>> here now for an acting director of u.s. immigration and customs enfcement agency, thomas train a pity testified at a house subcommittee hearing last week, mostly focusing on central american migrants and their attempt to seek asylum by crossing the u.s.-mexico border. this is about an hour and 45 minute. >> the committee on homeland security subcommittee on border and maritime security will come to order per the subcommittee is meeting to examine policies and impacted departments ability to

secure the border. i now recognize myself for an opening statement. last month from a caravan of his 1500 migrants was organized by people without borders, extremist advocacy group with the stated purpose of quote abolishing borders. under the guise of humanitarian action, they facilitated the movement traveling more than 2000 miles towards the southwest border of the united states. the caravan beginning to the two up on the mexico guatemala border with the express purpose of traveling to the united states in entering the country. but illegal entry or utilizing loopholes and immigration laws. activity is happening in smaller numbers and without the media fanfare. our asylum process is broken rife with individuals arriving at our border and have no need to dodge or border security efforts because of policies make it all too easy for them.

aliens can come to a port of entry or look for border patrol agent simply say they have incredible fear come end quote. stating the simple two words permits them to be released in the country about 90% of the time. once released, they're given a r urt dto appear foes sometimes sometimes years in the future and a work permit after 180 days. in 2008, dhs had 5100 cases meeting the threshold to immigration court. in 2016, it was almost 92,000. the reason for the increase is simple. individuals have learned how to exploit the system. it should surprise no one that many of those don't ever show up for their court date. was likely because they are unfounded in the first place. in order to ensure we maximize to accommodate those to flee persecution, we must combat fraud to help those who actually have a legitimate asylum claim for getting lost. another loophole stems from the

trafficking victims protection reauthorization act, a well-meaning law and was designed to prevent human trafficking. however, the disparate treatment of children from mexico and children from countries like honduras, el salvador perverse incentives to that young children at risk. you must send a loop hole that puts children in the hands of smugglers who abuse them along the way to our border. once these young people arrive, they are vulnerable to gang recruitment, especially notorious on the 13th given the weakness and those who sponsor the children. interesting such as them as 13 are not the only ones benefiting from this loopholes. drug cartels controlled the illicit movement of people and narcotics across the borders. every single migraine, whether unaccompanied child, family unit or single adult that illegally crosses the southwest border enriches the cartels and assess their growth. the number of illegal border crossings during the month of march and april show an urgent

need to address this glaring loopholes. we've witnessed a 300% increase from april 2017 compared to april 2018 and a 37% increase from last month to this month that the largest increase month-to-month since 2011. traffickers, smugglers and extreme advocacy groups are exploiting this weakness isn't putting individuals at risk as well as american falling victim to crimes perpetrated by bad actors are making their way in. in addition if we do not address the situation, we will be confronted by another generation of daca like people in the near future. when i was in their for had traveled a over the world and i thought desperation and poverty that most americans cannot fathom. countries around the world dealing with extreme violence, war and gangs and as human beings we need to help them often through the work of charitable organizations. the truth of the matter is we cannot bring everyone is suffering here. the definition of a country as

one who controls the one who does not enter. we're a nation of immigrants and we welcome with open arms approximately 1 million illegal immigrants every year. we are also a nation of laws and we cannot sit idly by as orders are overrun. the time has come to build a policy wall alongside the physical wall to force those seeking to immigrate to the united states to do at the right way, the legal way. congress must act to change her immigration policy and close these loopholes. a september the speaker pointed me in several other members including our chairman kass is addressing this issue. we spent countless hours 10 minutes or broken immigration and border policies. for the last nine months we've been working in refining developed a this bill is strong and border security, closes the legal loopholes and end the insanity on the border. i received assurances from leadership that her bill would be brought before the house for a vote in june.

i look forward to its consideration on the floor. the chair recognizes the ranking member of the subcommittee come the gentleman from texas, and for any questions he has. >> thank you. i'd like to address the title for today's hearing. my position on the border wall is well known by now and i would like to express my deep concern about the so-called policy wall proposed by the administration and we are going to talk about today. the need for policy it is unclear to me. the number of asylum seekers requesting protection in mexico or the united states indicates a humanitarian problem not necessarily a security threat. a growing number of asylum seekers are coming from guatemala, how far the door and honduras. most of us here today are aware that all saw the door and honduras rank among the top five countries in the world including nations at war. even former secretary john kelly of knowledge the dangerous and complex conditions on the ground

before he joined the administration in confirmation hearing. the characterization that bubbles of people seeking asylum are unacceptable is confusing, blaming and punishing the people seeking protection is inhumane. the conditions leading to the humanitarian crisis are unacceptable not by people seeking protection. we should be redoubling our efforts to work with international partners. earlier this year i joined the other democrats on this committee in sending a letter to secretary nelson opposing the practice of separating migrant parents from their children in cases that do not warrant when apprehended at the border or in immigration detention. i'm opposed to tearing kids away from their parents and i am concerned about what criminalizing adult asylum seekers looking for legal claims to protection. the effect of family separation is also traumatizing. according to more than 200 child

welfare who wrote to secretary nelson opposing separation from and there is ample evidence separating from mothers or fathers but the serious negative consequence to children's health and development as dhs separates families at the border at the borders, dhs will likely have to detain people over age 18 in that group immigration detention facilities and designate children as unaccompanied. i worry that there were no reliable mechanisms in place to ensure that families can be reunified later. if an adult poster current criminal proceedings were subjected to expedite removal, how will his or her child and a shelter in the united states know how to get in touch with them. as for the policies will be harmful in the long run. i would like to hear from cbp about how you're managing resources to address potentially more asylum seekers that are ports of entry. given this euro tall and between are ports of entry, dhs is

encouraging people to claim asylum at ports of entry instead. the cbp is a persistent problem and i would like to learn how capacity issues are likely to be affected by these policy changes. i thank you for joining us today and i yield back the balance of my time. >> to churn out recognize the chairman of the full committee, mr. mccaul. >> thank you for holding this important hearing. two months ago a caravan of more than 1000 central americans begin a 2000-mile journey from guatemala new mexico border headed towards the united states. the journey was not easy in the migrants were met with great difficulty. so what motivated them to make this journey? the wildest immigrant advocacy group called pablo san frontera through specific gola circumvention of u.s.

immigration laws. they organize wh they ought would be the largest united states border and with simple and already overburdened immigration system but asylum claims. this was not the first caravan and did not change her immigration and laws and this will not be the last good while this particular caravan drew lots of media attention, cbp agents and officers had seen a troubling trend. family unit and unaccompanied alien children flood across the border, many claiming credible fear. almost every single person who claims credible fear meets the existing threshold in the law. loopholes in our immigration system are well known to the organized illegal immigration groups and the brutal drug cartels who facilitate the movement of aliens across the border. in fact, cartels use weaknesses as a shrewd marketing tool that

further enriches the cartel. the rule of law and mexico, building a physical wall along key parts of the southwest border is absolutely necessary. in tandem, we must construct a wall of policy to close these legal loopholes that put families and children at risk. last month, we saw the number of illegal border crossings tripled over the same period a/chair. we have to take dramatic action to reverse this disturbing development. i was pleased to see that the department recently enacted a zero tolerance policy for those that come here legally. prosecuting those who enter the country illegally is the right policy. this will send a powerful message of deterrence to those who are trying to take advantage of our immigration laws. we have used prosecution successfully in the past and i know that myself as a former

federal prosecutor under operation streamlined, nearly every alien apprehended was prosecuted. when the policy was in that did in every instance, we saw a dramatic decline in crossings. i along with chairman goodlatte, chairwoman nick sally have proposed a robust border security immigration bill to close legal loopholes that secretary nielsen and the honorable homan, good to see you, sir, have pointed out so many times in the past. but that changes to the way we treat unaccompanied alien children and family unit and without tightening our asylum standards, there will always be powerful incentives for aliens to come to this country illegally. this must stop. the time for change as calm and i am committed to working with this administration and other

like-minded members to make that a reality. with that, i yield back. >> the gentleman yields back. other members of the committee reminded openings payment must be submitted for the record. i guess janet's consent that ms. lesko be able to participate in these hearings. without objections ordered. we are pleased to have three distinguished witnesses before us today. mr. braun said three of the u.s. border customs protection. previously served as the chief of the u.s. border patrol. as chief operating officer is responsible for the daily operations of the u.s. border patrol assisting in planning direct team administrative operations. becoming deputy director performing the duties in january 2017 for 33 year veteran of fun for an nearly 30 years of immigration enforcement experience pretty served as a police officer in new york, border patrol agent and a special agent with the natural

immigration service as well as supervisory special agent deputy assistant director for investigation at i.c.e. mr. francis cissna this morning that u.s. i guess in 2017 and served as director of immigration policy within the dhs office of pocy ding which time he was selected for detail to the u.s. senate judiciary committee where he worked on immigration related legislation. prior to back a mischievous acting director and deputy director of immigration border security policy in the dhs office. the cherner recognizes deputy commissioner said three for five minutes. >> thank you. chairman nick sally, ranking member vela, thank you for the opportunity to appear before you today to discuss the efforts of u.s. customs and border protection to achieve our strategic and operational border security objectives. my fellow witnesses have decades of experience and am grateful to work with such dedicated professionals to secure the

homeland. tactical infrastructure including physical barriers and complementary capabilities have long been a critical component of cbp's multilayer risk-based approach to securing our southern border. the recently passed consolidated appropriations act of 2018 support the mission including 1.4 billion for the largest investment importer while in more than a decade. we are eager to put this funding to work to improve our nation security and encourage congress to support investments in the high-priority border wall system. in addition to her border security mission, cbp plays a key role in the continuum. we look forward to working with congress on the legislation needed to enhance security of our nation from ensure effective immigration and protect american workers and taxpayers. these legislative needs have a direct impact on the ability to perform our mission. in accordance with the department of justice your lerance policy, department of homeland security secretary nielsen has directed two referral border crossers from criminal prosecution.

the one forced immigration laws set forth, no classes or categories are exempt from enforcement. a number of individuals apprehended while trying to enter the country illegally in between those presenting themselves without entry documentation along the southern border increase by 40% from february to march 2018 and march 2017 the increase of extraordinary 203%. the effort in ours used to detain, process, care for, hold family units distracts rmon enforcement officer and shrinks or capability to control the border and make the arrest of smugglers and drug traffickers much more difficult. to enhance the capability and southwest border set are of department of defense in conjunction with order state governors has the national guard to assist in stopping the flow of deadly drugs, other contraband, gang members, criminals and illegal aliens into the country. initial forces are already on

the ground assisting cbp. we are working with headquarters to a seamless coordination of effort. the support of congress and close coordination with her nurse, cbp will secure our nation's borders to risk-based deployment of infrastructure, personnel and technology. we offer a free system for current cumbersome legislative changes that will help fulfill their missions. i want to take a moment to thank and recognize the men and women a cbp print eventually carry out their border protection responsibilities professionally with integrity deserving of the public's trust. i work to ensure my reesentation as commitment and sacrifes that they and their families make in service to this country. last wednesday during national police week we added three more names to the memorial and did a demonstration to their surviving families and returning families that will never forget their loved ones. we preserve their memories and honor the heroic work they did while protecting us all. chairwoman mcsally, ranking

member vela and members of the subcommittee, i look forward to your questions. >> the cherner recognizes director homan for five minutes. spinach or nick sally, distinguished members of the subcommittee, thank you for the opportunity to appear here today and speak to the importance of the iss mission to protect from cross-border crime and illegal immigration, both of which have national security and public safety. since they were issued early last year, i.c.e. is a significant process in restoring the rule of law to an immigration system. over the last fiscal year, and increased arrest by 40% and removals by 30%. with nearly double the number of ms-13 arrests this year. reflecting our continued focus on enforcement against public safety and national security threats, illegal reentry and come and 92% of all of our arrests last year reflect it one of these priorities. the dedicated men and women can

achieve, that the reality is that we will not stop unless we eliminate the pull yours. when the congress is help to do that. last fall the trump administration -- >> the chair wishes to remind our guest today that demonstrations from the audience including the use of signs, placards and t-shirts as well as verbal outbursts are a violation of the rules of the house. we thank the gods for their cooperation in maintaining order and proper decorum. >> last fall the trump administration sent a series of priorities to congress that would address the misguided policies and loopholes that only serve as poll factors for illegal immigration. these priorities reflect the input of law enforcement professionals at the table who know best -- >> while the gentlemen please suspend pursuant to or produced in order guess please forward their signs in accordance with house rules. future instructs the capitol

police to remove the protesters from the committee room. the committee will recess until order is restored pending the call of the chair. [inaudible conversations] [inaudible conversations] the committee will come to order. director homan, please continue. you can start where you left

off. >> last fall the trump administration sent a series of policy priorities to congress that would address this kind of policies and loopholes that only serve as poll factors for legal immigration could could priorities reflect input of law enforcement professionals who know best what we need in order to close the loopholes and eliminate illegal immigration. weuthored much of what was sent to theill. the administration rightfully listen to us. maf you agr it u agree at this time the congress do the same. entering this country illegally is a crime. there's no consequences for sneaking across the border, overseeing visa, or even committing crimes while in the country illegally but no integrity and entire system. one major poll factoring to address as the policies governing the processing of unaccompanied alien children to call you a seat in family units and constraints that their removal from the country. these policies ultimately encourage more parents to subject themselves and their children to dangerous criminal smuggling organizations and

we've seen that reflected in the recent uptick in border apprehension of family unit. since that decision, the man has been severely constrain where he can process miners says family units. we're often forced to release them which all but guarantees you'll skipped a court dates are not abide by the decision and be sent home. this is highlighted by the fact that 3.4%, only 3.4% of all you ac from countries other than mexico encountered at the southwest border have been removed. both partners have made progress this pastor and reducing the number of countries have refused to take back, we need a solution that will allow us to detain criminals whose home countries don't take them back. as a result of the 2001 supreme court decision, even illegal immigrants with violent criminals can be released from our custody and back into the community if their home country won't take them back to the loophole can have tragic consequences and we need congress to help us.

we need to address the dangers posed by century century century jurisdictions they risk msm bias to protect criminals illegally present in the united states. sanctuary policies are shielding criminal violators from enforcement refusing to honor detainer zora lal access to their jails. for those who claim they want something to focus on detaining and removing criminals come it defies common sense to prevent us from taking custody of local jails and prisons and that's exactly what happening. to be clear, i.c.e. dishonest game on enforcement to do our job. we want access to the jail, to talk to somebody we know is here illegally in violation of federal law that committed yet another crime and is incredibly frustrating. as a result of these policies, diathesis for is to make more arrests in the community at home and work place. those arrests are riskier for the public and law enforcement and increase the likelihood ice will encounter other illegal aliens who previously worked on our radar.

in other words, policies aimed at restricting or minimizing direct engagement in the community is having the opposite effect they i.c.e. in the very same commuties. the policies undermine cooperation and partnership between federal state and local law enforcement which should be working together to protect the public safety. i'm encouraged that many law enforcement partners throughout the united states have expressed their opposition to these policies and continue to find ways to work with us. want to make sure of one understand century cities do not protect the immigrant community. they do not make the community safer. they do the exact opposite. finally, my hope that the administration's request for more personnel resources so we can continue the progress we made. these issues aren't just about enforcing law. were also humanitarian issues can be dangerous and deadly.

the address these concerns and more people by entering this country. the right way to come in this country and they chose to come into the united states are found, rested and afforded by the immigration removed. that is the other taken with the 20,000 law enforcement officers. were constantly attacked simply for doing the mandated jobs. in closing, next month at 34 years with the law enforcement officer. it is my honor and life to lead this agency and the 20,000 men that work in this agency. they are american patriots by the very fact they leave their homes every day and put their safety at risk to protect their communities. it will be a strong advocate for the workforce and the administration on issues here

today. i want tthan you f giving is opportunity to testify and answering any questions. >> i recognize the direct her for five minutes. >> chairwoman mcsally, ranking member vela common pleas to be with my colleagues from i.c.e. and cbp to offer ideas. physical controls and surveillance that follow border controls in the aspects of border control. i suggest the true border security much more than not. it is not physical and administrative processes that govern the entry and exit of individuals into the united states. behind the border wall as both the chairman and the chairwoman has said there must be a little.

as evidence by point to h.r. 4760, securing for immigration reform and i note that the chairwoman along with congressman smith on the subcommittee and indeed chairman mccaul and several cosponsors of the bill. it provides the tools that can help us regain in improving our ability to administer an immigration system responsive to her nations needs and obligations. now, i would like to mention the backlog in the caseload. the filings have tripled between fy 14 and up by 17 the number received with the highest annual number of claims received in over 20 years. an asylum backlog around 318,000

cases. a backlog of critical proportions that cripples our ability to screen applicants while they wait for a decision. a consequence of this and the applications is the true asylum seekers in the haystack of applications, many of them non-meritorious. in my written testimony, they are taking steps and i also mention several loopholes and now i would like to share with you some background. the congress extracted in 1996, congress understood for asylum, they came up with the so-called credible process. the statutory standard for credible fear screenings at the border has been set so low that nearly everyone needs it.

over the years since the passage in 1980, certain courts have taken this generous approach and stress it almost beyond recognition. the gang violence may qualify for asylum as a member some sort of particular social group. someone only has to show that there is a reasonable possibility tt percution on account of protected ground in order to qualify for asylum. this printing standard used at the border on the require someone established a significant possibility of establishing eligibility for assignment in order to pass the screening process. what does this all mean? an alias in the magic were to some of the border only has to establish a significant possibility that there is a reasonable possibility that he or she will be persecuted if returned home in order to be screened in. in other words, they have to show a possibility of a possibility. many of those seeking to enter

the country illegally in the smuggling organizations know that a few key words are all it takes to get an alien through the screening process. it should be no surprise therefore that we have seen a 1750% increase in the number of fear claims being made in the expedited rule process between fy 08 and fy 16. the loophole at this generous screening standard when paired with insufficient funding for space, court decisions that prevent us from fear claimants throughout the process of adjudicating the protection claims and overburdened immigration system is a recipe for the challenges we do about the border. the evidence of the present system is obvious according to data from the department of justice and the negative office through mid-january this year, 56 were sent to pending cases originated from previews that were conducted by usi s. has still not had applications.

removal orders after failing to appear created a credible fear has increased 1350%. finally is announced last week, the approval rate was only 20% and is only 22% for the first two quarters of fy 18. secretary nielsen is called on congress to work with her to quickly pass legislation to close legal loopholes in the asylum loopholes and use of these described some of them. exported as a detriment to our immigration system. ex-secretary nielsen can i stand ready to work with any member of congress who seeks to support the mission and secure country. thank you. >> thank you. director cissna. i recognize myself for five minutes. okay, i just want to summarize the big picture here. we've heard a lot of numbers, a lot of information in a lot of

data. we've seen a 1750% increase between fy 08 and fy 16. is that correct? 1750% is a big number. there's a lot of violence around the world. there's a lot of tribulation and travels around and the increase has gone up 1750%. the cartels and individuals have figured out they simply have to say, i have a credible fear or want to seek asylumnd the virus a low the possility of the possibility 90% of released into the interior united state. >> so, the numbers are pretty bad. right now, credible fear screening rate last year was 76%, but the immigration courts might flip a few more digits

beyond not to say around 80%. of the number they get through, the ones when their asylum claims are heard right now between 22%, 25% are silent. >> paint the picture. most of them say the right words. how many years later did they get a court date on average? >> it could be several years. >> okay, what% actually show up? >> the members we have showed something like 50% never even filed an asylum claim. in the orders i don't have readily available. >> more than half. >> a look at those numbers with family unit from the ua sea, approximately 80%, which means 80% don't show up in court. >> i'm trying to paint the picture. they are saying the right words because the bar is so low. then released into the interior

of the united states of court date years in the future. the vast majority don't show up for the court date and for those that do, and a little over 20% are granted asylum. being used for people through the loopholes. >> my problem in the oral statement to the beginning of the process. the whole system was to give some protection to people who have legitimate fear persecution when they were at the border so they would be expeditiously remove that everybody else. the reality is the number of people coming to the border seeking this type of protection in making these claims is greatly overwhelming our ability throughout the process and if you can't hold them come you have to let them go and if you let them go you have a problem. >> it is very specific that you personally are going to be persecuted because of your, nationality, membership.

you personally, when you go back to the country, your countries and poverty, not that it has violence in general. i want you -- to allow you to elaborate on that. >> you have to demonstrate that you have fear of persecution. you will be persecuted on those grounds. and as i said in the oral remarks, the courts have stretched those grounds a lot in the decade since then the graces -- is very generous. >> director cissna, if you are fleeing from a country because of this persecution in one of these five categories, as soon as you step foot into another country, say mexico, wouldn't that be a safe place for you to settle? >> what i am secretary nielsen and others have been saying for a while now is people fleeing

persecution in their country should seek refuge. >> exactly. >> that is the basic point. >> thank you. exactly. that's the whole point. if you are legitimately claim because you are personally persecuted, soon as you are in a safe country, you should be process there. can you share what mexico is or is not doing related to this and increasing partnership on this topic? >> for the past several years, mexico does have a working asylum system and we have for several years now send people to mexico to help build the capacity to expand and improve their asylum processes. we continue to do that. we continue to have discussions about that. they ask for asylum and receive asylum in mexico. as i say, we are helping them to accomplish that better. >> okay, great. the chair now recognizes

breaking member. >> thank you, chairwoman mcsally. ranking member vitiello, family separation is very concerning to me with this zero tolerance program announced by the attorney general, can you please explain the criteria personnel are supposed to use for relationships? >> essentially the agents and officers used whatever information is available to establish familiar relationships. sometimes these people have documents. sometimes they don't. when it's in question, when we don't believe that there is a familiar relationship when a minor is involved, we will prefer the minor to hhs or as an unaccompanied minor. as it relates to day-to-day operations, typically their statements along with documentation in her officers and agents were to verify that.

when we can't, we let hhs sort the individual unaccompanied minor. >> i don't know if you can answer this question because this is actually a question best suited for cbp owes. the families that present themselves at the ports of entry versus those that are apprehended by border patrol between the ports of entry? >> to train the ports, we are now referring anybody that crosses the border illegally. border patrol referring 100% of the people who cross the border illegally to the justice department for criminal prosecution at the ports was not an illegal act under the same condition. the verification of relationships is essentially the same in both instances. ..

nanette barragan a family member, hhs would then take care of it. can you tell us, over the past couple weeks, there have been reports of families that have been separated, nobody can tell us where those children are going? >> they are referred to health and human services to be placed in shelters. >> we are better off asking hhs? >> yes. they control the system as relates to where the shoulders are. it is their work to reunite families replace them with a guardian. >> probably a question for you, lee francis cissna. the department of justice announced it was asking the promise of defense to send 21 prosecutors to assist in

prosecution of people detained pursuant to the new 0-tolerance policy. in a few short weeks federal court on the southern border are experiencing tremendous backlogs. border patrol agents and customs officials do not have the personnel and or resources necessary to process the new detainees and there's an issue with lack of faith necessary to house those sentenced to serve time. what is the administration doing to address this? >> probably better for ice agents. >> as far as the defense capacity we are well aware of that is working with us marshals and doj. i got my staff working on that along with the department and i think it will be addressed. we want to avoid gting back

to catch and release. as far as the question on hhs, we are required to release unaccompanied children within 72 hours. once they identify 72 hours our job is to get the child in the bed and hhs, the responsibility is to reunite the child with their parents. >> three years ago, most of us lived through the issue with unaccompanied minors in this country. i find it ironic the new 0-tolerance policy is creating a new class of unaccompanied minors. i will save the rest of my questions for when i come back.

we may not see i to i on a lot of these things, but i would like to congratulate you on your retirement and thank you for your service as well. >> thank you. as far as your question or comment, if they show up any port of entry, they won't be prosecuted or separated. the department has no policy to separate families. we are separating families because you can't prove relationship and we had many cases where children have been trafficked by people who weren't there parents which we are concerned about the child. the other issue is they are prosecuted and separated. >> thank you for clarifying that. are you saying with the new 0-tolerance policy at ports of entry, children are not being separated from parents seeking

asylum? >> not 100%. we separate children from parents in two separation -- we don't have out of they are actually a parent or legal guardian and we have cases where children were trafficked by people claiming to be parents but aren't. the second issue, if the parent is prosecuted and we have to separate them. so it is not a policy-based on deterrence but on these two issues, prosecution and can't establish a relationship. >> if they choose to use the port of entry the prosecution won't be contemplating those cases. >> i'm out of time. i yield back. >> the chair recognizes the chairman of the full committee. >> thank you for your many years of stellar service to our nation. we congratulate you on your

retirement. and look forward to working with you in the future. when you talk about sanctuary cities it reminds me when i was a young counterterrorism federal prosecutor after 9/11 working with the joint terrorism task forces a lot of times we couldn't prove material support to a terrorist. what we would do in many cases was you are able to get on immigration violation and deport them from this country. what i worry about what is happening in california and i wrote an article, california's building the wrong wall, they are building a wall between federal law enforcement and local law enforcement. the iwe would define and ice detainer because this is a criminal alien and yet the state has decided we are going to define federal law enforcement, to me the supremacy clause applies and we will win this in the courts. what can you tell me about the danger not only to your agents

who have to chase these people in the streets but danger from counterterrorism? >> there are two issues and we always get back on immigration. a local state agency has chosen to arrest somebody, take the freedom away and lock them in jail. if we know they are here illegally we should have access to that person. they already chose to arrest them so they think they are a risk. we should have access like every other federal agency does. ice should be no different. the other issue that is not talked about is a criminal investigation, terrorism investigation, we had law enforcement agencies that left jt ts because we have hsi agents working for ice on that task force which is part of california sanctuary law we have access to a california

state database with all this information on gained members like ms 13 and numerous gangs. we can no longer access the database because of that because it affects national security and safety and committal investigation aspects. we have cities out there that pass policies, not allowed to assist ice in any way. >> that is a point we need to make as well. the kate steinle incident, the murder. i have a map i want to point out that has to do with special-interest alien pathways into the united states. this was given to me by director tom homan. this is what keeps me up at night. when you look at special-interest aliens coming from pakistan, turkey, syria,

iraq, moscow, to africa, into the western hemisphere with flights on air, sea and land, and a pathway to the united states, we know that thousands, in the thousands, spial-interest aliens try to make it per year. this is why closing the legal loopholes is important. it does no good if you get in and can't deport them. it does no good if you can't prevent them coming in in the first place. there is also a program, i would like the committee to authorize the program with the bitmap program that deals with biometrics and how can we track these individuals and make this journey from very dangerous countries of origin into this

hemisphere particularly to the united states. >> i agree with you on this chart. if we learned anything from the 9/11 commission law enforcement needs to coordinate sharing information. sanctuary city laws prevent that from happening. i'm glad you brought up, not just in immigration issue but public safety national security issue. as far as the pathway, that is a reason after 9/11 you are exactly right. immigration authorities got most of the people involved in terrorist activities arrested because fbi is still working on the case. as far as bitmap we are working with our attaché offices overseas in south america on identifying many known terrorists that these countries and role into the system along with dod and give us a shot at who is on the way.

panama has a great program, people that were known terrorists sent back before we reach our shores. i want to use secretary john kelly to play the away game, it is very important to explain that in other parts of the country, it has proven successful, people who went to do harm to this country stopped on the way, a significant thing. >> i couldn't agree more and i lookorward to working with you to support the program. i yield back. >> the chairman yield back in the chair recognizes mr. filemon vela. >> thank you for the good work you have been doing for this country. i want to vote on the big picture, a 300% increase, a

tremendous increase. >> in the company children. >> what are the actual numbers? >> i can get that to you. about a third of those from mexico, unaccompanied children. >> of 350% increase, was that fiscal year 2008 to 16? did i get that correct? >> there are two increases, one was in the number of pending asylum cases for the past five years. >> not one year, 5 years. >> the other one was the number -- >> what are the actual numbers? >> you are getting that to me. you talk about cartels, folks

looking for asylum. are they sending them over with drugs? are they looking for refugee status are they coming -- i want asylum, by the way do you have a backpack? >> not sure we see that very often. that is a rare occurrence. >> a couple times. >> most everyone is being smuggled and -- >> you don't have actual numbers. i got a couple minutes left. talk about a caravan, how many of those actions made it to the border? sounds like you don't have that number but i hear it is 300.

what i would like to do is put in a question. i want to see what mexico is doing because my understanding is there is an effort to address this issue and they are cooperating with the us. i don't have it at my fingertips and appears you don't either and finally, if i can, i don't want to put any words in your mouth but you said illegal immigrants are dangerous. >> i did not use those words, i did not say that. >> my farmers ask for more workers and they called me from republican areas saying we need more workers on our fields. i said call the administration. i can't do anything. ag is an industry in california

and southern states and it appears we need those farmhands. we are not thinking of these folks as terrorists. >> the opening statement, entry into this country illegally is a crime in violation of federal law. >> they need these farm workers. >> it is up to congress to make some changes in the guest worker program but violating the laws of this country isn't the answer. >> they are needed. let me talk about another political refugee asylum seeker. those folks have a lot of money and transfer that money to the united states, $500,000 gets you a visa. those people are fearing for their economic lives. >> perhaps.

>> from china to others. >> do we look at those as not welcome and what is the distinction? >> it is established by congress. >> and asylum-seekers. correct? under existing law. >> it is -- >> are these asylum-seekers from central america or all over the world? any other specific areas, syria, iraq, syria, china, venezuela? >> there is no war in china. what is the issue? >> there could be political persecution, you could be a member of phelan going, the one child policy drove a lot of children from china. >> the great job you have done, i follow up with questions for

you. >> thank you for being here today and sharing your expertise. you made a compelling case that our policies and loopholes undermine our security and we need to get that fixed, we have the best physical security in place if we are doing catch and release and asylum policy used as a loophole to undermine those efforts. i know we have to fix these laws. we defend our border and it is rule of law, we want legal immigration, not illegal immigration and i went to piggyback on what the chairman brought up, special interest is the only pathway to the us, this area does not get the visibility it should get. we know folks are coming here through pathways but originating from the middle east. some are looking for asylum and

some coming for nefarious reasons. we had homeland security secretary here in the past month. what can you tell us about this? she made the statement that we are tracking roughly 15 suspected terrorists today somewhere in transit. the american people need to know this. we are not doing a good job about that. anything you can edit the unclassified level about suspected terrorists using these pathways and these policies to come into our country? >> the secretary is right. the map program has identified them to travel here. this is the whole issue about the southern border, having true border security. the question from the gentleman from california was criminal

cartels, they don't care if it is an illegal alien looking for farmer, whether there is drugs or if it is a terrorist. they are in the business of moving product illegally and that is how they make their money. we talk about sanctuary cities and angle that carried, get to the city and commit a crime and you are protected, bankrolling committal organizations that murdered by agents, smuggled guns, smuggled weapons and smuggled terrorists. when we talk about the border wall, it is not just an immigration issue but national security issue, they use the same pathways. they are being bankrolled by lack of strong policy. >> let me ask point blank, have we caught suspected terrorists trying to enter the country through these pathways? >> the dl e gives you is recognition that when someone applies for entry, they are

hitting on the database for known and suspected terrorists. that is happening regularly. >> we have caught known or suspected or interdicted terrorists coming here. we do often put this immigration issue the clouds the more fundamental issue of border security and terrorism. i will close with this thought. why are we doing a better job on homeland security and then other areas in communicating with us. it is lost, the american people knew the magnitude of terrorists in the middle east through the southern border, the only pathways to the us in this handout it would change the discussion. he would raise the support levels to improve physical security and policies and the debate becomes easy, you can show physical terrorist threat, but i don't know that we are

making that case. can we do better? mir space on this? >> we are trying. a vast amount of media don't want to report it. to make this about immigrant families, i can't blame anybody for wanting to be part of the greatest country on earth but a story doesn't get past, the wall was put up by ngos and groups, that is why i am trying to talk, we are getting more than just immigration. we are talking about sovereignty, national security. >> some folks see this as a hypothetical issue rather than a real issue in the more real we make it with tangible names, faces, people who come here, terrorist designs on our country, just to make it easier. i yield back.

>> the chair recognizes nanette barragan from california. >> i'm going to go ahead, my colleague said he wanted to make this more real. i want to introduce into the record a statement by olivia, mother of the caravan during the fall of 2017 into the record. she is from -- olivia is from el salvador. one of the deadliest countries that is not in a war zone. she talks about how difficult it is to turn yourself in, talk about what it is like to be intimidated by agents and be separated from her child. for 85 days, her 15-month-old baby was separated and was never the same. those are real stories. that is what is happening. we love to talk about issue of the ms 13 games and paint

immigrants as criminals. that is not the complete facts. that is very offensive for me to see continuing to happen, continuing to message this. the anti-immigrant agenda. there are lots of good immigrants. that i hear this rhetoric. guess what, daca like people are the people we need in this country, they have gone to college, they produce, they contribute to the economy. to put them in the same category is completely offensive. i have been to know about some of these people who come over and seek asylum. i represented a family, and unaccompanied minor, when i was an attorney, i tried to find him also in detention. it is extremely hard to get asylum. it is very hard to get asylum. the standard is very hard and

very high. i had unlimited resources in a big law firm. i can hire experts and even then i couldn't get asylum. was a fraud? no. did she get protections under a different category? it took years. there are people who come to this country because they are fleeing the violence. in my case they killed one of her sons. when one of your children has killed and you have one left, you are going to try to seek safe haven. it makes me sick to my stomach to keep hearing over and over, painting the broad stroke, the picture is those these are folks who are coming he do it is unbelievable to me how this rhetoric continues and to see it continue in a campaign season gets even worse and

worse. just because you don't get asylum doesn't mean it is a fraud. it is something that is so important for me to state. i want to move on to the issue of separation. when 700 children had to be taken from adults claiming to be their parents since october including 100 children under the age of 4, secretary nielsen disputed this figure at a may 15th homeland hearing. 700 children figure was in hhs number, anybody on this panel know what the dhs figure is? >> the actual number of people who were in custody, either unable to determine a familial relationship that we were comfortable with or somebody was prosecuted having crossed

the border illegally because the family separation. >> it is hard for some of these families when they are fleeing violence and leaving their country. they are nothing let me look for documentation, so i can prove this is my child. i had a hard time in my own case having to find people on the ground to get the documents we needed to make a case. people are leaving because they are in the dress -- distress, they are fearful. it is not something they are thinking about before they take off, h i prove this is my child. if i had to proves my relationship with my mother it would take a while. i understand how difficult this is, can you tell me how we are tracking and counting children who are separated? >> everybody taken into custody

goes through a booking procedure, we get biographical information. that is the documentation system. that is how we try to establish if they are related or not. it becomes part of their record. that process is referring them for removal. >>, respond to the speech? no one is anti-immigrant. we are law enforcement officers enforcing a law that you enacted. to say we are in for immigrant is wrong. we are enforcing laws. if you think it is okay to enter the country illegally and should be arrested, that is wrong, the laws state you into the country illegally it is a crime. no one is saying all illegal aliens are criminals. a certain percentage of hard criminals. i have said many times i understand the plight of these people and feel bad for these people but i have a job to do. i have to enforce the law.

>> the gentleman at times expired. the chair recognizes mr. rogers from alabama. >> thank you for your service to this country. i understand i was a little bit late and apologize for that. in march, nearly 1500 person caravan, mostly hondurans, started on a mission to make a 2000 mile trip to our border organized by an advocacy group. is that an accurate characterization of that caravan? and under the pretense they were in danger. with her evidence they were in danger once they were in mexico? do you know how many made it to

the port? >> my staff gave the same number. our records indicate, causing a legal between ports of entry, 100 people on the part of the caravan. 333 presented themselves at port of entry. >> do you know of any individuals in the caravan, in mexico for asylum? >> they did resettle some of the original. roughly 500 you just described tried to stop and stay in mexico. >> i don't know. >> do you know how many of these immigrants have credible fear in the united states. >> we received, referred to us from ice so far, 327 cases of

people we think were part of the caravan. we have completed 216 of these, 205 positive screening. >> do you have any estimate how many immigrants in the caravan may have slipped through the we don't have a handle on? >> i don't know that number. >> back in 2010 pres. obama ordered the national guard to the border to support capacity. when donald trump did the same thing there was a big fuss made about it. what exactly is the role of the national guard when working at the border? >> much like the previous

deployments that got assistance from the national guard we are asking for a number of things. the aviation support, the biggest percentage of what they will give us will be in that. and a number of roles in sector headquarters, helping us watch the screens the camera feeds come into, helping us dispatch and work on other roles to play but that kind of support that allows us to redeploy the agents that might have to do that work, gives us more capacity where they are doing that work. >> do you believe a physical border wall is defective in stemming the role of illegal immigrants? >> it has been very effective and we expected to continue to be. >> do you believe in addition to a physical wall, security systems that support that wall are effective in deterring illegal immigration?

>> when the pres. directed us to make those plans come all the estimates and action planning we have done is that. it is a system that brings a number of capabilities, access and mobility that roadways and avenues toward the border get there immediately. a number of agents, the request we put forward, you have to all three of those things, personal, technology and infrastructure. >> at present the resources to secure the southwest border? >> across-the-board know but we are using all the money the 2018 appropriation gave us to improve conditions as relates to personnel, technology and infrastructure. >> it seems to me this caravan the got so much publicity was a manufactured, to try to exploit our southwest border. is that being a fair characterization? those people for weeks were traveling. >> it does highlight the

discussion, a number of them knew when they made the claim for asylum they were released in the country. >> the chair recognizes val demings for five minutes. >> thank you to our witnesses for being here, good to see you again. commissioner, i would like to address how unaccompanied minors, how reasonable interviews are conducted. as a former social worker and law enforcement officer and former crimes against children detective, i have seen children who experience confusion, fear, sometimes silent after experiencing trauma. i'm sure we all understand these challenges and want to make sure agents have training

and the resources necessary to free unaccompanied minors with the care and consideration every child deserves. what is the status of efforts to address and implement gao's 2015 recommendation for border patrol agents and officers to screen unaccompanied minors? >> we have made a number of improvements since 2014 in responding to the requests and agreed with a lot of findings. there are some training curricula for agents to use in the interview setting when they are with family units and unaccompanied minors. there is an online course agents have to take that is mandatory, some specific training and skills agents use. we try to make sure people doing that interview and processes are trained and have a hard to do it. most of the workforce, all of

our workforce speaks spanish. more than half of them are native speakers if you will. latino or spanish people. we understand from that human perspective the situation these children are in and do everything we can to make them feel comfortable. we made a number of improvements in the enforcement systems to record when people are fed, when interviews take place, if they have a chance, how long they have been in our custody, remove accountability within the systems and invested in facilities specifically designed for this population. >> since 2014, how would you critique the success of the training you have in place? how do you feel it is working and what adjustments have you made since then? >> we have gotten better. the system adjustments and the things we have done to make

sure those facilities, it is where they are getting arrested and interviewed and moving through the system. we tried to understand this population is different from the larger population. we have done a good job making those adjustments. >> tom homan, under what circumstances has ice detained or assumed custody of individuals apprehended at or near the southwest border? if you talked about that earlier i am sorry, i was late. >> ice is appropriated for those in the country illegally. anybody who apprehends if they do not remove them will get custody of them and detain them at the hearing. it is on a case-by-case basis. we don't detain everybody. a flight risk, endanger the community or expedited removal processing. >> what circumstances does ice

apprehends people at or near the border to doj. >> it is part of the 0-tolerance if we criminally arrestable your charged with a crime but as far as the 0-tolerance -- >> i want to add to that. >> based on the attempt to end catch and release the justice department put through the system and secretary followed that up to refer border crossers entering the country illegally will be referred to prosecution. >> i yield back. >> we are going to start a second round here. the people in the caravan, 327 were referred, 216 screens, 205 received a positive screening.

>> that is correct, so far. there are more cases coming. >> of the 216 screens, 94.9% because the slow bar of the possibility of the possibility have made it through. where are they? have they been released to the interior of the united states? >> i can't account for all of it that i can say the issue here ones they are screened if it is negative and a handful of negatives they hold the decision. if it is possible, the idea is they are sent to the immigration judge will determine the finality if they get asylum or not and if these are family units we may release within 20 days. there may not be time to get to the immigration judge. >> you talked about last-in and

first-out, we put them to the end of the line two years from now you are creating another problem which is in demand and they are settling down. if you are doing last in first out what is the timeframe? >> that refers to regular asylum. the 318 cases, it is connected to the credible threat. because of the surge incredible fear we diver people for regular asylum work to do stuff at the border and the backlog for regular asylum went up and up and up so the only way, one of the best ways to address that backlog is to do last in first out by concentrating cases, the benefit and moving on. >> keep us posted on how these cases progress. you are doing everything you can for the administration to

close these loopholes but there are things we need to do to help you. to be clear, 100% prosecution between ports of entry you are going to be prosecuted in policy but if you present yourself at a port of entry and say i have a credible fear you have no prosecution of these loopholes are -- why isn't everybody doing that? it is not a commercial message to start doing that was the cartels are smart, they figure out how to take advantage of our loopholes. one outline up at the courts of entry and i'm concerned with the backlog of legitimate traffic, we talk about the standing being bogged down. what is preventing us, i know they are on us soil from backing up and working with mexico and sake turn around, you're in mexico. >> we are in discussions for that exactly. mexico has done some as relates to the caravan.

and there's a lot more work to do so we prefer people don't make the journey at all but say there is a way for it to get solved and -- >> they do their claims in mexico. >> that may drive player traffic to the port of entry but it is safer condition. they don't have to go in the hands the smuggler, it affects everyone. >> anything we can do at the international boundary, having to process all of them. >> to regulate the port and we are in discussions, we have several agreements with mexico how to repatriate people, we

are having those discussions, and people make this journey. >> a false asylum claim, talking in your written testimony, there is no peace to that. in your written testimony, concerned about people filing that, realizing the loophole and have been in the interior of the united states for ten years, if they say they have a credible fear, gives the work permit, to go from being illegal tbe in legal. >> when it is referred to is this is for regular asylum cases, well-known if you file for asylum, they got a work permit. a lot of people do this on purpose, the backlog is so huge, they get a work permit and wander around for as long

as it takes. many of those people have legitimate claims, many don't and the people who don't clog up people who do, making the correct benefit delayed. >> those who don't have a legitimate claim have been in the country illegally for a long time and identify the loophole they can apply, have a credible fear, and they have a legal work permit. >> yes and some people apply for asylum on purpose knowing they don't have the case, not because they -- they intentionally want to get thrown into immigration court and certain avenues of relief with immigration court they think they can get, one is called cancellation. they file bogus claims on purpose intentionally to get into court and that clog things up. we are wrestling with that trying to get through as quickly as we can. >> on the no teeth to the false asylum claim, think of that.

>> if you file a false claim, usually the penalties, receive notice to get deported. what we would like at dhs is more penalties on fraudulent claims. we also went the definition of what constitutes a fraudulent or frivolous claim, if that were better defined we could weed out greater advocacy that clogs up the system. >> i want to mention tightening that up is in our bill. >> if i could add to that, one thing the process is doing, they have final orders removal, they had to process before an immigration judge. i expect a lot of letters saying why are we targeting

families not criminals but if given due process of the federal judge makes a decision if we don't execute those decisions there is no integrity and system so you see more enforcement. >> i ask unanimous consent for statements from the amnesty international, the national immigration forum, american immigration council and national to mr. quirk alliance. >> without objection. >> a follow-up to the question of the distinction in how people are treated at ports of entry versus between ports of entry, with the new 0-tolerance policy in place, if someone is apprehended between ports of entry and claims credible fear, what happens to them? >> the situation with 0-tolerance, they will be referred to the justice department for illegal entry. if they claim federal fear, that is a separate matter.

while they are in custody, the interview one of france's people once they are concluded, the justice department, there will be a separate matter. >> do you want to follow up? >> just because you're being prosecuted doesn't mean you can't make an asylum claim. if that happens, we have not seen many cases it happens again under the new 0-tolerance policy. that person would go through the prosecution process and be sent back to ice detention at that point. interview them in the normal course for the credible screening. if they are not incompatible. >> what i'm wondering about, you may be familiar with, article 1 of the refugee convention, the united states is one of those shall not impose penalties on account of

their illegal entry or presence on refugees going from a territory for their life which is threatened in the sense of article 1 into or without authorization. what is your take on the united states agreement in 1968 as would apply to people crossing between ports of entry? >> my understanding of the rentable commitment we made under the protocols of the convention are we are not going to return people to the country where they may suffer persecution. we are not doing that. if they claim asylum, we will hear it and incredible fears, they may in the end get asylum. it doesn't mean they didn't

violate the law or 1525 a and the law is the law. they should be prosecuted or punished but that doesn't mean they can't offer assignments we are not going to throw them back to the country where they get persecuted if they have a legitimate asylum claim and not be violating protocol at the convention. >> to be clear, we may agree or disagree whether this is the right thing for these people who claim credible fear, between ports of entry, they are being taken into the criminal justice system. >> i believe so. >> on the issue, we had some discussion about terrorists on the southern border. last time i checked we had encountered more terrorists in the northern border than the southern border. is that true or is that changed? >> it is probably still true.

>> you made some reference that a portion of the personnel in border patrol are spanish speaking. >> correct. it is a pass fail requirement. >> you can understand the serious concern some of us might have with the incident in montana, two american citizens were questioned about their citizenship because they speak spanish. >> i'm aware of that, happened to be in montana. let me start by saying there is a policy in the federal government and law enforcement against racial profiling. the secretary has a statement, the cp has a policy statement that prohibits racial profiling with law enforcement investigations and we expect our people if they are

arresting someone or interacting with the public they treat those people with professionalism, respect and dignity and hold them to account for when they don't do that. in the case of montana, we asked professional responsibility to review the matter. i don't want to prejudge it. they do on a fact-finding and i am happy to give you the full circumstance about what happened but bottom line we expect our people to act with professionalism and when they don't we will hold them accountable for that. >> ideal back. >> lou correa for five minutes. >> the state of california democrats and republicans got together to pass laws on racial profiling and let me tell you, taking the train from san diego to orange county i have been

profiled. marines sitting next to me, guess who gets the question are you an american citizen? it is something we live with and we got to live with it. let me take a few moments to talk about the big picture. anyone think ms 13 is good actors are bad actors? they are bad actors. is there some of these folks from guatemala, do you think they have legitimate fear for their lives given that ms 13 is alive and well in those countries? the answer is probably yes. my question, this is a public policy hearing today trying to iron out public policy. is it the law or a loophole when it comes to refugees? you get somebody who comes from el salvador do we want to change the law to say there should not be a loophole for those folks with a reasonable

credible fear for their lives? i am asking you, folks. do you want to close that loophole? >> we want to be in a situation where people who cross the board illegally if they have a legitimate if i claim they are put in the system and allowed to do that. what is happening now is people are making that claim and are not being held by ice until their hearing so their due process gets lost in their own effort because they don't show -- >> we talked a little while ago about other partners, mexico, i don't want to put words in your mouth, but you said there is cooperation in mexico. i talked to folks in your agency and they tell me there's a lot of cooperation and the numbers of folks coming across in those caravans were drastically reduced by the mexicans but they have their own laws they have to follow

when it comes to humanitarian issues. my question is what you advocate a stronger cooperation with mexicans when it comes to national security including this issue of asylum-seekers? >> we do have -- >> you are a policymaker, a little safer for everybody involved. i don't ask is a policymaker. >> we continue the discussion on all elements of security as relates to the hemisphere with mexico, they are strong partner and they help us cohost a conference on the northern triangle to help them understand the governance challenges am aware investments need to be made so mexico is a great partner but it is one of those things, mexico has an asylum system. if it can be strengthened -- >> the majority of these folks

who get turned back in the mexican territory as opposed to reaching our border. if 10001500 started they quoted that and you said 300 at the border that we know of, more than half. >> 500 of them. i'm aware of the media reports and direct discussion settled the number. >> we do need to close the loopholes, we need congressional action. >> is that a change in the law to tighten up. >> the people -- up advising us, the laws are too lax when it comes to whether you fear for your life or not or something else you want to change?

>> the laws are too lax, we have loopholes. >> what would you tighten? >> 5% immigration court approves 20%, there is something being lost. if 20%, there is a problem. i can say that. do i think some of these people have a solid claim? of course. i think many are taking advantage of the loophole, a small threshold. the problem is they are clogging the system, there are people in this world -- >> is their initial enough money being sent to the judicial branch so they can speedily advocate these claims? >> it is substance and process. if you change nothing you change the process. that would be a big help. if you get the system as it was to contain people until the full process of their asylum was verified -- >> the process, not the loophole. >> that is what issue.

address the settlement situation, holes people as long as it takes to hear their full asylum claim. the other issue is substance. >> what should be the cannibal fear standard? there is a vision that talks about credibility assessments from substantive assessment. that would be helpful if that happens was other people would say the asylum needs to be re-examined. that is a separate issue as well. >> from california for five minutes. >> i heard the comment that 25% qualified for asylum means there is an abuse happening. one of the reasons it can be so low is these people are not entitled to counsel. as i mentioned, it is very hard to meet the legal requirements

which you almost cannot increase the standard, it is already so high. i believe if we gave people counsel, you would see the 20% number increased by quite a bit. i am not sure, i don't think the logic follows that only 20% are granted asylum and there are all these abuses which have you been in the system, litigated asylum cases, i know how challenging it is or the difference it makes when we ve counsel. most people who don't have a difficult time because it is so high. i want to go back to the issue, lee francis cissna mentioned how do you determine a person's claim is fraudulent? how is that made? >> it can be ineligible.

>> how do you determine it? >> it manifested, not the form of facts, to determine if the person is lying. >> the numbers fraudulent under the definition? >> how many people are making fraudulent claims in regular asylum. >> do you have numbers on how many asylum claims were denied that led to perjury charges? >> don't have that. >> can you get those to me in writing? that would be great. i wanted to touch upon the incident that occurred, the cvp has a 100 mile radius

jurisdiction where you can engage with somebody for reasonable suspicion of immigration violation or crime. is that correct roughly? >> roughly. the court, through case law, have given us jurisdiction to do a number of things near the border, loosely defined as 100 miles. >> if you look at the map, most of los angeles is on the coast. correct? >> that is true for a number of coastal states. >> how often would you say an officer is going tengage with somebody and start questioning them about their status because they are speaking spanish? >> i don't think it happens often at all. they are trained to do number of things look at a number of factors before they make a stop for someone. in this case, it was roughly 40

miles from the border. >> okay. so should i advise my constituents that are within 40 miles of the border they shouldn't be speaking spanish anymore? >> i wouldn't do that. >> what device could you give? i speak spanish. it was my first language. it is nice to speak two languages. there is a shortage of workers who employer seek to speak two languages and spanish is often one of them. i get questions now of does this mean i shouldn't speak spanish anymore? ..

the total circumstances. >> if that happens to somebody are they allowed to put their cell phone and start documenting their being held for 35-40 minutes or whatever? >> are agents are regularly filled in the performance of the duties and cbp has paid and investment in changing policy and time for us to use incident driven video recordings. we will be investing and applying a a number of camerasn the workspace. some of those will be worn by agents. >> agents will not delete the videos, right? >> there's a whole policy that

threats have used the video and how they distort and collected, et cetera. >> thank you. i yelled back. >> the gentlelady yields back. as we wrap up i want to thank the gentleman for the testimony today and your service. we talked today about trying to build a policy walt vinod to secure our country secure border to stop having people take advantage of loopholes in the law. to summarize, some of those loopholes that we've been working together with you to close, the first is to raise the standard initial asylum interview that happens at the border which is so low that nearly everybody can make it through. the second is to hold individuals as long as it takes with for them to have due process in order to process a claim. the third is to make it and admissible in our country if you are a serious criminal or a gang or gang member or a terrorist which i cannot believe it isn't a part of the law but we have to change that law. the fourth is to have a swift

removal of you if you are denied. the fifth is to terminate your a silent if you were to get it if you return back to your country with that in material change in the conditions. clearly if you are afraid for your life but you go back to visit, then something is not right. you're assignment should be considered for termination. the sixth is the could be an expeditious return of unaccompanied minors to noncontiguous countries so we can swiftly returned them just like we can to mexico. and the last is to increase the penalties for false asylum claims the motor to deter and hold people accountable. is that a good summary of many of the loopholes were talking about today? [inaudible] >> thank you. these all are in our bill, the secure america's future act. these are common sense reforms that will keep our country safe and keep our communities safe. i just want to encourage, don't have any members left ear, all members on both sides of the aisle, look at our bill.

read our bill. study our bill. if you suggested improvements to our bill then please bring them to us and we will work with you in order to get the bill to a place that we can get you 118 people to vote for it and get out of the people's house, the house of representatives. the time is urgent some to represent a quarter community who is dealing with these public safety threats and ashes could he threats on a daily basis and the communities are represented as you all under a draft every single day dealing with these threats. the time is urgent. this is not time to play politics. this is time for people to solve this issue and close these loopholes to keep us safe. i want to thank the gentleman for the testimony and members for the question. what you take effect director homan for your years to our country and many law enforcement positions, god bless you in your transition out and thanks for your service and all you've done for us. members of the gimme may have additional for