny that? No, Senator. That is not what I said. We enforced the law. You

00:40:19reversed the Trump policies that had secured the border. Senator, if we can

00:40:24look at your chart, I cannot see the bar graphs, forgive me, the chair is

00:40:29blocking them, but the former president's Remain in Mexico policy was

00:40:35implemented in January of 2019, and 2019 saw an almost 100% increase in the

00:40:43number of encounters over 2018. Mr. Senator, it went down to 500, and then with

00:40:49COVID, he started expelling people under Title 42, which, by the way, you

00:40:54canceled and you didn't have to do that. Let me ask you another question. Senator

00:40:59Paul was talking about Lake and Riley. I mean, I on the floor of the Senate, you

00:41:04know, read a list of a dozen people in the last four months, publicized murders,

00:41:09rapes, a two-year-old caught in the crossfire, crimes committed by people in

00:41:14this country illegally, that had not been for your reversing of the Trump

00:41:19policies, for your open border policy, those crimes would have been committed.

00:41:24I've got another simple question. Do you ever, when you go to bed at night, do you

00:41:31have any regrets? Do you have any remorse for your complicity in

00:41:39these crimes? I mean, you have, your open border policy is aided and

00:41:44abetted. The murder of Americans, the rape of Americans, there are,

00:41:50people have lost their loved ones because of this catastrophe, this open

00:41:54border policy. Do you have any remorse? Do you have any regrets? Senator, two

00:41:59points. One, very importantly, all of our hearts break for the victims of these

00:42:06heinous crimes and their loved ones. Secondly, the criminals who committed

00:42:12those crimes are responsible for their criminal conduct. They wouldn't have been

00:42:15into this country had you not allowed them in through your open border. Do you

00:42:20ever call up the families of the crime victims? Do you ever talk to

00:42:25Lakin Riley's family? Senator, as I stated previously, all of our

00:42:32hearts break for the loved ones of those who have been lost at the hands of

00:42:36criminal conduct. Good, okay, so your heart is broken. Do you have regrets? Do

00:42:43you admit your culpability here? Do you admit that your actions have resulted in

00:42:49the deaths and the murders and the assaults of thousands of Americans? I've

00:42:54got the CBP statistics here. Battery, assault and battery up 5.7 times over

00:43:02the last few years, what it was in 2020. Homicide up 17 times. Again, these are

00:43:08from keep people in this country illegally. Sexual offenses up two and a

00:43:14half times. Again, that's the direct result of your actions, of President

00:43:20Biden's actions. Quite honestly, of actions of Democrats in the Senate who

00:43:24refused to vote to complete the wall, which would have helped. It's not the

00:43:29full solution. The full solution is actually having a president and

00:43:32Secretary of Homeland Security that wants a secure border. Our problem is we

00:43:35have a president, a Secretary of Homeland Security, Democrats in Congress who want

00:43:40an open border that caused this problem and they won't admit it. They won't admit

00:43:45it. President Trump had the authority, used that exact same presidential

00:43:49authority to open up the border. Now you refuse to secure the border. By the way,

00:43:54this bipartisan bill, let me paraphrase a pretty accurate quote of Senator

00:43:59Schumer, too political. He said, we were playing chess, they were playing checkers,

00:44:06and we got our Ukraine funding. And we're in a lot better shape than we were three

00:44:12months ago on the border. You weren't negotiating to secure the border. You

00:44:17were negotiating for political cover for yourself, for President Biden, or for the

00:44:22Democrats in the Senate and Congress. That's what you were doing. You were not

00:44:25serious. If you were serious about securing the border, you could have done

00:44:28it. By the way, if you were serious about having a closed border, a secure border, you

00:44:32would have let it remain secure. You would have left those policies that

00:44:37worked, that secured the border, that would have allowed us to establish a

00:44:43functioning legal immigration system. But you blew it all up and that's the result.

00:44:50That's the result. That's the catastrophe. And you've been denying before this

00:44:54committee repeatedly that this isn't even a, it's not even a problem, Senator,

00:44:59it's a challenge. This is a catastrophe, Mr., and I cannot believe you have no remorse.

00:45:04Time expired. Senator Lankford? Secretary Mayorkas, you and I spent a lot of time

00:45:12together. I would dare say that you and I spend more time together than anyone on

00:45:17this dais. I, you and I both know there are things the executive branch can do

00:45:24and there are things that Congress can do to be able to attack this. The

00:45:28challenge becomes trying to get those things implemented to be able to do it.

00:45:31There's a rumor that's out there that the administration's considering a

00:45:36change in 212F authorities and that there may be some new executive

00:45:41authority used during this time period. Can you give us some insight of what

00:45:44that might be and what is under consideration? Senator, I'm very proud of

00:45:50the time that we spent together negotiating what would have been a

00:45:54transformative solution to our broken immigration system. We, we in the

00:46:00government, consider consistently all the time what options are available to us.

00:46:06That is, that is the responsibility of good government. We have not made any

00:46:14decisions that I'm in a position to announce today, but I can assure you that

00:46:18we consider all the options before us in executing our responsibilities to the

00:46:23American people. You have an idea of a time period when that might be

00:46:26implemented? I know you're making some considerations on that. When would we

00:46:30know? There, there has been no decision made yet. I don't have a time frame to

00:46:35present to you. There, there were clearly, as Senator Johnson mentioned, there are

00:46:39clearly differences in how President Trump enforced the border. There's also

00:46:42differences in how President Obama enforced the border than how it's

00:46:44currently being done now through the same executive authorities of things

00:46:48that were out there. The negotiated agreements with Guatemala, Honduras and

00:46:53El Salvador at the time that President Trump had achieved. We don't have that

00:46:57same kind of agreement with them. I've had some Guatemalan leaders that have

00:47:00reached out to me and said, we want to reestablish some of those same type of

00:47:04agreements that are there to be able to get that we don't have some of the same

00:47:07enforcement mechanisms. I know the court stepped back in and said, the

00:47:11remaining Mexico, the MPP, we've got to be able to reinstitute. The facility

00:47:15was changed on it, but the enforcement is different there. There are

00:47:17differences that are there. I think what needs to be done here is President

00:47:22Biden DHS to use all the levers that you have to be able to enforce the

00:47:28border, as President Obama did, as President Trump did. This Congress also

00:47:32has a responsibility as well. What we had negotiated together was doubling the

00:47:38number of deportation flights, dramatically increasing the number of

00:47:40detention beds, increasing agents, increasing officers, increasing the

00:47:44number of immigration judges, increasing asylum officers, changing the definition

00:47:49of asylum so that there's a more rapid turnaround in that process, changing the

00:47:53process for expedited removal so that you're not hamstrung with some of the

00:47:57court decisions that have been made in the past. All those things were dramatic

00:48:01changes that Congress needs to do. So I've been hard on members here to say

00:48:06we've got work that we've got to do, but you and I have had frank conversations

00:48:10as well to be able to say there are things that the administration can do. I

00:48:13encourage State Department to be more focused on recalcitrant countries in

00:48:17turning people around. I encourage Department of Justice to be more clear

00:48:21on enforcement on things that they're not doing either right now, but the

00:48:25frustration that you hear from the dais here is a sense that, yeah, Congress has

00:48:29things that we need to do, but we don't feel like State Department, DOJ, and DHS

00:48:33is using every tool at their resource. So I would tell you we're eager to see

00:48:36the 212F and what is being determined at this point and what can be done,

00:48:40because this last number I saw, I think we had about 5,800 people that crossed

00:48:44yesterday, and so obviously that's an intolerable number for everybody on it.

00:48:49If I can ask a quick question as well, you and I've talked several times about

00:48:52special interest aliens. This is a different group out there that's been

00:48:56difficult to get information about. It's a group that DHS has defined for a while

00:48:59as folks with a potential for a national security risk. We understand there are

00:49:04thousands of individuals that have been designated as a special interest alien,

00:49:08but we can't get any information on it. This committee that has the oversight

00:49:12has had one briefing on it, and it was a last year that was a bipartisan briefing,

00:49:18and Senator Sinema and I worked for months to be able to get that one

00:49:22classified briefing on it. Since that briefing time, we've asked for a follow-up

00:49:26and we've gotten nothing on it to get details. How many special interest aliens,

00:49:31where are they coming from, what are the details on those? These are folks that

00:49:35your team has identified as a potential national security risk. We don't know how

00:49:39they're being handled, but it is our understanding thousands of them are

00:49:41being released. Can you give us any clarity on that and can you give us a

00:49:45time that we'll be able to get access to that information about those folks?

00:49:47Senator, I'm very disappointed to hear that you feel that we haven't provided

00:49:53you with the information you've requested with respect to special

00:49:56interest aliens. I will work with my team to ensure a briefing of those of

00:50:02you who are interested in this very important subject in an appropriate

00:50:06setting. Great. We have followed up, I have a list here of the number of requests.

00:50:10We've had six formal requests to your office just this calendar year, and every

00:50:15time we've not received an answer to it. So we absolutely need more information

00:50:20about this because that's a very special concern to us to try to

00:50:23figure out how do we actually get that resolved. On the budget request that's

00:50:26coming out, when you and I worked on the supplemental piece, we included funding

00:50:31for 50,000 detention beds and for deportation flights to be dramatically

00:50:36increased. Part of the issue was obviously if we're releasing people,

00:50:40especially single adults, it just increases the number of people that are

00:50:43coming. If we don't turn people around there aren't immediate consequences, then

00:50:47more people just come because there's a delayed consequence, which is really no

00:50:51consequence. So my question is, in the budget request, we're to 34,000 beds for

00:50:57budget requests. Why that number when we know we could get up to 50,000 or at

00:51:03least to 40,000 we could get up to, why a lower number in a budget request rather

00:51:07than the number that you know you need? Senator, you know, the budget is of

00:51:13course presented under the context of the Fiscal Responsibility Act. Our 2025

00:51:18budget was presented before the 2024 budget was enacted. We fully support the

00:51:2541,500 detention beds that were presented in the fiscal year 2024

00:51:32budget. I continue to believe that in the context of the Senate's bipartisan

00:51:36legislation, the 50 or 55,000 beds was an advancement in our efforts and we

00:51:46look forward to working with this committee and Congress on funding the

00:51:52detention beds that are needed. I hope that's so. We've got to be able to get

00:51:56that resolved. That's a serious issue that only Congress can resolve, but

00:51:59we've got to be able to implement. We need the White House to also make the request on

00:52:02it. One last thing, I'll just ask for the record if you don't mind, Mr. Chairman, on

00:52:04this. DHS Ombudsman for Citizenship Immigration Services found this

00:52:09statement, the parole programs that are currently being used at our southern

00:52:13border that are allowing more people to come in. The parole programs require

00:52:17diverting funding and employee resources within USCIS from other immigration

00:52:22programs. We've experienced this in our office. It's become harder for legal

00:52:26immigration and the Ombudsman is saying it's because some of these resources are

00:52:30being funneled to the border processing parole there. Love to have a statement

00:52:33back from your office in writing on if that's true, what's being done to be able

00:52:37to change it. If it's not true, why is that not true? Thank you, Senator Lankford, and I

00:52:41appreciate trying to stay on that timeline. I appreciate that. For those of

00:52:45you who weren't here, we have, our colleagues are all trying to, everybody

00:52:48wants to ask questions. Everybody is scheduling tightly, so if you try to stay

00:52:53to your time, I would appreciate that. Senator Romney, you're recognized for

00:52:57your questions. Thank you, Mr. Chairman. Mr. Secretary, in the last three and a

00:53:01third years during your term, there have been more illegal aliens released into

00:53:07the country than under the four prior presidents combined. I know there may be

00:53:12some in the country that applaud that, but I believe that, frankly, if President

00:53:19Biden is to be turned out of office, it will be largely because of that failure

00:53:23on your part and his part as the person who's responsible for policy. I believe,

00:53:29and I think the great majority of the American people believe, and that reason

00:53:32why I think it's such a political bomb for the president, that this is an

00:53:36extraordinary crisis and failure. Do you believe that the numbers that you saw

00:53:41that Senator Johnson put up, that huge increase in the number of illegal

00:53:46aliens being released into the country, that that is a crisis and a terrible

00:53:50problem? I have, Senator. That's a yes or no. Senator, I have said

00:53:55previously that it is a crisis and it is something that we work to address every

00:54:00single day. Good, thank you. Let me turn, the House, I believe, House of

00:54:06Representatives, took action to underscore the extent of this crisis and

00:54:11the Democrats decided they didn't want to spend more time talking about that,

00:54:15but I'm gonna ask you a couple questions. They're not intended to be hostile, but

00:54:18the House said that you lied when you said to the House in a hearing that the

00:54:24border was secure. Why did you say the border was secure? Was that a lie? What do

00:54:28you mean by that? Senator Romney, allow me to assure you that I have honored the

00:54:34oath of office that I have taken more than five times in my 22 plus years of

00:54:40federal service. Let me go back to the question. That's as accurate as it is

00:54:45irrelevant, which is, my question is, you said the border was secure. What did you

00:54:51mean when you said the border was secure? Is that not a lie? Senator, I have, you've

00:54:56asked me now if that is a lie, and I have assured you that I have honored the

00:55:01oath of office. In what way was it not a lie then? Senator, with the resources and

00:55:06authorities that we have, it is as secure as it can be. Thank you. Second question.

00:55:13The law states, and the House correctly noted, that encounters at the border and

00:55:20people seeking parole and so forth should be detained, and yet you released

00:55:24them. Why did you release them? Senator, we release individuals into immigration

00:55:30enforcement proceedings when our detention capacity cannot meet them in

00:55:38detention, and they do not pose a threat to public safety or national security

00:55:43based upon the screening and vetting that we perform at the border. Clearly

00:55:47that screening and vetting was insufficient given the number of

00:55:49murders and other crimes committed by a number of those people so released.

00:55:53But is there a law when the detention facility is full? I understand

00:55:56why you say I can't put them in detention, which the law requires, if

00:55:59there's no more detention space. But does the law indicate what you then do?

00:56:04Because under President Trump, they were sent back to Mexico, as I understand it,

00:56:08and under your administration, they were released into the country. Am I wrong in

00:56:12that assessment? Yes, you are, Senator, respectfully. But you want to explain in

00:56:16what way? Of course, because I believe, and I want to be accurate in the

00:56:21data that I provide to you, and so I will verify subsequent to this hearing,

00:56:26Senator, I believe that a total of approximately 70,000 people were

00:56:31processed through the Remain in Mexico policy, and the balance were either

00:56:37detained or placed into immigration enforcement proceedings on a non-detained

00:56:43docket with a notice to appear. That is something that has been characteristic

00:56:48of our broken immigration system. Do you have any sense of the proportion? How

00:56:52many were sent back to Mexico, and how many were released into the country? I

00:56:56would be pleased to provide that to you subsequently, Senator. That would be helpful.

00:57:00The law also, and the House correctly noted, that asylum seekers should be

00:57:05evaluated individually, not released on block, and yet they were released on

00:57:09block. Why is that? Senator, I don't know to what the House was referring, because

00:57:15we make individualized asylum determinations. Our asylum officers are

00:57:20trained to do so based upon the facts presented to them in each case. Well, I

00:57:25would refer you to the Articles of Impeachment, which I presume you've had

00:57:28the chance to read. Is that right? Actually, I have not read the Articles of

00:57:33Impeachment. I probably would, I probably want to do that, because it alleges that

00:57:36you haven't, that you did not follow the law of the United States of America, and

00:57:39either you or your legal counsel ought to read that to make sure that you are

00:57:43following the law of the United States of America, but it indicates that

00:57:46individuals are to be evaluated individually and not let go or not

00:57:50released into the country on block, and yet it says that you did release on

00:57:53block large numbers of individuals into the country that should have been

00:57:57individually evaluated. Is that the case or not the case? That is not the case.

00:58:02Thank you, Mr. Chairman. I've used my time. Thank you. I appreciate that, Senator

00:58:07Romney, a great deal, and your colleagues appreciate that. Senator Scott, you

00:58:11recognized for your questions. Senator Boniorkis, you're the first

00:58:16cabinet official to be impeached in our country's history. I think it's a sad

00:58:20first for our nation, not because this wasn't warranted, but because it was

00:58:25completely warranted by your catastrophic failure that has created a wide

00:58:29open border. I personally fully support what the House did. I think I've been

00:58:34honest with you that I view your job, how I view your job performance. I don't

00:58:39believe not just once, but multiple times you lied under oath that this

00:58:42commit that the border was secure. It's not. I think that's clearly a lie, and

00:58:48it's a lie that our nation is reeling for the consequences of your failures.

00:58:51I've talked to a lot of people at CBP and people at ICE and they're doing the

00:58:56best they can, but your horrific policies make their jobs impossible and they've

00:59:00been clear with me about that. Here's what- when I talk to people about you,

00:59:07they don't get it. They say, does he care about the thousand Americans who have

00:59:14died from drug overdoses because of your lawless policies? Does he care about the

00:59:19Americans who've been killed and viciously raped by illegal aliens that

00:59:23you and President Biden have invited into this country? They say, do you care

00:59:27about the devastation that could happen at the hands of the hundreds of terrorists

00:59:30that have been let into our country? Does he care that even the FBI director is

00:59:35concerned about the terrorists you and President Biden have allowed into the-

00:59:38into America? At my state, they're furious. They don't think you care at all. Just

00:59:49about everybody I talk to believes that America is a way more dangerous place

00:59:52because you have allowed criminals, drugs, terrorists, and other dangerous people

00:59:58into our communities. Just week- just this week, the House Select Committee on the

01:00:03CCP released a damning report on the fentanyl you've let pour into America

01:00:07through the southern border. Here's how the AP reported on the committee's report.

01:00:11The article said, quote, the Chinese government not only subsidizes the

01:00:16manufacture of precursor chemicals, but the report says it is a thwarted

01:00:20investigation until illicit manufacturers by warning the targets of

01:00:24investigation when US law enforcement has sent a formal request for assistance.

01:00:28Investigators said multiple current and former federal agents have described the

01:00:32notification of targets, leading those targets to revamp operation and make it

01:00:36harder to detect their activities. I can't imagine if I was sitting in your

01:00:40position I'd like to hear this, but the government of Communist China seems to

01:00:44know that because of your policies and wide open border, you and President Biden

01:00:48have- have created that they get to do whatever they want. Now what we know is

01:00:54Communist China wants to destroy the United States and they want to murder

01:00:58thousands of Americans with fentanyl. Communist China is poisoning our nation and

01:01:02taking the lives of more than 70,000 Americans each and every year. I assume

01:01:07you know this, but I personally can't say anything that shows that you care about it.

01:01:11There are real consequences to your failure to secure the border and every

01:01:15victim's got a name. Unfortunately, real Americans are being

01:01:19killed, families are being torn apart by vicious crimes and deadly drugs because

01:01:24we have a wide open border and we do. Last time on the floor I spoke about one

01:01:29of the Americans who was murdered by Communist China's fentanyl that- that the

01:01:33cartels are pushing into our country every day. Name's Ashley Dunn. Ashley's

01:01:38mother said that Ashley was murdered by your failure to stop fentanyl from

01:01:42pouring into the United States. Other innocent Americans like Lakin Riley are

01:01:47also paying the ultimate price for your failures. As we all know, Lakin was

01:01:51brutally murdered and an illegal alien has been charged with that heinous crime.

01:01:56Your agency just confirmed that this monster was in the U.S. after being

01:02:00paroled by DHS. Not for humanitarian reasons, but because you claimed you

01:02:07didn't have detention capacity. That's not how law is supposed to work. What you

01:02:13did is against the law and if you follow the law, Lakin Riley would still be alive.

01:02:18If you look at the chart, it seems like must be over 10 million people have been-

01:02:22have illegally crossed. Six million have allowed to stay here and you've rolled

01:02:26out the red carpet for them. There have been sexual assaults and murders

01:02:30committed by illegal aliens all over the country. Even in Florida, more just

01:02:36recently, a young man was killed. The man charged with his death is an illegal

01:02:40alien. So let me go back to what I said in the beginning. The Republican

01:02:47majority in the House is now- they voted to impeach you for violating your oath of

01:02:51office. Whether you believe that was right or wrong, that happened. You should

01:02:56then have a trial to make your case. But unlike what happened in 2019 when

01:03:00Democrats alone voted to impeach the president and Republicans controlled the

01:03:04Senate, Majority Leader Chuck Schumer decided to deny you the ability to

01:03:07defend yourself in a trial. Seems to me that Schumer didn't want to let you

01:03:13defend yourself in trial for one of a couple reasons. He's either acting out of

01:03:17pure political interest to protect his incumbent members who don't want to talk

01:03:21about your record and the wide-open border you have created and all the

01:03:25crime, drugs, and illegal immigration it's allowing, or he's terrified of a trial

01:03:30exposing your failure to a degree that acquittal would be extremely painful for

01:03:35Democrats to explain to the American public. Here's why I don't understand.

01:03:39Just a few weeks ago, Senate Democrats all voted against a bill to stop illegal

01:03:43aliens from getting on a commercial flight with no verifiable ID. This is

01:03:49shocking considering that a recent report identified that in 2023 alone, you

01:03:53approved the transit of 320,000 inadmissible illegal aliens to 43 U.S.

01:03:58airports, pre-approved by DHS through the CBP-1 app, many of them going through my

01:04:05home state of Florida on commercial flights. Democrats voted against a

01:04:09deporting illegal aliens who hurt police, like the violent attack on

01:04:13uniformed police officers in New York City by a group of illegal migrants, some

01:04:18of whom with known gang affiliations who unlawfully enter the country under your

01:04:21watch. And Democrats vote against the Lake and Riley Act, which simply requires ICE

01:04:26to take illegal aliens who commit crimes into custody before tragedies strike. So

01:04:31it seems to me the Democrats have no problem voting to keep this border crisis

01:04:34going, and it's a crisis, whether you want to acknowledge it or not, and blocking

01:04:38every attempt that Republicans make to stop the crime and secure the border. But

01:04:41when it comes to you, they shut everything down and don't don't allow you to speak.

01:04:45You seem like a smart guy. Your former prosecutors show you know how to handle

01:04:49yourself and defend your actions. Surprised you didn't read what they said

01:04:52about you in the House. Surely you believe you have a case to present to

01:04:56American people on why you should not be found guilty, but you didn't get that

01:04:59chance and Senate Democrats are setting a new precedent. They're destroying the

01:05:02rules and traditions of the Senate to keep you quiet. Do you think you're being

01:05:07silenced because Democrats are terrified of your record and unable to

01:05:11defend you or because they don't trust you? Neither, Senator. Senator Hawley, you're

01:05:19recognized for your questions. Thank you very much, Mr. Chairman. Mr. Secretary,

01:05:23let's just come back to Jose Ibarra, if we can. You know who that is. That's a

01:05:29question. You know what he did? I know what he's accused of doing. Which is?

01:05:36Murdering a young woman. And that wasn't the first crime that he committed in

01:05:40this country, was it? Senator, as I've articulated previously, I'm not going to

01:05:45speak about the facts of the case because there is an ongoing criminal

01:05:49investigation. Have you read his parole file? Senator, the same answer. So you're

01:05:56not gonna say whether or not you've read the parole file? I've got it right here.

01:05:58Have you read this? Senator, I do not want to speak to the particulars of the

01:06:03case given the pending criminal prosecution. I find this interesting because you, this is a

01:06:08new answer today. You've changed your answers all over the map on this and it

01:06:12looks like to me you just don't want to answer the question. Two days ago, two

01:06:17days ago, you were asked about this in the House Homeland Security Committee.

01:06:20I've got the transcripts right here in front of me. You were asked the same

01:06:23question. Jose Ibarra, why was he paroled? You said, I don't know. You said, I don't

01:06:29know. I don't have the case details with me today. Congressman Bishop says, you

01:06:34don't know, and you said, I don't know. I don't have the details with respect to

01:06:39that individual's case, but I would be pleased to provide them to you,

01:06:42Congressman. You didn't know two days ago. Now, interestingly, on April the 10th, six

01:06:48days before that, you gave Senator Katie Britt a different answer. She asked you

01:06:52the same question. She said, why was Jose Ibarra paroled into the United States?

01:06:58You said, and I quote, ranking member Britt, there was no derogatory information

01:07:05of which we were aware. So you were happy to comment on the case then on April the

01:07:1010th. By April the 16th, you had developed amnesia, and today you say you just won't

01:07:14comment. So which is it, Mr. Secretary? Now that we have the file, I'll tell you

01:07:18what the difference is. Congressman Bishop didn't have the parole file, and

01:07:22Senator Britt didn't have the parole file, and now we do have the parole file, and

01:07:27now we all know that the reason he was paroled into this country was because

01:07:32lack of detention capacity, which, as you and I both know, is not a valid reason

01:07:38under the statute. And now that we know that for sure, this is right out of the

01:07:42parole file. Here it is. Subject was paroled due to detention capacity at the

01:07:47Central Processing Center in El Paso, Texas. Now, suddenly, you don't want to

01:07:51talk about it. This is extraordinary. It's also a pattern with you. So, let me

01:07:58just try one more time. Have you read the parole file? Senator, I'm gonna give the

01:08:01same answer, and let me say it. Well, which one? Are you gonna give me the

01:08:05answer you gave to Senator Britt? Are you gonna give the answer you gave to

01:08:07Congressman Bishop, or the answer you gave to Senator Paul, or do you want to

01:08:11try a fourth one? Senator, I will not speak to the particulars of the case

01:08:14given the pending criminal prosecution. Yeah, well, I'm sure. Well, you certainly, of

01:08:18course, you don't want to, because it is an absolutely damning indictment of your

01:08:23policies. Let's just review Jose Barrera, and how Ibarra, rather, and how he came to

01:08:28be here. On September the 8th, 2022, he was encountered by United States Border

01:08:32Patrol in El Paso, Texas, and was paroled into the United States due to lack of

01:08:37detention capacity. A provision, a proviso, a rule that is not permitted under the

01:08:42statute. You and I both know you know this. You knew it when you were talking

01:08:46to Congressman Bishop. You knew it when you were testifying to Senator Britt, and

01:08:50you know it today. You just never wanted to cop to it, because the statute doesn't

01:08:54permit it. And so you lied to Congressman Bishop, and you lied to Senator Britt. And

01:08:58now you are hiding behind the ongoing prosecution excuse, because it's the last

01:09:03one left to you. Because you testified falsely under oath. Then, on July 19th,

01:09:092023, Ibarra reports for a biometric appointment and was fingerprinted. This

01:09:13is now in New York. The results come back and indicate he has a criminal

01:09:16history. So he's in this country. He has a criminal history. September 14th, he is

01:09:21arrested in New York by NYPD for what? Injuring a child. September 14th, 2023, he

01:09:27is arrested for injuring a child. What happens? The offense was never

01:09:31prosecuted, and the arrest was expunged. I'm reading right out of the parole file.

01:09:35Expunged. Nothing is done to this guy. He had a criminal record to start with. He's

01:09:40in the country on illegal grounds. You have falsely and illegally allowed him

01:09:43in. He commits a crime against a child. He's not prosecuted. It's expunged. In

01:09:47November, get this, in November, Ibarra files an application for employment

01:09:52authorization. And unbelievably, on December the 9th, 2023, it's approved. So

01:09:58this is your policies in action, Mr. Secretary. A criminal is permitted into

01:10:03this country on grounds flatly not permitted, flatly contradictory to the

01:10:07statute. He commits a crime against a child, and then he gets a work permit. He

01:10:11gets a work permit. You want to know why all of the jobs in the last two or three

01:10:15years have gone to illegal migrants? Working people in this country can't get

01:10:20a job. Their unemployment rate's high. Why? Because of things like this. And then

01:10:23what's he do? Well, we all know. Then in February, he commits the heinous crime

01:10:27against Lake and Riley. Is this a record that you are proud of?

01:10:33Senator, you've misstated some facts. I have read from the parole file, which

01:10:41you have said you don't recall, don't have, you miscited. I'm reading from it.

01:10:46It is right here. And I've just, pursuant to the speech and debate clause, I have

01:10:51just read it into the record. And the reason is, you have lied repeatedly to

01:10:57Congress and to the American people about this. They deserve to know. And the

01:11:02only way they're gonna know is if I tell them. I've just told them. It's in

01:11:05the record now. I've read it verbatim from the parole file. Verbatim. I just

01:11:11want to know, why did you change your story so often? Why didn't you just

01:11:13answer honestly to Congressman Bishop and Senator Brett? Senator, I am confident

01:11:19that justice will be vindicated in the criminal prosecution of the case. Well,

01:11:23hopefully he'll get more of a trial than you got. Otherwise, there'll be no justice

01:11:27for anyone at all. Let me ask you something else. Travis Wolf, do you know

01:11:32that name? Not off the top of my head. Travis Wolf is a 12-year-old boy from Missouri.

01:11:39This is him. Travis was killed on December 20th, 2023, or I should say he

01:11:46was in a tragic attack on that night. He died some weeks later, head-on collision.

01:11:51The person driving the vehicle, who's now been charged with six criminal counts, is

01:11:56Indrina Bracco. Do you know who that is? I do not, but let me communicate that I

01:12:05know that all of our hearts break for the family of this young boy who died in

01:12:11that accident. Well, she's an illegal migrant here from Venezuela. Local law

01:12:17enforcement tell me that she was detained briefly at the border in 2023

01:12:21and then released. And then she commits this crime. Multiple people have been

01:12:27stabbed in O'Fallon, Missouri, by illegal migrants. Mr. Secretary, I know that you

01:12:34think your policies are a success. You sat right there in that chair and you've

01:12:36told me over and over our policies are working. You're on the record years and

01:12:40years saying that. Maybe they're working for you. Maybe they're working for your

01:12:43political objectives, whatever they may be. I don't know. But they're not working

01:12:47for Lakin Riley or Travis Wolf or the people of my state. They are, in fact, a

01:12:52travesty. What you have done is a travesty. And, sir, it is long past time

01:12:58for you to go. Thank you, Mr. Chairman. Senator Hassan, you're recognized for your

01:13:01questions. Well, thank you, Chairman Peters and Ranking Member Paul for this

01:13:05hearing. Thank you, Mr. Secretary, for coming before the committee today. And

01:13:10let me just note that the tragedies and terrible crimes that Senator Hawley

01:13:17just talked about might be ones we could prevent in the future if Senator Hawley

01:13:23and his colleagues on the other side of the aisle had voted for a

01:13:27bipartisan measure that would have significantly increased our detention

01:13:32capacity, our personnel, would have changed policies for standards of who

01:13:36could seek and be granted asylum. But, as the chair noted at the beginning of this

01:13:41hearing, there are people, it appears, who are more interested in throwing rocks

01:13:45than solving problems. So, I appreciate the hard work that you did, Mr. Secretary,

01:13:51and your team did to try to help us broker that bipartisan deal that would

01:13:56have improved our capacity to secure the border. So, let me just start with my

01:14:02first question. The most important task for the government is keeping its

01:14:06citizens safe. That includes keeping our border secure. Last year, DHS set a new

01:14:13record for the number of people it encountered at the southwest border.

01:14:16Based on DHS's own data for the first five months of this current fiscal year,

01:14:21DHS has already encountered more than 1.3 million people, and the department is

01:14:26on pace for even more total encounters than last year. I've traveled to our U.S.-

01:14:32Mexico border multiple times. I've seen and heard firsthand the challenges that

01:14:36our border agents and officers face. DHS needs to do everything it can to address

01:14:42the crisis along the southern border, improve operational control, and track

01:14:46who and what is entering our country. Mr. Secretary, what are one or two specific

01:14:52resources or authorities that you need to improve the department's operational

01:14:56control of the border? Thank you very much, Senator, for the question. We need

01:15:01more personnel. We need more funds to enhance our work with our partners to

01:15:09the south, more funds to execute more removal flights, to work our interdiction

01:15:16efforts with Mexico, Panama, Colombia, countries along the migratory path. The

01:15:23key, the key or one key, Senator, is to reduce the number of individuals that we

01:15:31whom we encounter at the border in the first instance, and then we need

01:15:36additional resources to ensure that we can remove those who do not qualify for

01:15:42relief under our laws as quickly as possible. We need a holistic approach and

01:15:47the bipartisan Senate legislation that was negotiated would have delivered a

01:15:54holistic approach. Well, thank you. It also would have delivered additional help

01:15:59when it comes to the fentanyl crisis that we have, and that's the topic of my

01:16:05second question. Fentanyl and other deadly synthetic opioids are causing

01:16:09devastating overdoses in the Granite State and in communities all across our

01:16:14country. Due to the strength of synthetic opioids, critical organ, criminal

01:16:18organizations are able to smuggle fentanyl in smaller and smaller

01:16:21quantities, which makes it far harder to detect and interdict. What additional

01:16:26equipment and resources does DHS need to detect fentanyl that cartels smuggle

01:16:31into our country, including in smaller and more difficult to detect packages?

01:16:35Senator, the majority of the fentanyl smuggled into our country is smuggled in

01:16:40passenger vehicles and commercial trucks through our ports of entry. What we need

01:16:45there is funding for non-intrusive inspection technology and additional

01:16:51funding for more personnel. That is with respect to the ports of entry. Those

01:16:56are two examples of what is needed. With respect to the small quantities, we need

01:17:02additional personnel because there is a de minimis exemption under the law with

01:17:10respect to small parcels, and I have visited our mail facilities, for example

01:17:15in Kennedy International Airport, where we see dangerous narcotics smuggled into

01:17:21the country. We need personnel and technology to enhance our capabilities

01:17:25there. Those are just some of the examples. Well, thank you. One of the

01:17:30other areas where we really have to push is with the supply chain to the cartels

01:17:35of the precursor chemicals. So I've pushed the Chinese government to do more

01:17:39to stop illegal trafficking of fentanyl precursors to Mexico from China, which

01:17:45the cartels then use to manufacture and smuggle fentanyl into the United States.

01:17:49How are Homeland Security investigations and Custom and Border Protection working

01:17:53to disrupt this global supply chain for illegal fentanyl? If I may say just a few

01:18:00predicate things, Senator. We are focused every single day on the fight

01:18:09against fentanyl, which is the most dangerous drug that I have seen in my

01:18:1622 years of public service, and I prosecuted black tar heroin traffickers.

01:18:22The mortality rate, the fatality that fentanyl causes is unprecedented, and we

01:18:31fight every day against this scourge. It is a scourge that is not one, two, or

01:18:37three years in the making. This has been many, many years. In fact, I believe it is

01:18:43in 2020 that 57,000 deaths at the hands of the deadly fentanyl occurred. Just a

01:18:51couple months ago, I met with my counterpart from the People's Republic

01:18:55of China to confront the issue of the precursor chemicals and the equipment

01:19:01used to manufacture fentanyl emanating from the People's Republic of China, and

01:19:07we are seeking to tackle that challenge in a very difficult relationship, but we

01:19:13are very focused on the scourge of fentanyl from all perspectives. Thank you.

01:19:19I will follow up with you on that a little bit more, but I have one final

01:19:22question. I want to ask about the Department's efforts to assess two

01:19:27growing terrorist threats to the homeland. ISIS-K's horrific attack on a

01:19:31Russian concert hall in March demonstrated that it has grown its

01:19:35operational capabilities to strike anywhere in the world. Last year, General

01:19:39Michael Carrillo, commander of CENTCOM, predicted that ISIS-K would be able to

01:19:44attack the U.S. and Western interests in as little as six months and with little

01:19:49to no warning. That is his quote. DHS and its partners need to be alert and

01:19:53prepared for ISIS-K. Separately, we also witnessed Iran launch an unprecedented

01:19:58direct attack on Israel last weekend. While Iran has typically used proxies in

01:20:04other countries to attack Israel and Western countries, this time it launched

01:20:09a direct attack. If I could just ask briefly, how do the Department, how does

01:20:14the Department of Homeland Security and its partners in the intelligence

01:20:18community assess the separate threats posed by ISIS-K and Iran to the U.S.

01:20:22homeland? Senator Director Wray has put it succinctly, we are in a heightened

01:20:27threat environment for the reasons that you have articulated. Thank you.

01:20:32Senator Rosen, you're recognized for your questions. Well, thank you Chairman Peters for

01:20:36holding this hearing and thank you for being here, Secretary Mayorkas, and for

01:20:40testifying before the committee today. I'm going to build on what Senator Hassan

01:20:46was talking about, about combating fentanyl at the border, because in

01:20:50January I did visit the southern border again and spoke directly with law

01:20:54enforcement personnel about the work that they do to stop the flow of

01:20:58illicit drugs into our country and halting the flow of deadly substances

01:21:01like fentanyl. It's one of my top priorities, your top priorities, I think

01:21:05it's everybody's top priority. And I've been proud to work across the aisle to

01:21:09pass common-sense bipartisan legislation to keep our community safe.

01:21:13And just last month I'm proud to say President Biden signed into law the

01:21:17End Fentanyl Act, which I introduced with Senator Scott on this committee, Rick

01:21:22Scott, and Senator Hassan. The new law is going to help us crack down on drug

01:21:26smuggling by requiring CBP to update its guidance for drug seizures at least once

01:21:31every three years and be sure it's up to date on all our new substances. During my

01:21:37visit to the border I was also able to see how CBP officers used tools

01:21:40including advanced technology to improve security at the border. However, I was

01:21:45extremely concerned to see a recent report of many of the high-tech scanners

01:21:50that we've provided CBP officers to identify and stop the fentanyls coming

01:21:54in through vehicles, right? They're sitting unused in warehouses and that's

01:21:59because Congress hasn't provided the funding to install them. And so the

01:22:03bipartisan border security supplemental that you helped negotiate, I was proud to

01:22:09vote for, did include money for the installation. But some of my colleagues

01:22:13across the aisle blocked the passage of this bill from the Senate. So, Mr.

01:22:19Secretary, can you tell us a bit more about how important these scanners are,

01:22:23this new technology in stopping fentanyl, not just the big packages, the small ones,

01:22:28and how this non-intrusive inspection system for border processes limits the

01:22:33influx of fentanyl? And further, how is the failure to fully fund the

01:22:37installation of such scanners undermine CBP's mission to stop the flow of

01:22:41fentanyl in the U.S.? Senator, I look forward to working with you on the

01:22:47legislation that you have presented. The non-intrusive inspection technology is

01:22:51an extraordinary force multiplier. It enables us to quickly detect

01:22:57anomalies in vehicles, which are the primary means by which fentanyl is

01:23:04smuggled into this country through the ports of entry. They allow our personnel

01:23:10to do other very, very important work. The failure to fund our full use of this

01:23:16equipment really reduces our security posture in our fight against fentanyl.

01:23:23But allow me to assure you that we do everything that we can with the

01:23:27resources that we do have. Well, we want to get you funding to implement and put

01:23:32these scanners in so more trucks, more cars, more every kind of vehicle can be

01:23:37scanned and we can use that artificial intelligence to help us stop the drugs.

01:23:41And so, in addition to my end Fentanyl Act, I also was a proud co-sponsor of the

01:23:47Fendoff Fentanyl Act. Again, was included in the Senate's bipartisan border

01:23:51security package. This legislation would sanction drug cartels and chemical

01:23:57suppliers, which you've been talking about, the precursors that come from

01:24:00China, involved in international drug trafficking. So, can you speak a little

01:24:05bit more, building on what Senator Hassan talked about, the importance of not only

01:24:09preventing the activities of international drug cartels, but also the

01:24:14activities that you were speaking about in China, stopping those precursor

01:24:17chemicals from coming here. What more can we do? Senator, we are working with

01:24:24countries, both partner countries and countries with which we have more

01:24:28difficult relationships, to stop the flow, not only of fully manufactured

01:24:34synthetic drugs and other contraband, quite frankly. It is vitally important

01:24:42that our border, in our fight against Fentanyl, is not the first line of

01:24:47defense, but that we stop the precursor chemicals, the manufacturing equipment

01:24:53from either entering our country directly or entering other countries

01:24:57with the prospect of the drugs being manufactured there and imported, smuggled

01:25:04into our country in fully formed development. Well, I hope these other

01:25:11Fentanyl bills, there isn't blocking on their passage as well, because it's

01:25:15important to all of us. I want to move now to talk about the DACA renewal

01:25:20wait times, because Nevada's home to thousands of DACA recipients, dreamers

01:25:24who know no other home than the U.S., and they're contributing to our community

01:25:29every single day. But due to significant delays in processing times, their

01:25:33applications to renew their work permits, well, they're just taking longer than

01:25:37usual, putting at risk their ability to work, provide for their families. I

01:25:41recently joined several of my colleagues in successfully urging USCIS to increase

01:25:46the automatic extension period for work permits from 180 days to 540 days, and

01:25:52this month I also joined several colleagues calling on USCIS to provide

01:25:56greater certainty to DACA recipients by reducing these renewal processing times,

01:26:01well, just in the first place. And so the USCIS median processing time doubled

01:26:06from 2022 to 2023, with many DACA applicants waiting over five months for

01:26:13their application to be processed. So can you talk to us about what are the

01:26:17biggest factors contributing to the delay of the processing, and can you

01:26:22commit to working with me on trying to reduce the times and let us know what

01:26:26resources you need? We can provide them. Senator, you certainly have my commitment

01:26:30to working with you on reducing the backlogs, the waiting times.

01:26:36We are addressing the regulatory need to extend the renewal period for work

01:26:46authorization. Very importantly, U.S. Citizenship and Immigration Services has

01:26:51promulgated a final fee rule that will put the agency back on firm financial

01:26:58footing. It has not received a fee adjustment for, I believe, more than seven

01:27:04years, even though there's a statutory requirement that a fee rule be

01:27:08considered every two years. And so I expect the financial condition of U.S.

01:27:15Citizenship and Immigration Services to improve for us to be able to hire the

01:27:20people that we can and address the backlogs that have indeed been growing.

01:27:25Despite those backlogs, I must say that USCIS, as it is known by its acronym, has

01:27:31done extraordinary work over and above its normal mission requirements, whether

01:27:38it's uniting for Ukraine or Operation Allies Welcome. It's a remarkable

01:27:45workforce, which is characteristic of all the men and women in the Department of

01:27:49Homeland Security. Thank you. My time is up. I have one more. I just want to say a

01:27:53question I'm going to submit for the record about anti-Semitism and violent

01:27:57extremism. We'll submit that for the record. Thank you for your testimony

01:28:00today. Thank you. Senator Marshall, you're recognized for your questions. Thank you, Mr.

01:28:03Chairman. Yesterday we saw Senate Democrats set fire to the Constitution

01:28:09when they refused to allow your impeachment trial. You, sir, as the bidder

01:28:14of Joe Biden's policies, have set fire to the sovereignty of this nation, to the

01:28:20safety and security of this nation, in a total disregard to the law of the land.

01:28:26The Secure Fence Act of 2006 requires you to maintain operational control of

01:28:33the border, and they define operational control as preventing the entry of

01:28:38terrorists, unlawful aliens, and narcotics. You know, it doesn't surprise me now when

01:28:46I go back and talk to law enforcement officers in my home state, and they tell

01:28:50me that the crime crisis is so bad, the amount of human trafficking, fentanyl

01:28:56trafficking, and the crime related to those is so bad, they tell me that we

01:29:00cannot arrest ourselves out of this. I could triple their officers and it

01:29:06wouldn't be enough to cover the cases. Mr. Secretary, how many people have died

01:29:10from fentanyl in this country in the last three years, the last year? Senator,

01:29:15I would be pleased to provide you with that. You have, what would be your guess?

01:29:19Senator, I don't want to guess. So what you don't know, 250,000 Americans have

01:29:23died from fentanyl poisoning, and that's on your shoulders. How many people have

01:29:29you paroled in the last three years? Any idea? Senator, I would be pleased.

01:29:33You can't, you have, you're in charge of this. You have no idea. Is it 1 million?

01:29:36Is it 2 million? Is it 2 or 3? Senator, I would be pleased to provide. How many of

01:29:41those have committed a crime? How many people that have you paroled have

01:29:44committed a crime? Senator, if you would be, if you're pleased to provide. Mr.

01:29:51Secretary, do you recall a visit in January to Eagle Pass? You were in Eagle

01:29:59Pass in January. Do you recall that visit? I recall the precise month, but I made over

01:30:0220 visits to the border, so forgive me for not remembering the particular. Do you

01:30:07recall being in a room in Eagle Pass, Texas with a large number of Border

01:30:11Patrol officers? Did you admit the release rate was 85% at that time? Oh, as

01:30:16I've testified before, I don't remember the particular exchange to which you

01:30:20refer. What percent would you say, or what range would you say are released? I

01:30:25don't want to guess, but as I've said before, Senator, I would be pleased to

01:30:30provide you with whatever data. How can you come to this hearing and not know

01:30:34these things? These are things that I know, and this is 1 100th of my job as

01:30:39well. So, so listen, you said at that meeting, and I got multiple witnesses,

01:30:42that 85, that we were releasing 85% of the folks at the border. There's no way

01:30:48possible that you could vet that number of people at a time. 85% of the people

01:30:53coming in illegally, breaking our laws, no vetting process, essentially giving

01:30:57them a phone, free health care, and a plane ticket or bus ride to somewhere.

01:31:03You say you're protecting the nation's sovereignty, but you really facilitated

01:31:07an invasion. Sir, this is an invasion. 11 million illegal encounters under your

01:31:12watch. Next question. Why are you mass importing tens of thousands of

01:31:21Venezuelans into our country via parole, knowing they can't be deported because

01:31:26Venezuela isn't accepting, accepting removal flights? We are not doing that,

01:31:32Senator. You're not paroling tens of thousands of Venezuelans into this

01:31:39country. Senator, your question was broader than that. The way you framed

01:31:44your question, we are not doing that which you asked. Are you importing tens

01:31:49of thousands of Venezuelans into this country? The term importation is

01:31:53incorrect. We have a Cuban, Haitian, Nicaraguan, Venezuelan parole program for

01:31:59those Venezuelans who are paroled and who do not have a basis to remain. So why

01:32:04are you paroling them knowing that Venezuela won't take return

01:32:07flights? So that is false. We have in fact negotiated in the past removal

01:32:14flights to Venezuela. Those are suspended right now. We also remove Venezuelans to

01:32:19Mexico, for example. So an individual who does... So why do you say it's not correct

01:32:24when it's been suspended? That's why Americans don't trust you. That's why

01:32:28Americans don't trust the government anymore is because you're setting up,

01:32:31you're twisting the truth, giving incomplete answers. This is really a

01:32:39de facto amnesty orchestrated by your administration. There's a reason why

01:32:43Venezuelans won't take them back. Next question. It's my understanding that we

01:32:54have technology deployed that helps track the number of gotaways that have

01:32:57unlawfully crossed our borders and evaded capture by our border patrols. Is

01:33:03that correct? We do have technology that is a force multiplier for our personnel.

01:33:08Okay. Again, under oath today, I'm asking you, has this technology been operational

01:33:12since you took the post? I would like to get back to you if there's any deficit

01:33:18in its operational capability. Senator, I'd be pleased to get back to you on that.

01:33:22Has the system ever gone down under your tenure? I'd be very pleased to

01:33:27provide you with that subsequent to this hearing. How could you not know that?

01:33:30How could you not know what type of, you know, has it been down once or

01:33:33twice, has it been down for weeks at a time, months at a time, any just range or

01:33:38thought that you could give us? Do you keep track of it in

01:33:42any way, shape, or form? Senator, we deploy so many different technologies

01:33:47across the expanse of our department, which consists of 268,000 people. If a

01:33:53technology goes down for a short period of time, I may not have visibility of

01:33:58that. I'm the Secretary of the Department. Do you think it's been down for a

01:34:01significant amount of time or an insignificant amount of time? Senator, as

01:34:04I've previously said, I would be pleased to provide you with the information you

01:34:09request subsequent to this hearing. I will look into it. How can you keep track

01:34:13of the gotaways if you have no program in place that tells us when this is

01:34:18working or not working? I'm sorry, Senator, can you repeat your question?

01:34:24Yeah, how can you tell how many gotaways you're reporting if you don't know when

01:34:30this technology is working or not working? In other words, how do we know

01:34:34that the two million known gotaways is a good number? Senator, the

01:34:39individuals on the ground in U.S. Customs and Border Protection have

01:34:44visibility of the operational capability of the equipment they use.

01:34:49They oversee counting the number of individuals who evade detection. But

01:34:55you rely on technology to observe those as well, and you don't know if your

01:34:59technology is working or not working. Senator, I believe I've answered the

01:35:02question. No, you've not. You've said you don't know. The answer you've

01:35:06given is you do not know. You don't know much of any of the answers to

01:35:10the questions we're asking you. This is why we need an impeachment trial. This

01:35:14is why Americans are demanding an impeachment trial. I yield back.

01:35:20Over the 90 minutes here, but I have one senator there perhaps another one that

01:35:25we can we'll give you a full 10-minute break if with your indulgence that we

01:35:29can get through this first round. Senator Butler, you're recognized for your

01:35:32questions. Thank you, Mr. Chair, and thank you to the you and the ranking member

01:35:37for the hearing today. Thank you, Secretary Mayorkas, for joining. It's

01:35:43interesting the nature of my colleagues energy and attention when that same

01:35:51energy and attention seemed to lapse when there was an opportunity to do

01:35:55something to provide the kinds of supports, resources, and technologies that

01:36:01were requested, negotiated in a bipartisan way. And so I find that that

01:36:10energy just interesting. Nothing for you to respond to, just a note for myself. I

01:36:15do appreciate that this is a hearing about the resources that you need and

01:36:21the authorities required to execute such an expansive role that you are

01:36:28performing on behalf of the United States of America. Let me just, one,

01:36:32appreciate your work and your team's work relative to last week's

01:36:38announcement in the applications and the competitive grant process for

01:36:46shelter services at our borders. I was recently in San Diego and our San

01:36:53Diego ports of entry talking with the incredible men and women who were doing

01:36:58this work every single day who don't get enough credit for the difficulty and

01:37:03challenges that that they are facing. And your office and your team worked with us

01:37:07to make sure that that application and grant process was was competitive and so

01:37:12I just wanted to appreciate you for some of the work that you're doing. In the

01:37:17context of the work of the request of the president's budget and the work that

01:37:23your team is is doing relative to SSP, it seems as if there is that there's a

01:37:31little bit of a disconnect that I wanted to ask you to talk to me about. FEMA

01:37:36requested a hundred and thirty million dollars for SSP in FY 25, yet Homeland

01:37:44Security has acknowledged that the demand already exceeds the six hundred

01:37:48and fifty million that has been appropriated in fiscal year 24. Why is

01:37:54the SSP budget request so low compared to previous years? Senator, thank you for

01:38:01recognizing the extraordinary work of the men and women of the Department of

01:38:04Homeland Security. I believe we requested eight hundred thirty million

01:38:12if I'm not mistaken, but in FY 25 I'll have to drill down on that. I should note

01:38:18that the bipartisan Senate legislation would have funded the SSP program

01:38:25at 1.3 billion dollars. We make very difficult trade-offs in the context of

01:38:31the Fiscal Responsibility Act. There is no question that the demand for funds

01:38:37exceeds the amount of funds we have been provided, and that is why we are so

01:38:41careful in the allocation of resources. We issued our first tranche under the

01:38:49SSP, or we announced the issuance of that first tranche, and our next tranche will

01:38:54be under a competitive process. Thank you, sir, and we'll look forward to just

01:38:58following up. It could be a simple error on our part, but we look forward to

01:39:03standing touch about it. One other piece that I wanted to call just to your

01:39:11attention is just another hat in which you are a component of the hat

01:39:17that you wear on behalf of our country. Senator Hassan noted that the

01:39:22incredible responsibility of keeping the American people safe. One such group of

01:39:28people are our men and women in service, and last December, under Senator

01:39:38Blumenthal's leadership, there was a permanent subcommittee on investigations

01:39:42hearing relative to the sexual assault of Coast Guard members, and during that

01:39:49hearing, we learned that the Coast Guard had a ugly history of sexual assault

01:39:55that dated back decades. Even worse, we learned that leaders at the Coast Guard

01:40:01systematically covered up reports on the pervasiveness of that sexual assault, and

01:40:06as a result, neither the perpetrators or the leaders that covered up that abuse

01:40:11have been held accountable. So just, one, are you, are there suggestions, requests

01:40:21that are being made in your budget for authorities or resources to continue to

01:40:27hold these perpetrators accountable and to support those young women in the

01:40:34Coast Guard who are doing, young women and men, who have experienced such assault?

01:40:42How have you taken this on, and what are next steps that you are anticipating?

01:40:49Senator, thank you for your question. First, the fundamental point, that it is a

01:40:56fundamental value of our department and the U.S. Coast Guard specifically, that

01:41:02everyone, everyone feels safe in the workplace, and that individuals who make

01:41:08others feel unsafe need to be held accountable. That is a fundamental

01:41:13principle, a fundamental value. I can assure you that the Commandant of the

01:41:19United States Coast Guard is fully focused on making sure that individuals

01:41:25are held accountable, that everyone feels safe in the workplace, and that the

01:41:31Coast Guard of tomorrow is better than the Coast Guard of yesterday. I have

01:41:36complete confidence in Commandant Fagan. She and I have met a number of times, and

01:41:41the United States Coast Guard is working in coordination with the

01:41:45department's Inspector General to ensure accountability where it is due.

01:41:50Thank you. I'll yield back, Mr. Chair. Thank you, Senator. We, we're gonna have, I'm

01:41:57gonna recognize Senator Ossoff for his questions, then we're gonna take a 10

01:42:02minute break. Senator Blumenthal will be back. He'll be first up with, still in the

01:42:06first round for him, but after Senator Ossoff's, we'll take a five or a ten, a

01:42:11ten minute break for everyone. Senator Ossoff, you're recognized for your

01:42:14questions. Thank you, Mr. Chairman and Secretary Mayorkas, welcome back to the

01:42:20committee. Mr. Chairman, I can't help but reflect on what's happened in the last

01:42:26few months in the Senate. No one, and I mean no one, is interested in or takes

01:42:36seriously lectures on border security from Senate Republicans. No one. In one of

01:42:47the most stunning acts of political cowardice in recent American history, a

01:42:54bipartisan border security bill co-authored by a conservative Republican

01:42:59member of this committee was put forward in the US Senate. It would have

01:43:05tightened asylum standards to stop exploitation of the asylum system. It

01:43:11would have surged enforcement resources to the border. It would have meant more

01:43:19expedited removals of those who enter this country unlawfully. It would have

01:43:26empowered the federal government to take the fight to the drug cartels who

01:43:31are laying waste to communities across our country with fentanyl. A bipartisan

01:43:37border security bill co-authored by a conservative Republican member of this

01:43:41committee. And it wasn't just voted down by Senate Republicans, it was denied even

01:43:47a debate on the floor of the United States Senate because the former

01:43:53President of the United States, and he said this publicly, thought it wasn't in

01:43:58his political interest for the nation to be served. It wasn't in his political

01:44:03interest for a bipartisan border security bill to be enacted by Congress.

01:44:09The American people are smart. So all of the performative chest-pounding today on

01:44:19border security is utterly disingenuous. When Senate Republicans abrogated their

01:44:30basic governing responsibility and refused even to let us debate and amend

01:44:36that bipartisan border security proposal, the American people see that and

01:44:43understand that. But Mr. Secretary, the American people also see and understand

01:44:49what's happening at the southern border. And just as they see the hypocrisy and

01:44:54cowardice of Senate Republicans on border security, they do not see success

01:45:01in the administration's handling of the crisis at the southern border. And I

01:45:08wonder if you have reckoned fully with the fact that you do not have a good

01:45:13faith partner in the minority party in Congress willing to work with you to

01:45:20advance bipartisan border security legislation. You are going to have to

01:45:24rely on your authorities and it is past time to do so. So to the extent you have

01:45:31additional legal authorities that you can responsibly deploy to control this

01:45:36unacceptable crisis at the southern border that threatens our national

01:45:39security, it is long past time to do so. And that brings me to the budget request

01:45:44because I can't understand this Mr. Secretary. It's a three billion dollar

01:45:51decrease from fiscal year 24 for CBP. You agree, I presume, that the situation of a

01:46:01southern border is a serious threat to U.S. national security? I do, Senator.

01:46:08And that CBP personnel are essential to tackling this crisis, Mr. Secretary?

01:46:12Most certainly. And the president recently commented publicly that there

01:46:16were not sufficient Customs and Border Patrol officers and agents at the border,

01:46:21correct? We need more resources and one of those resources is additional

01:46:26personnel, Senator. So why are you requesting a three billion dollar

01:46:29decrease in the CBP budget for FY25? Senator, the the construct that we have

01:46:37proposed is a baseline budget plus a 4.7 billion dollar contingency fund and I am

01:46:46not certain that you are accounting for that 4.7 billion dollar contingency fund

01:46:52in the gross amount that we are requesting for fiscal year 2025. That

01:46:57contingency fund is really the the model is that additional funds would be

01:47:03released to us based on the number of apprehend encounters that we experience

01:47:09at the southern border. And so that 4.7 billion dollars must be included when

01:47:15looking at our fiscal year 2025 request. Are those funds explicitly allocated and

01:47:20reserved for hiring and deploying CBP officers? They include our ability to

01:47:25hire additional personnel. But it's funds that could be used for other purposes. I cannot,

01:47:29this is an insufficient request of the U.S. Congress given the severity of what

01:47:35we're facing at the southern border. I would be very very pleased to work with

01:47:40this committee and the Congress on increasing the resources above and

01:47:45beyond that which has been requested. So given the urgency of the need, why did

01:47:49you not request more funding for Customs and Border Patrol? Senator, we

01:47:53work within the context of the Fiscal Responsibility Act. We continue to

01:47:58believe that the extraordinary resources that would have been delivered on the

01:48:03under the Senate's bipartisan legislation would have been transformative. Not only

01:48:08in the provision of resources, but in the delivery of authorities that we currently

01:48:13do not have. And I agree with you, but President Trump killed the bill for

01:48:17political reasons. And it's gone. You don't have a good-faith partner in the

01:48:24minority here. Only you, through the funds that you request and use from the

01:48:31Congress in the appropriations process, and by using those authorities that

01:48:36there's discussion of you exercising, only you have the power to address this

01:48:44crisis. And I urge you, I urge you to act with utter urgency to do so. Thank you,

01:48:52Mr. Chairman. Thank you, Senator Ossoff. We will now take a break and then when we

01:48:56come back, Senators Blumenthal and Sinema will still be allowed their first round

01:49:01questions and then it's my intent to then go into second round for those

01:49:05members who come back for a second round. But we now stand at

01:49:11recess for 10 minutes.

BREAKING NEWS: Mayorkas Testifies Before Senate Committee After Impeachment Articles Dismissed

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