iowa. that is live on c-span 2. senate and a polish town known --they visit a military base. we talked to tucker carlson about the republican president to raise. it is the opposition. it it is liberalism. i was in a row before many of those. i fought for the reforms. before another roosevelt. >> who's a member of the

democratic party for over 20 years. he spoke out for civil-rights, becoming the foreign ambassador for his former am president. his lead the 14 men featured in the new series. >> they said the obama administration is set to begin deportation cases. they also heard complaints. it is about the tea s.a. airport screening procedure. this is two hours. >

last tuesday we learned of a fold assassination attempt in the united states of the saudi ambassador to the united states -- of a foiled assassination attempt. based on a was in the press, we know that would have been a disaster the weight they wanted to carry that out. this case involves the department of justice, the dea in a coordinated effort to stop a terrorism act on u.s. soil. i want to praise the agencies involved in the investigation. they did not engage in armchair quarterbacking about whether the suspect should be sent to guantanamo bay. a terrorist attempt to blow up an airplane on christmas day, some politicians used the occasion to criticize the attorney general after the suspect was arrested and made all kinds of claims, none of which came true.

people are asking why he was given miranda rights. if someone is going to confess, they will confess given the miranda rights or not. it is more difficult to make them stop talking. we got a lot of useful intelligence from the suspect. people complain about him going to federal court. he showed -- we showed that our courts work, they are open. he pled guilty and faces a potential life sentence. prosecution can feel happy that they followed the way they did and not listen to the monday quarterbacks. he now faces a potential life sentence. that means more than 400 terrorism cases prosecuted by

the department of justice since september 11, 2001. the president and the national security team have done a tremendous job of taking the fight to our enemies. earlier this year the president ordered a successful strike against osama bin laden. he stayed focused on destroying al qaeda from his first day in office. i know teams were put together after the president came into office. i commend him and the cia and others on that. a terrorist operative was located in yemen. one case was horrible and tragic, the case at fort hood. do we remain vigilant? of course.

in the aftermath of 9/11, the country has spent trillions of dollars trying to shore up our security. there were some wasteful and ineffective measures in the early years. the bush-cheney administration shifted our focus from bin laden to sodom hussein -- to sodom hussein -- saddam hussein in iraq. we continue to take money from programs in the united states including education and medical research, and we dump it into iraq. we are ready for any discussion about a new chapter in our efforts. secretary napolitano, we first met back in the days when you were a prosecutor and ag. i have a great deal of admiration for you and the way you run your office and i think

you for joining us today. i look forward to hearing from you today. our priorities should be moving forward. i hope that your department can strengthen its efforts to provide knowledge -- others have been devastated by these recent natural disasters. this is much needed. i do appreciate all the department's efforts in rebuilding after the devastating floods we experienced this spring and summer. i was born in vermont and i've never seen anything so disastrous in my life. it reminds me of the stories my parents and grandparents were talking about 100 years ago. this is difficult for americans as winter approaches. we should not complicate the situation with the edit certainty that comes from ideologically -- the result in

inaction and funding for disaster relief. the american people wait for disaster assistance should not be victimized again. americans should help other americans as we have for generations. as somebody said to me, we seem to have an unlimited amount of money to build roads and houses and bridges in iraq and afghanistan. americans will protect them and use them. we bear the full brunt of hurricane irene. businesses were destroyed. i want to compliment the minister for fema and the staff.

my wife and i have visited some of the fema offices and we thank the people that were doing that. from border security and other areas, we have a progress report. i think it is time to renew a discussion on comprehensive immigration reform. the discussion went off track after a bill was passed in 2006. i look forward to your help there. change is never quick or simple. the kind of change depends on determination. i realize it is a different world than when my grandparents emigrated from italy to the united states to vermont, but we have to realize that we're a nation of immigrants and we have to have a better immigration policy. i look forward to the day when

barricades began to fall. hearts and minds will change. new doors of opportunities will spring open. immigrants won only to live the american dream -- immigrants want only to live the american dream. so with that, senator grassley, i yield to you. >> it is often an overlooked function for members. it is not always glamorous. it is hard work and it can be frustrating because of bureaucratic stonewalling. the president-elect was talking about the most transparent government ever. unfortunate, this administration has been far from transparent.

today's hearing will give us an opportunity to ask questions. i am frustrated by the less than forthcoming and just we have received from me administration. we need a little bit more straight talk. i feel our concerns are often dismissed. last week, 19 senators received a response to a letter that we sent to the president about immigration policies. the response did not come from the secretary. it came from a bureaucrat in the office of legislative bureaucratic affairs. it is as if our concerns are trivial or insignificant. we wrote to the president. a memo encouraged immigration and customs enforcement officers to exercise prosecuting discretion. officers were asked to consider the aliens' lanes of presence in the united states, particularly if the alien came as a young child, their age, service in the military, and pursued an education in the united states. on august 80, the secretary announced an initiative to establish a working group to sort through a number of cases currently pending before the federal courts to determine if they can be closed.

combined these directors are alarming, especially to those of us who believe in the rule of law. we have many unanswered questions. we want answers and we want transparency and accountability. we are a part of the process. the american people are shareholders. americans also want the truth. i am frustrated about the administration's tactics in clan that had deported more undocumented people than ever before.

the secretary continues to use statistics that are inflated. that office has been around awhile, since 1883. so i would like to know why the secretary jury picks what numbers she wants to use or refuses to use the statistics provided by the office of immigration reform. i will point out to all of you to look at the poster. the department has a credibility problem. there was a headline that says -- "unusual methods help ice break deportation methods." there were patting the numbers -- they were padding the numbers. the secretary gave a speech on october 5, saying in 2010, ice removed over to order thousand criminals -- 200,000 criminals. there was a difference of 27,000. we do not know what to believe. the department is using different methodology from one year to the next.

homeland security personnel are encouraging people to do what they can't to increase the removal numbers. there is funny business going on and the department's credibility is at stake. but don't just take it from this senator. even the president and knowledge that the numbers are

dubious. president obama said that the statistics are a level deceptive. i would like to hear from the secretary about what they continued to use these deceptive statistics and when the continue to use iced figures -- ice figures. i like assurances that this administration is not using creative ways to keep as many undocumented people in this country. we have talked about deferred action and parole. one of the most egregious options in that memo was a proposal to lessen the extreme hardship standard. "to increase the number of individuals applying for waivers and improve their chances of deceiving them. they could issue a regular -- regulations specifying a lower the evidentiary standard for extreme hardship.

if the standard is lessened, there will be able to bypass the bars that are clearly laid out." i expect to hear from the secretary anything is being laid out. i will wonder that such an action will be a blatant attempt to circumvent the laws that were put in place. i am concerned by the administration's position when it comes to suing states when it comes to immigration laws. news reports claims that there are challenges in utah, georgia, and south carolina. what about cities and states that ignore federal law?

will the administration turn a blind eye to them? i've asked secretary napolitano about the involvement of custom officers been detailed to phoenix to the operation. i ask the secretary about whether she had any communication about fast and furious with her former chief of staff who was the u.s. attorney in arizona responsible -- i did not give any response back. mr. burke is to be commanded to be the only person to resign and take responsibility for the failed operation. i do not feel he should be obligated to be the only fall guy.

others should step up to take responsibility. thank you. >> thank you. secretary napolitano, the free to start. i think the senators -- i thank the senators. others will be joining us. there are a number of other hearings going on at the same time, as you know from your own experience. most of us served on half a dozen different committees. someone not be here. please go ahead. >> thank you, mr. chairman, for the opportunity to testify today. i would like to update you on

the progress we're making, particularly with respect to our efforts to prevent terrorism and to enhance security and to secure and manage our borders and to enforce our immigration laws. we have continued to grow and mature as the department by strengthening our existing capabilities, building new ones, enhancing our partnerships across all levels of government and with the private sector, and streamline our operations and increasing efficiency. we know the terrorist threat facing our country has evolved significantly over the last 10 years, and continues to evolve. we thought face a threat environment where violent extremism and terrorism are not defined or contained by international borders. we must address threats that are homegrown as well as those that originate abroad. dhs has worked to build a new architecture to better defend against this evolving terrorist threat. we're working with law enforcement and community-based organizations to counter violent extremism at its source, using many of the same strategies that have proven successful in combating violence in american communities. we are focused on getting resources and information out of washington, d.c., and into the hands of state and local law enforcement, to provide them with the tools they need to combat threats.

we continue to participate in joint task forces and work with our partners at the department of justice on the nationwide suspicious activity reporting initiative. we encourage the public to play a role -- if you see something, say something. we replaced the color-coded alert system with a new national terrorism advisory system to provide timely information about credible terrorist threats and recommended security measures. these steps provide a strong foundation that dhs and our partners can use to protect communities, engage and partner

with the international committee, and protect the privacy rights and civil liberties of all americans. this administration has dedicated unprecedented resources to securing our borders. we have made the enforcement of our immigration law smarter and more effective, focusing our resources on removing those individuals who fit our highest priorities. these include criminal aliens as well as repeat immigration law violators, recent border crossings, an immigration fugitives. the efforts are achieving unprecedented results. overall, ice remove nearly 397,000 individuals. 90% of those fell within one of our priority categories. 55% or more than 216,000 of the people removed were convicted criminal aliens. 89% increase in the removal of criminals over fiscal year 2008. this includes more than 87,000

individuals convicted of homicide, sexual offenses, or driving under the influence. we removed -- more than 2/3 in fiscal year 2011 fell into recent border crossing and fugitives. as part of the effort to continue to focus the immigration systems resources on high prairie cases, ice has implemented policies to insure that those enforcing immigration laws make appropriate use of the discretion they already have in deciding the types of individuals prioritize for removal from the country.

this policy will help immigration judges and the federal courts to focus on adjudicating a high priority removal cases more swiftly and in greater numbers, enhancing ice's ability to remove convicted criminals. this will promote border security. it will allow for the expansion of ice operations along the southwest border. we have stepped up our actions against employers who hire illegal labor and take action to identify visa overstays and combat human trafficking. smart enforcement is just one part of the overall puzzle. this administration is committed to making sure we have a southern border that is safe, secure, and open for business. we have more than -- we are two years into our initiative.

the additional manpower and resources we have added with bipartisan support are working. illegal immigration the thames have decreased -- illegal immigration attempts have decreased over the past two years and are less than 1/3 of what they were at their peak. we have matched decreases in apprehension with increases in seizures of cash, drugs, and weapons. violent crime has remained flat or falling in the past decade. cbp is developing an index that will represent what is happening at the border and allow us to better measure our progress there. i look forward to updating this committee.

uscis continues to provide immigration benefits and services to those eligible in a timely manner by streamlining and modernizing its operations. we know war is required to address our immigration challenges. president obama is firm in its commitment to advancing immigration reform, and i look forward to working with this committee and with the congress to achieve this goal, and to continue to set benchmarks for our success in the future. i like to thank this committee for its support of our mission to keep the united states safe. i want to thank the men and women who are working day and night to protect and defend our country, often at great personal risk. i'm happy to take your questions, mr. chairman.

>> thank you, madame secretary. all prosecutors have to make at least some decisions based upon resources. the state's attorney in vermont or an attorney general. we have to be realistic about the situation we face. it will be impossible to deport all the immigrants in the united states who are undocumented. nobody is asking the government to redirect billions of dollars to try to remove 10 million individuals, even if you could. that is not an amnesty policy. not all people are going to be given the opportunity to work. dhs is still deporting record number of immigrants each year.

over a million in this administration since taking office. so, let me ask you this. how does is discretion policy strengthen law-enforcement and border security? is it a good use of our federal resources? >> you have hit the nail on the head. any prosecution office has finite resources. you have to set priorities. what has been a bit surprising is the reaction that somehow the prosecution memo that director morton was something new. if you go back, there is u.s. supreme court case law and there are memos from directors in both republican and democratic administrations, and makes common sense. so when look at the fact that there are 10 million or so illegal immigrants probably in the country, and the congress gives us the resources to remove approximately 400,000 per year, the question is, who are gone to prioritize?

we want to prioritize those who are convicted criminals, those who are egregious immigration and repeat violators, want to prioritize those who are security threats, those who have existing warrants. what you see happening now, particularly over the last year, it is that while the number, around 40,000, remains about the same, the composition of those with and that number -- the number, around 400,000, it is shipping to reflect the priorities we have said -- it is shifting to reflect the priorities we have set. >> a large number of the departure of agriculture people will check for invasive pests and plants , across our border and shifted to look for terrorists.

there was a colossal mistake. we find in a vase of pests -- we find in a vase of pests -- invasive pests -- local governments, almost $2 billion. we have to be concerned about that. we have a lot of things across our borders. these pests can cost taxpayers billions and billions of dollars a year plus irreparable damage. too many slipped in. they have thrown the quality of our food supply. some senators would like to see the inspectors returned to the

usda. others say we should elevate agriculture mission within the border patrol. what should we do? how can -- what kind of a surges can you give us that the inspections needed -- the airports, the crossings, seaports, even rail is going to be done the way it should. this is a growing problem in the united states for these invasive pests.

>> we have within cbp about 2000 agriculture specialists located at the ports of entry to search for exactly what you are suggesting, which are different kinds of pests, things that could wipe out entire crop very quickly should they take hold in the nine states -- in the united states. i don't have an opinion to express now on whether some of the agriculture department should take over this role, but i will say --

>> you would except the fact that it is an important -- >> absolutely. >> i hope you look to this carefully. i want to make sure we of the best people possible on that. i would not have the foggiest idea what to look for in plants, but we have experts who do. whether the best people are, they should be doing that. the danger to this country is significant. >> i would agree, and the people who do are specially trained in this regard. >> the program is administered -- in vermont -- i am sure is the same as other states -- dairy farmers, apple growers who experienced difficult challenges within the department

of labor and i'm afraid we are maintaining something that is fundamentally unfair. i am not alone with my frustration. a seasonal visa for a dairy farmer doesn't do them much good. "stand by, we'll be back in a few months to milk you." there was a bill to provide dairy farmers access to the program. we have introduced a similar bill. now, if i had my druthers, it would be to tackle immigration in a broad matter.

it was somewhat too complicated. would you support this in a bipartisan effort to provide some basic fairness in the program for dairy farmers and sheepherders? >> with the caveat that we always want to see the actual language. the answer is yes. we have had this dairy issue for a couple of years. our hands are tied until the law is changed. >> look at another thing. material support for terrorism. a case of refugees that sold flowers and give it bowl of rice to a terrorist organization. somebody gives a donation of the dollar is one thing. somebody gives hundreds of

dollars is another. somebody who sells flowers to a terrorist is not providing support to terrorist. can we take a look at the interpretation of what is material support so that we're dealing with material support and not in material support -- and not immaterial support. >> this is something that involves the department of justice. the answer is yes. i think we have been providing some clarification with respect to those who provide medicare -- medical care. so the answer is yes. >> i remember the old days of j. edgar hoover. the fbi would come running. there was a stolen car that was recovered.

the recovered $10,000 in maybe a banged-up old ford. i do not want somebody that tries to make statistics a material thing. >> thank you, madame secretary, for coming. i will ask you for some memos to you just referred to that previous administrations have exercise prosecutorial discretion, both republicans and -- both in a republican and democratic administration. i would like to of copies of those. >> these memos are referred to by date and author. we will give you copies of them.

>> you announce the prosecutorial initiative focusing on the high party cases where you say the working group is still finalizing -- this committee needs some answers about what has been discussed and decided up to this point. we hear estimates of the number of cases that could be reviewed. some say is up to 1 million. could you give us an estimate? >> referring to the master docket. roughly 300,000. >> ok. will those of final orders of removal be eligible for relief through this process? >> absent unusual circumstances, no.

this is for cases of them are pending that are clogging up the docket and preventing us from getting to the higher-priority cases. >> some individuals who are given relief will obtained work authorizations so people with no right to be in the country will be allowed to work here. is that correct? >> since around 1986, there has been a process where those who are technically unlawfully in the country may apply for work authorization. this goes -- those cases are reviewed by cis on a case by case basis. there is no change in the process. that goes back to the mid 80's. >> some could have an opportunity to work even though they are here illegally. >> that happens now, senator. >> i would like to have those

questions answered in a timely manner, please. we do that -- would you do that? >> i would be happy to. >> the number of work authorizations approved. >> we will be happy to keep the committee staff apprised. i don't know what to me about real time. i think we can reach an agreement about how to keep the committee briefed. >> periodic updates. thank you. there's some discussion about giving one function to homeland security. " when security have final authority over visa policies. all of these applicants between

14 and 79 be interviewed in person with only a few limited exceptions. this was because 17 of the september 19, 1911 hijackers had visas without an interview. i'm concerned about attempts to do away with the in-person interview. this is a september 10 mentality. do you think all visa applicants should be interviewed? we push back on an attempt by the department to roll back the in-person requirements?

>> i need to look into that. we have our own people in many indices as visa security program officers who do separate security checks. i think we need to support that and look at that function because that is a check against many relevant databases. we need to do it at least on a risk basis. >> i have serious concerns about the proposal outline of a memo that was released last summer. i brought this issue up when the memo was released and fled to be an egregious option that would need to discuss. the authors suggest some people could apply and receive a waiver to stay in the united states and not be subject to the congressional mandate three and 10-year bars. are you aware of any discussions? >> i think what you're putting

your finger on it is the fact that the existing immigration what is very difficult. it is something that we would urge the congress to take a look at holistic play. we're ready to work with the congress on that. might discussions have focused primarily on making sure -- my discussions have focused on making sure that we're prioritizing in a common-sense way consistent with what i've been informed this committee since i first became secretary. >> have you received any memo on the proposal? >> not that i'm aware of, no. >> is such a memo would arrive at your desk, which reconsider its debt on its arrival -- would you consider it dead on arrival?

>> i understand your concerns. >> you understand that congress needs to deal with it. that is my point of view. i mentioned former u.s. attorney in my opening statement. this is an issue i asked you can't do you want to respond to in writing? have you any correspondence with mr. burke about that? >> no. >> so you did not talk with them.

>> that is a different question. >> you have had some communication -- >> not about fast and furious. i went to arizona a few days after to help look for the shooters. no one had done the forensics on the guns and fast and furious was not mentioned. i wanted to be sure that those responsible for his death were brought to justice that every doj resources was being brought to bear. it would have been december of 2009 about the murder of agent terry. at that time, nobody knew about fast and furious. that is a different question. >> what -- have done things beyond what you just told me looking into the fast and furious? if you have a, that's ok -- if you haven't, that is okay. >> i did ask ice to look into if there's any involvement there. we're waiting for the inspector general.

>> one last question. i have concerns that this administration chooses to sue some states and turns a blind eye to places like cook county, illinois. have you had any discussion with the department of just about suing cities or states over undocumented immigrants? have you had any contact with cook county about the ordinance? >> i have not had any communications myself with cook county. one of the key tools we're using to enforce the prairies we have set with respect to removals is the installation of certain secure communities throughout

the country and jails and prisons. the huge majority of jurisdictions have no problem with this. we have been improving the system as we have been doing the installation. we intend and expect to be completed by the year 2013. >> thank you, madame secretary. >> having removed the threat of 97,000 last year, your -- having removed 397,000, you are removing a lot. >> one of the biggest apartments in the united states government. i just want to say i think you're doing a very good job. i think the times are tough. i think leadership is very hard in this time. a lot of things are controversial.

i just want you to know that you have my support and i want you to know that i want to do everything we can to prevent guns from going to mexico, because i know where they end up, and that is not good for anyone. i want to concentrate on two programs. one of them is student visa fraud and the other is the visa waiver program. let me begin with student visa fraud. i got into this many years ago where there was a storefront school next to our san diego office. it turned out to be a phony university. essentially attracting people from abroad illegally to come to the united states on a student visa and then they disappeared. that was a long time ago. but it is still going on. as late as i believe in january of this year, there was tri- valley university which is in

california which was authorized for 30 students and had some 1500. it was really a scam. they collected up to 5% of the tuition -- each for national collective up to 5% of the tuition of any new student. there was profit sharing and visa fraud. today i understand that there are more than 10,500 schools approved by dhs to except not immigrant students and exchange visitors to study at their institutions through the student exchange visitor program. i am concerned about the number that have been turned out -- that turned out not to be operating for student purposes.

my understanding is that an internal risk analysis determined that 417 schools have shown evidence of being a high risk school for fraud. so here's the question. what type of enforcement measures have been brought to bear and initiated by the department to get at the high- risk schools? >> senator, i share your concern. we have increased the number of individuals who are looking at the program. these institutions -- tri-valley was one of the cases were

brought to light. we're working with the department of justice to prosecute the perpetrators and tightening up the whole student visa program. i would be happy to send you a longer answer to all the efforts there, but i think i can say that this is a concern and we've been putting additional resources to it. >> universities that took the students were not even verifying that they in fact were in the university. we had an agreement then to the university association that that would change. i suspect now that schools have so many financial problems that there may be an inclination to accept more foreign students who really do not turn up but pay a large amount of money. so i think it's a good thing to be under guard and i appreciate the fact you are. by other interest was in the visa waiver program.

i believe -- my other interest. a number of illegal entries came in to the visa waiver program. if you come from a visa waiver country, you, and without a visa and are supposed to leave in six months. we have had no exit system. we cannot tell who was leaving and who was staying. a new database system that is supposed to -- right, right. the electronic travel system -- a recent report identified several measures that you should take. i sent a letter to you dated august 15 requesting information on your efforts to implement the gao's recommendations. i'm not received a response. here's the question. what are the department's efforts to implement the gao recommendations to improve the

visa waiver program? so that we know that someone who comes here at least when they're supposed to leave. is supposed to be a visitor program, not a permanent program because that is right. i apologize that you don't have a response. you'll get one fourth left -- forthwith. a lot of times there is a lag between day-to-day -- what is growing happening. as we have improved our systems and as we have been able to merge or develop search engines that can quickly search different data bases, the numbers have gone up, the czechs have gone up and we have developed a robust by graphic -- the checks have gone up.

>> how many visa entrance are there a year -- visa waiver entrance? >> i did not have that number but it is a lot. >> show me the assessments that you have pursuant to this data program of people not returning to their home country. i appreciate that. thank you. senator hatch. >> thank you. welcome. we are happy to have you here. immigration and customs enforcement officials conducted -- they included the facility does not meet the established ice detention standards.

if they can no longer house 30 to 60 ice detainees. they claim ice mandates there detainees don't undergo a strip searches, can't have a their mail read. the share said that is desperate treatment -- the sheriff said that is desperate treatment. what are the options in your opinion for local jails that are not able to comply with some of the more costlier attention standards? do you agree there is a role for some of these non compliant jails that are assisting ice officials?

>> i have to look at this jail situation. we use water jails around the country. they have no problem complying -- we used a lot of jails. >> please look into that. it seems ridiculous to me. >> that doesn't sound completely accurate. we'll take a look. >> i will appreciate that. as far as i know, they are humane. one recommendation is to create a visa exit program for foreign visitors in the united states. this is file to determine whether foreign visitors maintain their visa status for these visitors. not to mention the ability to track this goes to the heart of it.

that is why we are strengthening our commitment to the american security act which would require to create a mandatory exit procedure in united states paid the task of determining whether aliens have overstayed their visas seems impossible. since 2004, they have been testing the airports for visa holders. another program was conducted. we have not seen any implementation. there are no signs of conclusions made by the department. i prefer not to create this

legislatively. it may be the only way we will get the results we need. if technology is available, why hasn't been a focus did? how many more years do we have to wait? >> we have to distinguish between biometrics and a very robust database. we do not have this even to three years ago. it is very expensive. i do not see how we can actually installed over the next few years. we can get to the same point

easing the buyout traffic -- be biographical ends we are deploying. we of looking at the backlogs of the visa over state. one thing we have discovered is that about half of this people have left. now we run the other half against our priorities. this way we can prioritize. their meeting are other priorities. >> i have been getting a lot of complaints about the monitoring stations. people do not want to go through the exit a. they line up on the one side.

some of them are forcing them to go through the x-ray station. >> if they say they would rather go through the other one, and you have to pare it down. why do you need a pat down tax is that just a way of enforcing it to? >> give me the reason why a person cannot hihave his or her choice. maybe they plane and not like to go through. >> abdullah polyp and others have been trying on the plane.

it does not have a metal components. we have about 1.8 million passengers a day. things we can do to make it easier for passengers to process the system. we continue to look for ways. this is the actual threat we're dealing with. cracks this is what they prefer. why did they have to be forced to go through id? >> i do not know about that. the years i have a choice.

-- most of them have a choice. >> people ought to >> it seems to me that people ought to be able to use either one. admittedly, if somebody looks suspicious, you got to have that right to have them go through the more serious station, i guess. but the vast majority of people are not suspicious at all. and i have just had a lot of complaints about that. >> i would be happy to look into both the weber county jail situation and those complaints and see. weeber? i apologize for that. it seems -- >> it seems ridiculous that they need to provide facilities they did not provide for regular people and yet they are a humane jail? >> i would like to work with the senior senator of utah on

the issue he raises. you are absolutely right. most pilots will not go through the x-ray. i realize some former members of homeland security had lobbied -- have lobbied to get the government to spend hundreds of millions of dollars on these things, most of which we probably don't want. maybe they feel they have to use it. but i have this set -- i have seen the exact same situation. members of my own family are cancer survivors and will not go through it and have to wait and wait. sometimes you get the impression the almost want to make you miss your airplane. children having to go through -- it is just -- when we hear others talk about it, it is almost this arrogant disregard

for real americans who have to put up with this baloney. i realize the need for security, but it just -- i share the frustration is the center -- the senator of utah has. >> my wife goes through a larger station -- i don't know how to refer to it. i lined up to go through that and i have been forced at least twice and i always comply. i never raise a fuss, nor would i. but it seems to me -- maybe i look like a terrorist. i don't know. but i don't think so. i am really very kind and loving. [laughter] >> i do provide amusement of

people -- for people taking cellphone pictures. there is a law against taking photographs -- of course, there is no such law. it is just one more example. we will go through it and do it and maybe miss your airplane because they are annoyed that you actually want to protect your rights. it is a shame because you have some very nice people working at tsa. >> i do have a great crew working but i do appreciate the concerns. >> at the very top there is a disconnect with reality and there seems to being -- be -- >> i agree with that. your employees have been great and i will always comply with whatever they say. >> so do i.. >> i know you will, too. but there is a ridiculous nature sometimes.

they have always been very gracious and nice to everybody -- >> i will continue to look into it and improve and we will work with you and looking to your complaints. i understand that and why people get concerned and frustrated when they travel. but i also think we have the safest aviation system in the world, and there is a reason for that. senator, i will give you that. you look kind of loving and we should be able to handle this and also -- >> he usually is. understanding that the people who work there are some of the nicest i have met but i worry about some of the directions they get from the top are so unrelated to reality that it is frustrating. sometimes, yes. senator grassley reminded us of the risk federal law enforcement officials face.

beginning of 200912 department homeland security law enforcement officers lost their lives in the line of duty -- since 2009, 12 department homeland security law enforcement officers lost their lives in the line of duty. a reminder that people in your department put their lives on the line every single day for all of us here, including the tsa folks. senator schumer? >> thank you, mr. chairman. let me pay you a compliment to start off. secretary napolitano, i think your administration is doing -- i want to pay a compliment on immigration enforcement because your administration is the first really to take a rational

approach to this issue and the statistics speak for themselves. you are using scarce enforcement resources to deport many more dangerous and plot -- criminals and focusing on making this a rather than causing disruption of economies and families to placate critics. in a great deal of sense when you have scarce resources, -- it makes a great deal of sense when you have been scarce resources to focus on criminals. i sent you a letter on april 14 to ask you to implement the changes. you are doing a good job. >> thank you, sir. >> now, a couple of questions. one is about the peace bridge on the buffalo-canada border, of great importance to the western new york economy. in yesterday's "globe and mail" there was an article indicating there was a borders -- imminent border security agreement and it specifically quotes "the united states needs to find ways of expediting low risk cargo and travelers and focus resources on high risk traffic."

know where is it more true than on those two bridges. they are respectively the third and fourth busiest commercial crossings in the nation, handling $30 billion of commerce between the u.s. and canada. but my office has been fielding lot of complaints from business leaders, average citizens, about the length of time it takes for commercial traffic to enter the u.s. and canada. it is mainly because of the space on the new york side of the border is a very small. there is plenty of space on the canadian side. if we could do the inspections on the canadian side, it would be good. could you commit that as part of any future border deal with canada you would expedite commercial truck traffic to the united states from canada by prescreening the trucks on the canadian side of the bridge and this screening will begin soon? >> yes. >> great.

no better answer than that. let's go on to our next one. it always pays to start off with a complement. [laughter] >> you can do that again, if you want. [laughter] >> man attack threats -- nanotech threats. recent reports have highlighted -- you know the test has been a nightmare for us. this has been -- >> and if i might expand, i thought your question permitted a yes or no answer. but we really are very interested in how we can expedite the free flow of goods on both borders, northern and southern. and looking at ways where we can do pre-inspections, if not actual pre-clearance on the canadian side and facilitate that into some of the smaller areas on the u.s. side. you clearly got our attention. >> this is just what we need because you could have a whole lot of votes on the canadian

side and you can't on the new york side because of geography. nanotech -- recent report highlighted an emerging threat. growing concern that universities with nano- technology researchers -- kennedy targeted with package bombs. these same terrorists are linked to attacks and south america, canada, and europe, but it clearly have the ability to cross international borders. new york state is one of the leading nano-technology hubs. the albany region is probably number one in the country. at the moment it is my impression the department of homeless security is not participating in efforts to keep schools and other homes safe from attack. can you commit to working with and helping our new york universities and nano- technology hopes to detect and thwart threats?

and is your department assisting the fbi to go after these groups? >> without commenting on investigations in an open settings, i will say that we are working with universities and schools across the country on a number of things to increase their security measures. >> we have not had that for the new york schools. >> let me look into this, senator, and we will get back to you in terms of exactly what is going on. >> i am sure you will have no problem working with our new york schools to make them safer. good, thank you. finally, this is about fake i.d.'s from china. i wrote you a letter in august, you may remember, about companies in china that produced exact replicas of driver's licenses from various states for sale to people who might be terrorists, and illegal immigrants, or primarily underage teenagers

trying to drink illegally. these licenses are very well done, with the bar code and everything else. very hard for the person at the bar or wherever else to actually detect they are false. sometimes you can detect it by a false address but they usually give and out of state address. if a new york bar in syracuse get a driver's license that says altoona, pennsylvania, he has no idea there is no 123 elm street there. last week western union gave me good news by agreeing to work with the dhs to refuse payment to businesses whom you indicate -- when you indicate to them that are providing fake i.d.'s from china. this is the only way to cut it off, if they don't allow them to wire money, that is what they do. western union took a big step forward. he of the work is not done. these new false id's pose a major threat to the security of the u.s., as anyone on a no-fly wish -- list or terror list. a tsa agent who has the

backlight is incapable -- not their fault -- is simply not capable of detecting whether these id's are real or fake. i am asking you to install, to begin installing integrated electronic i.d. readers act tsa security points that can electronically scan and verify that the identification provided by an airline passenger in order to board a flight is indeed invalid identification. the reader should also electronically scan the name against terrorist list, no-fly list, etc. are we on a path to do this? what is happening? >> yes, we are on a path. there is an installation plan. part may be dependent on what we get in the fy 12 and 13 budget, but we are on a path to get these integrated readers.

and a number of other things -- not just the detection of fraudulent documents, but the flip side is verification of actual identity. >> that's great. thank you for your very fine answers on every question i asked. >> thank you, senator. >> senator durbin? >> see what, senator sessions. thank you, madam secretary. congress has dealt you and the president and impossible hand. the united states has a confusing, dysfunctional, and often cruel immigration system and you are charged with executing the laws associated with it. we all know as senators and americans that undocumented workers are an essential part of our economy -- from the fields and orchards of

california, arizona, utah, and florida, to the meat and poultry plants of iowa, illinois, and across the midwest, to the major restaurants in washington, d.c., and chicago, we avert our eyes and pretend they are all legal. we know better. they are any essential part of our economy and yet there is this revulsion and negative feeling about this and you are caught in the middle. you are given these laws and said to make it work. i think you are right to speak about the issue of prosecutorial discretion. every president and members of cabinet under the president have that responsibility, even recognized by the supreme court. i certainly think you are right on august 17 when you sent a letter saying dhs will review all pending deportation cases and cases involving criminals and threats to public safety will be given priority while

low priority cases be closed, and many instances. you also said dhs would issue guidance to permit a low priority cases to be put in proceedings in the future. i appreciate your commitment in the process, but i am concerned. it has been four months the sense of the morton memo was issued and two months since you announced the process for implementing. the review of pending deportation cases -- correct me if i am wrong -- has not yet begun. in fact, we did not even know what the criteria will be for the review. and you have not issued guidance as to who will be put in deportation proceedings in the future. when will your review of pending deportation cases begin? >> the review of pending deportation -- i think it is important to segregate cases coming into the system versus those on the master docket already. that is the 300,000 i was referring to with senator grassley earlier. that process and ball's not just dhs but the o.j. -- involves not just dhs but doj. there is a group working on how to accomplish that.

my understanding is in the next few weeks they will begin piloting in certain districts the actual review, and i hope shortly thereafter to begin going through the master cases. the goal is to administratively close some of the low priority cases so that we can facilitate handling the higher priority cases. in a way, trying to adjust the line in terms of who goes through. >> what is the time frame? >> i don't have an end time frame but i can share but you i expect a full review process -- the pilot will start in a few weeks. i would say two to three weeks. the pilot will not be one of these six months or 12 months pilots -- it will be to find logistical issues.

so, we all want to move as quickly as possible once we identify it that we have the logistics' down. >> let me ask you this -- there are troubling reports there are ice and cdp field offices that announced the deportation priorities cannot apply to them. is that true? >> if there are some, i would like to know about it. have personally spoken to the heads of the ice ero offices and the regional council. my understanding is they are very excited about having clear priorities, that the priorities are the right ones. the priorities, actually, i gave this committee in may of 2009. i said we are going to start moving the system so we can focus on criminal aliens. that is what we are doing. >> i would like to show the faces and tell the stories of

three students who i believe most people would agree, having been brought to this country at a very early age, have made an amazing record in the short lives and they're being held back from contributing to the united states. i certainly believe the president that secretary and your criteria of the right criteria. let us focus on removing those people who are a threat to our nation. that should be our highest priority. and it certainly would not include these college graduates desperate to go to work and make this a better nation. i hope you will continue on this line on an exhibition -- expedited basis. you may have seen and heard about the "front line" program that went into some detail about the immigration detention facilities. it focused on a number of them, but particularly one in texas.

i learned a lot about -- they always do a great job -- but i learned about the situation as i followed this program, some 85% or 95% of those detained under civil charges, not criminal charges, do not have the benefit of counsel. that the due process requirements are very limited on their behalf and that many times they are in facilities that are privatized, private businesses that are doing them and we do business with them. it has become a huge industry. i understand it is about $1.7 billion a year that your agency spent on these immigration detention facilities. there was an aspect of this program, though, that was particularly troubling.

there was a woman who was a victim at this facility. she had been raped and her identity was hidden by the camera, and she told her story about how it was virtually impossible for her to even seek justice in this circumstance because she was totally at the mercy of the guards and is privatize the facility. i join with senator sessions and some of my other colleagues in passing the present rate elimination act in 2003 and i thank senator session's leadership on this. we wanted to create a zero tolerance policy. the "frontline" the bus i was not the first we have heard troubling reports. -- the episode was not the first we have heard troubling reports. facts have been coming to light for 20 years. as a group, immigration detainees are especially volatile to abuse -- law vulnerable to abuse. and the often traumatic experiences they endured and their culture of origin. the commission issued proposed

standards and the department of justice is now finalizing national standards. in april i wrote a letter to attorney general eric holder emphasizing the importance of strong standards. what is it the department of homeless security doing to ensure immigration detainees are a -- free from the use -- abuse? >> when i took over we found there were little or no standard applied uniformly across all the detention facilities we use in the ice context. some of them are public jails, like weber county. others are privatized by

companies like cca. we have to have beds, and particular given our priorities and how we are managing the system, we need beds that are near the southern border. we have, as part of that process, i brought in someone to actually look at standards and we redid our contracts with some of the providers. we do have a process by which we are regularly auditing and overseeing what is happening there. but that is not to say there are not cases that are particularly horrific. we also have, senator, we tried to emphasize the availability of visas for those who are victims of crime, particularly victims of sexual crime and domestic violence. and we are trying to get out into the field the fact of the matter that the congress and the regulations to permit these visas. so, we will obviously review the documentary that was on last night and follow up appropriately and we will keep you posted. >> i am going to send you let

our and i thank the committee for its patients. one last point -- and we spend annualized about $40,000 a year for each of these detainees when you figure $120 a day, which is the no. i am told. some are probably not that expensive. >> that is probably a good average. >> it is not that they are charged with a crime. they are in for a civil offense. they have no benefit of counsel, 90%, limited command of english language and they are easily victimized. i think we have a responsibility to treat them humanely and fairly in deciduous and. might follow up letter will not only address this issue -- my follow letter will not only address the issue of protection from assault and rape but also those with mental disabilities. there was this awful case in san diego that was prosecuted or raised just a few years ago, where they had two individuals who suffered from serious mental ellis who had been in

debt -- lost in the system for four years. what i read and learned a sense of the program last night and my study, there are totally inadequate facilities and staff. from psychologists, psychologists, nurses, dentists. we have the responsibility to treat them humanely and i want to work with you to make sure it happens. >> thank you. >> thank you very much. senator sessions? >> thank you, mr. chairman. it is a criminal offense to enter the united states illegally. it is not a civil matter and we do provide health care for people who are captured entering the country illegally that needed, do we not? >> yes, we do. >> you've got someone entering the country and they have a health problem and we every and then and then we give them

health care. i think in general, they are being treated well. and the few -- isn't it a fact under operations streamline, people are apprehended and prosecuted through a misdemeanor, usually i understand, unless it is a repeat offense, are deported far less than a year's time? >> i think that is right, senator. i would have to concur. i think that is right. >> i think it is, except for people from distant lands that you have difficulty -- >> the country may not want to accept them. >> madam secretary, i am very concerned about the morale of our ice officers.

i spent 15 years as a federal prosecutor working with customs officers and border patrol agents and others. you like to see them motivated, excited about their work, believing in their work, and they have to believe that the people at the top support them and believed in the mission they have been given. there is a real problem with this. in june of last year, the ice union cast a unanimous vote of no-confidence in the director of immigration and customs enforcement and the assistant director of ice detention policy and planning. that was just last june. they found "senior vice leadership dedicates more time to campaigning for immigration reform in at large scale amnesty legislation than advising the american public and federal lawmakers on the severity of the illegal

immigration problem, the need for more manpower and resources within i east -- ice." they say they are currently overwhelmed with a massive criminal illegal alien problem in the united states. they go on to say -- this was in 2010 -- "ice is misleading the american public in regards to the effectiveness of criminal enforcement programs like this secure community programs and using it as a selling point to move forward on amnesty-related legislation." this is their statement. in june of this year they report in this release "union leaders say that sends the no- confidence vote was released, problems with an agency had increased."

citing the latest discretion every memo as one example. "any american concerned about immigration needs to brace themselves for what is coming." said the president of the national ice council that represents 7000. it goes on to say that this is just one of the many policies that is stopping the enforcement of u.s. immigration law in the united states. unable to pass the immigration law agenda -- agenda it is implementing it through agency policies. it goes on to note that while immigrants rights groups and others were involved in this policy, no input in these policies was received from the agency and its employees, which is one of the previous complaints they have had. first, are you concerned about

this? for two years now it appears that the representative group for these officers have voted no confidence in your leadership. to what extent have you confronted this question, met with them, examined the charges that have been made and made a formal response to them? >> let me, if i might, senator -- i, like you, have worked as a prosecutor for many years, particularly in border and immigration matters. i believe the priorities we have said is enhancing morale amongst our troops. i think results matter. and the results are really incontrovertible now.

removing war criminals from the united states than at any prior time -- removing more criminals. with respect to priorities that have been set, when you actually read what director more news sent to his troops he refers in that document to a number of prior memos by prior directors that were in his or similar positions back in the old ins days, and the priorities that are very similar historical. that is because they make common sense and they reflect a reality that we have never had an offer resources to remove everyone who is in the country illegally. and so, you've got to have priorities and give guidance to the field across the country about what the priorities are. >> i am just focusing mainly on the problems within the department. i am told by leaders of ice officers that morale is very low. they believe the new standards calling on them to consider a dream act-type issues in determining whether or not the person they have detained ought

to be released not, whether they've got a high-school diploma, whether or not they might be a witness to a crime, that these are very confusing directives and it makes it more difficult for them to act effectively to apprehend people. i is seed that you are looking very disdainful -- i see that you are looking very disdainful. i am saying these are people on the front lines. you have not been out there having to deal with the arrests every day. >> let the secretary answer the question. >> i say from me as a person who worked with federal agents for years, when you hear this kind of comment and a vote of no-confidence -- i have never

heard of that -- you should be paying real attention to them and not rolling your eyes at this. >> i am not rolling my eyes. what i am suggesting is that results matter here and priorities really matter and that the results reflect the priorities we have set. and these are priorities that are consistent with prior administrations and, indeed, with what i testified to this committee my first months in office. that this is what -- >> i am told that ice carried over from last year 19,000 removals and counting them this year and is sort of a gimmick for making their removal look higher than they are. are you aware of that? and i think what you are refering to, senator, is in the movement from fy 09 to fy 10, we made the decision we would not count it removal until there was an actual verify departure from the country. that had the affect of moving some removals from 2009 into 2010 because there was a

calendar -- there was a removal order but we did not actually verify the departure into fy 10. we continue that practice into fy 11 so the comparison between the 10 and the 11 numbers are exactly the same. >> what i am hearing is, is while claiming to arrest more criminal aliens, internal ice documents show that dhs leadership ordered field officers not to arrest fugitives in reentry and leadership efforts to conceal this from the public has led to confusion in the field. officers are afraid to arrest and suspected illegals have been aggressively pushing back, even showing agents the memo that you have when they stopped them, they showed the memo and

says president obama says you can't arrest me. >> if they say that, they are not reading it correctly because that is exactly not the case. they can be arrested. but at some point and the process there need to be decisions made about who is to be removed -- at some point in the process. we talked about how much it cost to detain somebody. it costs in the neighborhood of $23,000 to $30,000 to actually remove somebody. that is our cost. it does not include the justice department costs. congress gives us the ability to finance removal of 400,000 people year. we can just removed anybody without any priorities, and that would be one way to do it. or the other way, the better way, and probably the way you ran your office when you were a prosecutor is to say we want to focus on expediting the removal of those who are criminals, those who are fugitives, of

those who are repeat violators, of those who are recent entrants, meaning within five years, into the united states. what you are now seeing is that of the numbers reflect those priorities. >> well, you have a problem with more rale and i am confident -- i think the officers feel like you spend more time talking with the activist groups then the officers themselves and drafting guidelines to help them do their job. thank you, mr. chairman. sorry to run over. >> senator coons? >> thank you, madame secretary, for your testimony in front of this committee, for your discipline and determined leadership of this remarkably far-flung and brought agency. in difficult times it is a source of pleasure to see a fellow german scholar to do

well. as other members of the committee have commented, you face enormous challenges and i want to commend you for the work you're doing given the limited resources and given the great pressures to keep america safe and to secure the borders and respect our constitution and advance our national interest. of the six prairie missionaries, there is one that has not been touched on a dog -- priority areas, there is one that has not been touched on at all today. cyberspace. i was at a secure briefing that was hair raising -- probably not in my case -- about cyber attacks and the coordination between the intelligence community and dhs. recently a university of delaware instructor, actually the man who wrote "black hawk down" wrote a book that lays out a fairly disconcerting picture of a connection between the private sector and government and how we are cold war in meeting our defenses.

-- coordinating our defenses. how you see your department coordinating with dob and the private sector to make sure we are sufficiently prepared for the assaults coming at us on a regular basis. >> i was just in new jersey yesterday meeting with a number of individuals in the private sector, financial institutions sector, and the fbi on how we are, or needing -- coordinating. we really view ourselves, and i think the analysis is coming out, and i think legislation will come out, is that dhs will have the primary responsibility with the protection of dot-gov networks and the intersection with the private sector. and also through the sears service, crimes committed on the net. and also through ice. with respect to the protection of critical infrastructure

networks, that is in our nppd division, we have a memorandum of agreement with the department of defense on this and we also have a memorandum with them as to how we can both utilize technological resources of the nsa. this is an area where, in my judgment, we need to grow. i think we will have a continuing and expanding threat. there is not get any kind of international framework on which to hang our hats. and so, there are a lot of challenges. but it is definitely an area that we are moving forward on. >> thank you. two things, if i might. in your written testimony you referenced in number of very successful partnerships with local law enforcement, local communities, the nationwide suspicious activity reporting initiative.

what do you see as the future role for local law enforcement, for local first responder communities, and frankly, for the national guard and reserve in providing some of the first points of contact and a trained work force to help provide the source of security for infrastructure, local communities, and local government, as we build out toward the future or you are literally policing and online border? >> we are still discussing this and discussing it with our local and private sector partners. but i think this will be a unique area for the fusions centers to help. they are designed as an all- hazards colocation center. i think all of them now have access to real-time classified information. i think through the fusion sensors we can expand our local and private sector reach into this cyber arena.

>> one of my larger concerns about cybersecurity long-term is the protection of american intellectual property. and number of more egregious intrusions, not just to access banking or financial data or steel identities for financial gain but also download and a very large quantities of american innovation and invention. i just wanted to point out to you and number of initiatives folks on this committee are taking and hope to work with you and your department in making sure the legal infrastructure be put together that makes sense and is responsible. i am also particularly concerned about infringing shipments. my aunt -- my impression is there is ongoing challenges with customs and border controls that intercepts shipments it believes contains thomas of goods and whether they shared the affirmation probably what the rights holders to allow them to see whether it is counterfeit.

some questions have been raised about whether it has the necessary authority to share information about suspected infringing shipments with the rights holders and whether they can successfully protect shipments in a timely way. i would be happy to follow up further with your office. >> let's do that. >> last question, if i might. the immigrant investor visa program can be a real opportunity to attract to this country foreign nationals with significant resources who want to invest them in american companies or american communities. our state director of international trade has been trying to be successful. but the area's most successful has been through regional centers where they could aggregate significant numbers of applicants. it is hard to get clear information on which regional center models have had the greatest success.

i wanted to leave with you a question about whether dhs might release more information about which regional centers and models have been more successful. >> yes, senator, i think we would be happy to have someone meet with the individual you referred to it and look across the country and see what is going on. >> i look forward to questions from my colleagues about the visa programs and how we can help advance tourism in the united states. i think they're good opportunities as well as challenges. >> your colleague from minnesota, senator klobuchar. >> thank you, madame secretary, for the work you are doing every day. i want to mention two things i did not know have been discussed. first, the good work you have done in our area on flooding issues, that fema has done in the red river valley and the administrator's assistance with the floods was very much appreciated.

the second piece of this is the work that i don't think many people focused on that you do, adoption. when things come up in helping parents adopt children from other countries and some of the issues. i wanted to know, the last hearing i ask you about a family from the philippines, senator sessions and senator inhofe and i worked to pass a bill to allow older siblings if they turn 16 or 17 to still be adopted if they have a younger sibling adopted. this literally allowed 10,000 kids retroactively to come into loving homes in our country. one of them was a family that i brought up. thanks to the help of your agency -- they were going to have to leave the older kids that held this family together when the mother died and thanks to the help of your agency the two older kids were able to get on the plain what a family. i met all nine children and a celebration in the community and

it would not have happened without the work of your agency. i wanted thank you for that. i am also on the commerce committee -- the first issue, aviation security. it has been my concern as a person with a hip replacement deals a lot with your tsa people, and there has been a great improvement in morrell the past few years. they appreciate the local defense that you and the director had given when questions are raised. and obviously questions should be raised, but overall they are protecting the security of the people in this country doing incredibly difficult jobs. the issue i wanted to raise, the new stick image body scanner. that has been a concern of some people, with the new security that is there. i have not had a problem with it at all. i think it is great because it goes faster. but can you discuss this new software and get your assessment about how it has been working? >> we began installing software

that rather than the smudge it photo-like image, it is just a stick figure, and it identifies where there may be an anomaly that requires deep they forgot to take something out of their pocket or something needs to be checked. initially, when this was being deployed, i think in amsterdam, there were a lot of false positives. but those problems have been rectified so we are now in the process of installing that type of software throughout the country. >> what is happening with the pre-check pilot -- again, some pilots to speed things along? >> it is the name for the program that is a domestic version of global entry. it is the process by which people can voluntarily provide information and biometrics and that will help speed them

through the security lines. obviously, one of the issues with the pilot is the scale ability -- scalability. but my initial impression is it is popular in people like it. >> senator coons mentioned the tourism work. i chaired the subcommittee on commerce along with rory blunt and we introduce the tourism facilitation act, which we worked with the state department on these issues to make sure we were doing something that had a chance of passing. we have also seen some improvement. we are waiting to get the exact numbers from the consulate officers on the state department side. since 9/11 we lost 16% of the international tourism market, which is about 467,000 jobs.

we want to keep all of the security measures in place. we also want to see if there are ways, while keeping them in place, to make them more efficient. even if we add one more point, that is 160,000 jobs in the country. they are gone nowhere else. they are in the country. the background checks for tourist visas, they are performed by the state department but dhs does play a role when a tourist b-1 or b-2 visa holder applies for an extension. are you familiar with that and how can we make this run more smoothly? >> let me, if i might, look into that and perhaps have someone meet with you. it suggests there are some problems. let us figure that out. >> we don't want to change your security, but we really believe -- it is mostly consulate officers on the state department side, that you could process things faster and this is one thing that came up with

the dhs side. >> as a former governor of a state heavily dependent on tourism, i appreciate the fact that this is a jobs issue. >> it is a really -- it is really a jobs issue. we have had no change in the last two years and there seems to be a lot of interest and making changes, so we are excited. a lasting one to follow up on is cybersecurity. ice -- i shares senator coons' viewed that this is a public and private partnership. what more do you think we can do to encourage businesses and institutions to work with the government on cybersecurity challenges? >> i think this is one of the key issues congress will have to take up when it takes up hopefully cybersecurity legislation. but the extent to which particularly private business, that is, control a critical infrastructure of the country,

should give notice if there has been an intrusion or attack, what kind of notice, how is it shared, what is the government's role, is it an incentive or mandate -- these are all things that are appropriate for congressional resolution. >> i think people were kind of shocked a few weeks ago or months ago when the one worker working in a power grid -- >> southwest arizona. >> the power grid had gone down, affecting the power in people -- for people in southern california and other places. more has to be done to vertex the power grid. what should our priorities be? i am looking at this as a cybersecurity issue, but it was an accident. >> that was a situation where i think 6 million people were without power -- excuse me, 2 million people out of power for six hours because of an accident of one worker. i asked my staff to look at

what happened and why there were not redundant or fail-safe systems in place. >> i also have a note that senator schumer -- discussing his buffalo bridge. i have a few questions that i did not know of other senators want to hear about concerning northern minnesota but i will put them in the record and ask that she answered them at a later time. thank you. >> noting that the distinguished senator from minnesota -- it is not without precedent that sometimes questions that may appear to be parochial have actually been asked. [laughter] >> i think -- i appreciate their earlier answers and i know my colleague senator whitehouse is here. >> and i should know there has not been a single time where i called the secretary and have not been able to get a response.

this is not a department we have a difficult time getting answers from. she is always available. senator whitehouse? >> your remarks about the cybersecurity legislation, that we ought to be and shall be undertaking fairly soon makes a good segue into my questioning. let me first ask you, what level of urgency and dispatch would you advise that we proceed to this legislation with? >> i would hope that you would proceed as quickly. this is an area involving rapidly. i think having a basis in statued, of jurisdiction, authorization, and a light, is

very important. work has been done on the senate side, work has been done on the house side. i would hope that congress could move very quickly to resolve this and give us a bill. >> do you hope that we can do it quickly because it -- what? >> this is an area that deserves foundation in statute. right now we are moving administratively, and things are moving and moving expeditiously. but it does seem to me there is a lot happening here which ultimately needs to be established, not just jurisdictionally but fiscally as well so it is something congress has to take up. >> do you think that of the legislation that has been proposed, the idea proposed for allowing more protection, more

government support, more protection of our critical infrastructure can be implemented quickly and will make a real difference in terms of the safety and security of the american people? >> i believe so. but i want to be frank with you, senator. one of the areas where the department of homeland security needs to keep expanding its capacity and capability is in cyber. it is very difficult to hire professionals and this area. there is a lot of competition for these individuals. it is one of the reasons we initially made a decision that we would not tried to replicate a civilian nsa with a military nsa, that there will be arrangements to share some of the technological expertise. this is an area, even in a period of restraint fiscal resources, that needs focus. >> at the moment, if our nsa folks were aware of an attack

targeting, say, an american bank, financial processing center, electric utility network, would they need, would you need the kind of the authorities that this legislation can provide in order to be able to intervene and protect that civilian infrastructure? >> senator, it is hard for me to answer that hypothetical. whether we have the authority of commanding control ultimately in

the event of attack, no. that is in the would need be looked at legislatively. >> hypothetically, the government to be aware of an attack taking place, but be unable to do anything as the government to respond and hentoff that -- >> again, i am reluctant to enter the hypothetical as opposed. in those extreme events, my experience over the last years as secretary is that, statute or no statute, work things out. but the world would be a better and more clear and more focus place if we had a basic cyber statute to work from. >> i will leave it at that. thank you, chairman. >> thank you. the white house has worked a great deal on this. there is a meeting this afternoon. we passed a bill of this committee.

there are other committees, intelligence, commerce, and others who are involved. i am not as concerned -- obviously, i am concerned. we have to be. but i am not concerned now that someone will try to hijack a passenger plane as much as i am what happens when it is middle of winter and it ranges down to 30 below zero in the northeast and all the power grids are shut off. you talk about hundreds of thousands of people could die if it could last a period of time. what happens if our air traffic control is turned off? not only do the images get to the rest of the world, but the huge commercial disruption plus

the very real possibility in the loss of life depending on what the weather is. these are things we have to look at. communications, phones all we moved trillions of dollars of commercial activity a day in this country and overseas. it would be closed that year and closed at overseas. these are things we have to worry about. in fact, in the old days, you would worry about somebody being a bank robber. now they rob the bank from 10,000 miles away. >> that mr.. >> and get a lot more money. -- that is true. >> and get a lot more money. >> and there is sabotaging to

our political infrastructure in finance and our electronic grid and communications for the places that you mentioned. there's also the question of the private sector's intellectual property being stolen and siphoned out through the internet by some of our major international competitors in order to avoid having to pay licensing fees to americans or to do their own research and development. how much more easy it is to hack into an american corporations that a base and take trade secrets and build a factory of your own? it is being done. i pretend we are on the losing end on the single transfer of wealth through piracy and illicit behavior in the history of humankind and we're doing awfully little about it. i expect to hear more from the

secretary about the kind of change we can make if we get it passed. >> if i may -- >> a lot of these attacks are state-sponsored. everybody wants to dance around that and we will not go into it more, but some of it is state- sponsored. that is a form of warfare. you wanted to say something, secretary. >> i just want to clarify. i hope my answer did not suggest to you out all that we do not view this as an urgent legislation. we do. the department has participated some odd briefings. we have committees on the need to the participation. we participated heavily on the drafting of the legislation. there's obviously an urgent need for the legislation. i was interpreting your question your

question has, what are you doing now and our you kidding buying? the plain fact of the matter is our jurisdiction and, moving forward, the paths will be clear. there is an urgent need for legislation in this regard. i am hopeful that this is one area where the congress is able to move. >> it did sound a bit happen. i am glad you clarified your remarks. i understand -- we will wrap this up. i will have questions for you about this task force. i want to have a written response about how they handle cases. i would like statistics on all

u.s. citizens arrested and the duration of their custody and the resolution of these cases. thank you very much. do you want to add anything else? >> no, mr. chairman. i have enjoyed being a witness here today. >>, that would fall under an understatement. thank you very much. [captioning performed by national captioning institute] [captions copyright national cable satellite corp. 2011]

>> the president and first lady visit a military base in hampton, virginia. then the tucker cross and -- tucker carlson discusses the immigration case. on washington journal, chuck grassley and donna edwards on the democratic agenda. and norman coleman will discuss how the u.s. would provide medical care to victims of a radiation-based terrorist attack. live a 7:00 a.m. eastern on c- span. >> six republican candidates travel to the faith and freedom

coalition. watch our coverage of herman cain, and rick santorum as well as rick perry and ron paul and michelle bachmann on the road to the white house. middle and high school students, it is time to get the cameras rolling in for the student camera video competition. make a video on the theme, the constitution then you and get it to c-span by the deadline of january 20 and you could win the grand prize. for details, go to studentcam.org. >> on last day of his tour, president obama visited a military base in virginia to talk about employment for veterans he is joined by michelle obama who announced the logistics' association has committed to hiring 25 and thousands -- 25,000 veterans.

>> i would like to say good morning to all you all and the fellow service members and guests. my name is melissa and it is my pleasure to be here. i have been in the army for 26 years. i am presently an army colonel in the reserve. i am also an officer. i have had 10 years on active duty and i have about 16 years in the army reserve. for the last 10 years, i have worked as an attorney for tyson's food. i am also the chair of the veterans reforest krupa to promote veterans leadership

values and highlight the ways that we can use those values to benefit our company. there's no pressure for me today. i have my ceo somewhere around here and my commander in chief and the wing. it is a big day. i am here to share my experiences as a corporate lawyer but mostly as an army officer. in 2008, i deployed to iraq and afghanistan. i've led to several management teams. over that year, we were responsible for $220 million worth of communications and commercialization projects throughout iraq and afghanistan. i led my team and pushed our contractors to ensure projects were completed on time and under budget. art projects included a cabling

building and installing communications infrastructure white fiber optic cables and satellite systems and even managing the construction building. we worked with, -- contractors, sister services, active duty units and anyone else that we needed to in order to get the job done. project management can be a challenge. but it in a war zone the steps it up a few notches. my team's military experience straightest to -- trained us to be flexible and determined. men and women can get a multimillion dollar projects done in time in war zones. these are the kind of people you need to hire to get the job done in your companies. as a soldier, i want to take this opportunity to thank those

of you who represent companies who supply products to our commissaries around the world. to people like me, my soldiers, all of these airmen and their families. i cannot tell you what a treat it is to have access. i am very proud to say that i am one of 3000 veterans who work for one of those companies, tyson's food. as a member of corporate america, i am proud that those same companies to supply our military are stepping up to the plate once again to hire thousands of veterans and military. while these veterans will be thankful for the opportunity to have a good job when they get off active duty or when the national guardsmen returns from deployment, i guarantee it will be your companies that benefit the most from their professional skills sets, positive attitude, a work ethic and unequal

leadership abilities. i am appreciative for the emphasis that this administration has placed on hiring our veterans. i am also thankful that michelle obama has chosen to support family members and their well- being as one of the pillars of her service. [applause] they joined the forces to mobilize all sectors of society to give our service members and their family the opportunity and support they have burned. for this, i personally thank michelle obama. all of you air force, all you army, it is my pleasure to introduce, and i ask that you join me in giving a warm welcome, to the commander in chief of the united states of america.

president barack obama and his wife, the first lady of the united states of america, michelle obama. [applause] >> hey, everyone! [applause] this is really cool. i'm very thrilled, very honored to be here. number one, i never get to do anything with my husband. [laughter] i haven't seen him in three days. this is a nice date! it's good to see you. you're looking good.

[laughter and applause] and you all are looking good as well. we are just proud to be here -- proud of you all. first of all, let me thank melissa for her service and for that wonderful introduction and for everything that she has done, along with her family, for this country. truly one of my greatest pleasures as first lady has been meeting folks like melissa and all of you here today, hearing your stories, truly seeing your strength. and i can't tell you how much you inspire me, and all of us. it's just something to watch. you've inspired me not just to sit back in awe but to move forward in action. and all of you are the reason why dr. jill biden and i started our joining forces initiative. we want to rally this entire

nation around our veterans and military families because we know just how incredible all of you are. truly. yes. [applause] we want america to know that your veterans who have completed missions with enough variables involved to make most people's head spin -- that you're trained in state-of-the- art technologies, that you've managed dozens -- if not hundreds -- of your peers. and when the stakes are the highest, that's when you're at your best. and your spouses, your families, are just as amazing. and i have met them -- [applause] -- yes, for the military spouses. [applause] military spouses pack in a full day of work, many of them then

get back to get the kids to piano lessons, they volunteer at fundraisers, skyping with loved ones who are deployed overseas, whip up dinner, put the kids into bed, and then crack open the textbooks to study at night. that's an average day. to a military spouse, that's just wednesday. [laughter] so i'm just exhausted thinking about them. but so very proud, so very proud. for most folks, that's the kind of day that leaves us sprawled out on the couch, too exhausted to move. but that's not a big thing for our military spouses. so, for all of you troops, veterans, and military spouses here today, we're proud of you, and we want people to know that you have so many skills that are just second nature to all of you -- things like time management, organization, people skills, complex decision-making, and so many other incredible

skills. and that is really the reason why we're here today -- because those are precisely the skills that we need in workplaces across america. but the truth is that sometimes employers may not always know about all that you have to offer. they might have trouble understanding a military resume. or they might see a spouse who's lived in five cities in seven years as a red flag rather than a reality of military life. but today, i am proud to announce that the american logistics association has said they're going to step up and do something about that. so today they're committing to hiring 25,000 veterans and military spouses in the next two years. [applause] they do not want to miss out on your potential. they want america's businesses

to have the best, most talented, most hardworking employees around. now, this announcement is a huge deal -- which is why the president is here. it's huge enough for you to even be involved. [laughter] this commitment includes 270 companies of all shapes and sizes, which makes this the largest coordinated effort by the private sector to hire veterans that we've seen in years. [applause] and this commitment puts us a quarter of the way toward reaching the president's challenge to the private sector to hire or train 100,000 vets and military spouses by the end of 2013. [applause] the businesses making this pledge include name brands like

proctor and gamble, tyson foods, hewlett-packard -- but also smaller companies like prime team services, which is planning to hire hundreds of military spouses and veterans next year alone. and today's announcement really builds on the efforts of businesses and organizations already underway all across this country. siemens has hired hundreds of veterans already this year. sears is increasing the number of veterans and military spouses in their workforce by 10 percent. we just made that announcement this week. the chamber of commerce has hosted job fairs for veterans in cities across the country. and then companies like kmart and sam's club have promised us that if a military spouse who works at their stores has to move to a new duty station, they will do their very best to have a job waiting for them when they arrive. [applause]

so these are bold commitments. and these are companies that are making these pledges not just because it's the right thing to do or because it feels patriotic. they're also doing it because it's good for their bottom line. it's good for business. because they know that veterans and military spouses, like all of you here today, represent the best our country has to offer, and they want you on their team. and really that's what joining forces is all about. it's really about tapping into all of that goodwill that's already out there all across this country in every sector of society. and it's important for you all to know that, because i know sometimes it feels like a struggle, like sometimes we don't know as a nation what you sacrifice, what your families have sacrificed. but know that people are stepping up. they're doing it every day, and

they're doing it with pride and with pleasure. and channeling all of that energy into making a real difference in the lives of our veterans and military families is really what we want to do for you. and truly, it is a win-win for everyone. the motto of joining forces is very simple -- everyone can do something -- everyone can do something -- to honor and support the brave men and women who have served us all so well. in fact, that's what the man i'm about to introduce -- this guy here [laughter] -- that's really what he does every day. during his presidency, he's directed the federal government to help with childcare in military families, to address veterans' homelessness, to step up on mental health issues, and to provide unprecedented

support to our military families. so now, it is my pleasure to introduce a man who is fighting for you every single day -- yes, get the cameras ready. [laughter and applause] it is your commander-in-chief -- and my husband -- the president of the united states, barack obama. [applause] >> hello joint base langley- eustis! [applause] thank you very much. i hate following michelle. [laughter] she's so good. how lucky am i to be married to michelle obama? [applause] see, for you men out there who are not yet married, let me

explain. the whole goal is to marry up -- (laughter) -- to try to improve your gene pool. [laughter] and we're lucky to have her as first lady of the united states of america, i think. [applause] i am thrilled to be here. i want to thank the outstanding leaders who welcomed us here today -- secretary of the air force michael donley is here. [applause] general mike hostage is here. [applause] colonels kory auch and kevin robbins and reggie austin are here. [applause] i want to give a shout-out to your outstanding senior enlisted leaders, including chief master sergeants kevin howell and marty klukas.

[applause] i want you to give a big round of applause to the air combat command heritage of america band. [applause] we've got a lot of folks in the house today. we've got air combat command. [applause] we've got the 633rd air base wing. [applause] we've got the 1st fighter wing [applause] - with our amazing f- 22 raptors. [applause] i want to ride in one of those some day. [laughter] we're going to have to set that up. we've got the 480th intelligence, surveillance and reconnaissance wing. [applause] they can cheer, but they can't talk about what they do. [laughter]

they'd have to kill you. and i see we've got some army, too. [applause] i want to salute melissa lee. thank you so much. i want to salute kathy hostage. i want to salute kristin auch and the extraordinary military spouses who are here as well. [applause] we are inspired by them. michelle is an honorary military spouse because she has to put up with me. [laughter] but she and i both share such incredible admiration for the families of those who are serving in uniform. we are grateful for our veterans who are here, including some very special airmen who taught the nation the true meaning of service and honor and equality. we are honored to be joined by several of the legendary tuskegee airmen in the house. [applause]

that's what heroes look like right there. finally, i want to acknowledge your governor, bob mcdonnell, and his lovely wife, maureen, for joining us here today [applause] -- as well as congressman bobby scott, who's in the house. [applause] and i want to thank all the business leaders who have committed to hiring our nation's heroes. those of you here today who have worn the uniform of these united states have done so with honor and have done so with distinction. in some of the most dangerous

places on the planet, you have heroically performed and done everything that's been asked of you. already, your generation has earned a special place in america's history. for that, you've got a grateful nation. as michelle said, don't forget how everybody understands what you've done for this country. over the past decade, nearly 3 million service members, like many of you -- our 9/11 generation of veterans - have made the transition back to civilian life. they've taken their leadership experience, their mastery of cutting-edge technologies, their ability to adapt to changing circumstances, and they've become leaders here at home. they've become leaders in businesses all across the country. just think about how many veterans have led their comrades on life-and-death missions by

the time they were 25. that's the kind of responsibility every business in america should want to take advantage of. those are the americans every company should want to hire. now, of course, as michelle mentioned, there are far too many veterans who are coming home and having to struggle to find a job worthy of their talents. there are too many military spouses who have a hard time finding work after moving from base to base and city to city. that's not right. it doesn't make any sense. it doesn't make sense for our veterans. it doesn't make sense for our businesses. it doesn't make sense for our families. and it doesn't make sense for america. [applause] if you can save a life in afghanistan, you can save a

life in a local hospital or in a local ambulance. [applause] if you can oversee millions of dollars of assets in iraq, you can help a business balance its books here at home. [applause] if you can juggle the demands of raising a family while a husband or wife are at war, you can juggle any demands of any job in the united states of america. [applause] we ask our men and women in uniform to leave their families -- our guardsmen and reservists to leave their jobs. we ask you to fight, to sacrifice, to risk your lives for our country. the last thing you should have to do is fight for a job when you come home.

not here. not in the united states of america. [applause] so this has been one of my top priorities as your commander- in-chief. that's why we are fully funding the post-g.i. -- 9/11 g.i. bill, which is helping more than 600,000 veterans and their family members pursue a college education. [applause] it's why we fought to make sure the bill included non-college degrees and on-the-job training. it's why i directed the federal government to lead by example and hire more veterans - including 100,000 as of this summer. [applause]

and it's also why we're here today. as michelle mentioned, back in august i challenged american businesses -- i challenged them to hire or train 100,000 post- 9/11 veterans or their spouses by the end of 2013. [applause] and now, just a few months later, thanks to the many extraordinary companies who are here today, we're already a quarter of the way there. already, they've committed to train or hire 25,000 veterans and spouses in the next two years. [applause] and this is incredible. it's a testament to their good business sense. it's a testament to their sense of patriotism. it's a testament to the fact that these veterans and military families are some of the most talented, trained, and experienced citizens that we

have. it's a testament to these businesses' commitment to this country. we're still living through an economic crisis that partly came about because too many individuals and institutions were only thinking about their own interests -- because they embraced an ethic that said, what's good for me is good enough. well, the men and women of the united states armed forces, they've got a different ethic. you believe, your families believe, in something greater than your own ambitions. you've embraced an ethic that says the only thing that's good enough is what's best for the united states of america. [applause] and by making a commitment to these brave men and women, the companies who are represented here today have shown that

they've got that same ethic. they share in that belief that we're all in this together. those companies who are represented here today are showing that they care about this country and those who serve it -- not just with words, not with just with slogans, not just with tv ads, but with the choices that you're making. as president and commander-in- chief, i thank you for that. and i also want to thank my extraordinary wife and dr. jill biden, our second lady, for leading the effort to support and honor our military families, and making today possible. give them a big round of applause. [applause] she does all this and she looks cute. [laughter] that's right. [laughter] but considering how many

veterans are out there looking for work, we can't stop with today's announcement. we've got more work to do. some of you probably know that last month, i sent congress a piece of legislation called the american jobs act. now, this is a bill that's fully paid for, and it's filled with the kind of proposals that traditionally democrats and republicans have supported in the past -- tax cuts for every small worker -- every worker and small business in america, funding to rebuild our schools and put our teachers back in the classroom so our children can get the education they deserve -- a tax credit for small businesses that hire america's veterans. the idea here is even though so many companies who are here today have committed to hiring our nation's heroes, we want to make it even easier for the businesses that haven't made that commitment yet. it's the right thing to do for our veterans and it's the right thing to do for america. you give smaller companies who

may be interested in hiring but are having a tough time -- give them a tax break if they hire a veteran. give them an even bigger tax break if they hire a disabled veteran. now, so far congress hasn't acted on this proposal. but i want you to know that i'm pushing them a little bit. [applause] i'm going to keep pushing them a little bit. in the coming weeks, we're going to hold a series of votes in the senate on individual pieces of my jobs bill. and one of the votes i'm going to urge members of congress to take is on whether or not they think it's a good idea to give companies an incentive to hire the men and women who have risked their lives for our country. and i'm hopeful we can get both parties on board for this idea. when i first proposed this idea in a joint session of congress,

people stood up and applauded on both sides of the aisle. so when it comes for a vote in the senate, i expect to get votes from both sides of the aisle. [applause] don't just applaud about it, vote for it. vote for it. [applause] standing up for our veterans is not a democratic responsibility or a republican responsibility - it is an american responsibility. [applause] it is an obligation for every citizen who enjoys the freedoms that our heroes defend. and it's time for us to meet those obligations here today. this generation of veterans has learned that the challenges don't end in kandahar or baghdad

-- they continue right here at home. and today, we're saying to those veterans who fought for us, now we are fighting for you -- for more jobs, for more security, for the opportunity to keep your families strong, the chance to keep america competitive economically in the 21st century. these are tough times for america, but we faced tougher times before. and nobody is tougher than the men and women of america's armed forces. [applause] you all don't quit. whenever we faced a challenge in this country, whether it was a depression or a civil war or when our union was at stake, our harbor was bombed, our country was attacked on that september day -- we did not falter. we did not turn back. we picked ourselves up. we pushed ourselves forward. we got on with the task of

fulfilling the ideas that so many americans have struggled for, and sacrificed for, and given their lives for. and that's the spirit all of you represent. that's the spirit our whole nation needs right now. you remind us as a nation that that no problem is too hard and no challenge is too great, and no destiny is beyond our reach. so let's meet this moment. let's get together and show the world just why it is that the united states of america is the greatest nation on earth. [applause] god bless you. god bless our veterans. god bless the men and women in uniform. and god bless the united states of america. [applause]

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>> tomorrow, the senate banking committee holds a hearing on the banking market. the look of potential to reforms. that is at 10:00 a.m. eastern. then at 2:00 p.m., a committee looks at the financial crisis affecting the eurozone countries. you can watch both hearings on c-span. >> it is very obvious that with all the priorities we have,

until further notice, every decision the government makes, every close call should be made in the favor of economic croats. growth of the private sector. >> he worked as an adviser in the reagan white house and as governor of indiana, and he implemented spending cuts that produced a surplus. mitch daniels on his new book, the economy, and his decision not to run at 8:00 eastern on c- span's q&a. >> tucker carlson was our guest on wednesday. we talked to about the presidential race and the debate in loss vegas. this is 40 minutes.

host: joining us now is tucker carlson, daily caller editor in chief, fox news commentator. what was the biggest surprise from last night? guest: the drama. it was great from that perspective. i would say rick perry's performance was a surprise to me. he cannot be stupid. he has been the governor of texas. i did not think he performed well. i have been waiting for him to dazzle us with his ability as a speaker. there were things that he said last night that i sincerely could not understand, and i was totally sober. host: such as? guest: his explanation for why he did not agree with the teacher that attacked more ominous and as a cult. -- mormonism as a cult. he was a little bit like the tune "american pie." i understood each verse, but that did not amount to a good narrative. host: herman cain?

guest: i like him. he is a compelling figure. he deserves credit, from my point of view, for saying things that are specific. literally, in the span of one sentence, he explained he would be willing to negotiate with al qaeda if they were holding a u.s. hostage, but he would never negotiate with terrorists. this is the problem with never having run for office before. you are not prepared for every question. he is clearly not. host: a lot of talk about the exchange between governor romney and rick perry over immigration. how governor romney responded. >> those people that hired illegals ought to be penalized. mitt, you lose all understanding -- all standing

from my perspective because you hired illegals in your home, and you knew about it for one year. the idea that you can stand before us and talk about being strong on immigration is on aunt's face, and the height of hypocrisy. >> rick, i do not think i have ever hired an illegal in my life. i look for to see your facts on that. i am speaking. i am speaking. you get 30 seconds. this is the way the rules work. you get 60 seconds and i get 30 seconds to respond? >> you knew you had the legal working. >> are you going to let me finish talking? this has been a tough couple of the bids for representative. rick.ates for

i understand that. when you were governor, you said you do not want to build a fence. you put in place a magnet to draw illegal to the state, which was given $100,000 of tuition credit to illegals come into this country. the big states of illegal immigrants are california and florida. in the last few years they have had no increase of immigration. texas has had a 60% increase in immigration. if there is anyone that has a record of immigration that does that stand to muster, it is you. host: your take on his performance? guest: well, there is a war going on in mexico that we do not really talk about. what a dumb exchange. rick perry says, i have got you, you hired illegals. who cares?

we all fall short of our ordeals -- ideals. we are all hypocrites to some extent. he has this profoundly dumb gotcha moment, and mitt romney wines about how he is breaking the rules of the debate. and then the audience, which is clearly loaded -- they paid a bunch of mitt romney people to park in the audience. they jump in. an unimpressive colloquy, in every way. i am not saying that these guys are not impressive people, but that was not an exchange that made you want to vote for either of them. host: our guest is with us until 9:15. if you have a question, republicans, 202-737-0001. democrats, 202-737-0002. independents, 202-628-0205. journal@c-span.org and

twitter.com/cspanwj. going forward, what do these candidates have to do to solidify a their appeal to the bases and turn that into support at the polls? guest: it is good to know what these guys -- i know that there are a lot of republicans saying this will damage the brand. the truth is, they should have to jump through a bunch of different groups before they -- hoops before they take on barack obama. the truth is, the republican party the way it is, it is mitt romney's nomination to lose. the money is swinging behind him. the people that run the party behind the scenes have decided that he would be the nominee. the job for everyone else is to be the guy that could possibly challenge. it seems to me, based on last night's performances, newt

gingrich, written off by all the smart people as unelectable, has a shot of being the anti- mitt romney, at least for the next month or so. it would be pretty hard for herman cain or rick perry to claim that they could be elected. newt gingrich is certainly smarter than everyone in the room, smarter than me. he should step up and be that guy. host: does he have the support? guest: he does not. he has not been taken seriously at all. mostly because of embarrassing stories about his personal life. he is a prickly character, but he is a flat out interesting person that has ideas worth listening to, who is not going to turn and say, you hired an illegal alien. that is like me saying -- " if i was giving a lecture to schools about smoking cigarettes, and then you jump in and say, i saw your smoke cigarette once. is that taking down my argument?

my view is legitimate. anyone who makes so-called arguments like that discredits themselves. host: tucker carlson is with us. the lakewood, florida. carmen, democrat's line. caller: good morning. i have never agreed with tucker carlson but i do agree with what he said about mr. perry. he does not make -- he did not make any sense last night. i could not fathom anything that he said. and attacking the other gentlemen for being mormon. people are right, religion has nothing to do with being president of the united states.

we should all be included in this discussion. this is an important election we have coming up. what this debate proved his -- is this was more like a circus than a debate. guest: actually, i thought a couple of the candidates made, not the case that you described, but made a case for not judging mitt romney's religion. values are important. if you belong to the arian nation church, it is fair to say your bellies are inconsistent -- values are inconsistent with american values and should not be president. but as far as your path to salvation, your theology on a granular level, that is sort of out of bounds, at least for purposes of the presidential debate. i thought they did a good job, particularly rick santorum, explaining the role of faith in

public life. host: the pugh research center asked people to connect religion with candidates. mormons and came up often with mitt romney. guest: religion has always been a big thing. there was a book written a couple of years ago that was fiercely against more monism. -- mormon theology. it was not popular with a lot of people. will people hold that against mitt romney? no. i have never seen anything that suggests that his religion with factor into voters' minds. i am episcopalian, so i do not have a dog in this fight, but have ever dealt with mormons? they are nice. i have never been mugged by one. i suspect i never will be. i suspect most people have that feeling. host: republican line.

joansville, virginia. caller: good morning. rick perry, i have never heard him say anything except good for the mormon faith. the other thing i would like to say is, obama was a very good speaker. that is what got everyone attached to him. mitt romney is a good speaker. that is what gets everyone attached to him. fox news is so hypocritical. i wish you would go back and tell them. mitt romney created health care and was up against obama's health care. he should apologize to obama. if you want a job, you better

vote for rick perry, i am telling you. and he was for abortion. now he is against it. he is wrong on so many of the issues. anybody that supports mitt romney, i think, is wrong. guest: i do not necessarily agree with your conclusions, but it is hard to argue with your fax. -- facts. mitt romney has been -- perry has been consistently conservative. mitt romney has not been. you are right, simply because you are glib or eloquent does not mean that you will be good at running the country. i think obama has proven conclusively. however, he still need to be able to articulate what you believe in and why. the single biggest step the president has is the fact that he is the president. people listen to him. he can preempt prime-time programming to make his case.

the ability to win people over to your side is central to being president. i would say, on the question of mitt romney's liberalism -- my editorial comment that i cannot resist. it was very exciting to watch him and other candidates attack herman cain's 9-9-9 plan. it is flawed in many ways, but more than the current tax system? i do not know if anything could be. but they were making the same case that his plan was bad because it would increase the burden on the middle class. the truth is -- and no one is willing to say this -- a middle-class pays a very small share of the tax burden. rich people pretty much pay for everything. i know we are not allowed to say that, i do not love rich people, but it is true. politicians never say that. host: here is a bit of the

exchange about the nine-nine- nine plan. >> is the estate tax going to go away? >> no, that is an apple. we are replacing oranges. >> and governor perry was right? >> no, he was mixing apples and oranges. >> will the people in nevada have to pay the 9-9-9 sales tax and then also have to pay the sales tax? >> you are doing the same thing. you have to pay the estate tax matter what. whether you for of the existing code and put in our plan, you still have to pay. apples and oranges. >> and i will be getting a bushel basket of apples and oranges because i will be paying for both. host: talk about mr. kane -- cain's possibility to articulate his plan. guest: he was overwhelmed by the demagoguery of the exchange. the folks in nevada will have to pay both taxes.

[unintelligible] of course, every person pays federal and state taxes, but half of the country does not pay federal taxes. this is such a graduated system that people in the top 20% pay the overwhelming majority of all the taxes. where does the money go? why are we in debt? because of middle-class entitlements. medicare, social security. anybody who stands up with a straight face and says middle- class, your tax burden is too high, you are getting screwed, that person is lying. it is fine to lie to people in good times, i guess, because we can afford to, but we're getting to a place where we cannot afford to not tell the truth about where the money goes.

host: upper marlboro, maryland. alex on the democrat's line. caller: i have been listening to your show. i have to admit, i did not catch the debate last night, just a couple of clips, listen to reports this morning. i am laughing at all of these guys. none of them will hold a candle to obama in the election. like the president said the other day, you are just hearing the same old talking points over and over again. what these candidates are missing, as well as the republican machine at large, there is a large portion of

this is where people want to see our leaders. >> there is no evidence that the president has for tar to bring this to the center. i think he will see the president demonize this personally.

i think you will see him continue to play cultural wars. it is not have anything to run on. >> i find it stressing that they do not see a capable of producing a candidates who can articulate a case. a lot of republicans beat that. they are saying bring us some one great.

i do not think i have ever voted for a winner. the republican party is still an institutional party. it is hard to unseat mitt romney. the truth is there's so much volatility. if there's ever a year for some things truly weird happened where obama step down and join iran as the democrat, it is unlikely. a klaxon he mentioned donald trump. they are going to the center. is probably too late for his campaign. in the hampshire, he finally found a compelling message.

he shifted from this dude. >> i do not know. he hired one of the dumbest campaign managers and the history of politics. he had tweaked. i believe in science. if you agree with that, if you are a liberal. that is true. the republican electorate is offended by things like that. it is designed to make her right wingers mad. >> >> power ehud? >> man, is this guy impressive.

he is articulate. he did a very good job last night. >> i want to get his take. i do things his plan is uniform. it goes in to say how all taxes should be uniform. i think his plan does meet that criteria. what i wanted to talk about was the reflected trade patterns where imports and exports equal themselves. >> certainly, a lot of people

will look forward to a system like that. it is a complicated system. they clearly undermine american manufacturing. >> this has been the said downside of our trade imbalance. they also provide a lot of incentive good spirit while there is income disparity, you hear that wages have been stagnant. power has increased. 30 years ago, people did not have this in their house. bids are cheaper. it is a mixed blessing. >> they have a piece looking at

the top republican candidates. this is money raised from the victors. mayor romney came in. obama they plan a million. herman cain at the center for responsive politics. it is influencing their policy. >> i cannot believe anybody the money to barack obama. never underestimate their mechanism.rmafor how could you wore that guy? >> i do not get it. people sniffed the throne a matter what. >> obama is going to get more from wall street.

there is no question. obama won voters. he won the rich people. it is fewer than there were four years ago. >> hello. it is good to see you. a member you from the crossfire days. it is a great booster. >> there are a lot of things i could talk to you about. let's go with taxes. use a poor people do not do any taxes. there are other excess taxes.

their state tax. how much would they paid? >> they say, is too rich people pay. it is still not covering the tab. it is not the top 1%. he did not understand how science works. you come to a conclusion based on evidence. >> i am not sure i can address your point. i do not understand it. the think i do understand the principles of science. i would say you're absolutely right. the government did see a million

different ways. the flip side is that there are lots of benefits. i think about half the country receives more in federal money. we elect people. that is really ominous. it is not because i'm defending rich people or i inherited a lot of money. i did not. >> this is not true. we are all citizens.

we all pay the same rate. why should one unpopular minority group -- and nobody wants to defend them. i will defend them on principle. why should one shoulder a disproportionate burden? i think it is wrong. behalf >> it highlights the campaign. he is one of the most outspoken senate democrats. cracks it is a great piece. there are another others that do not want obama to visit their district. it is about as conservative as you can be. it might overdraw its a little bit.

it will not be photographed with him publicly. he spends a lot of time defending himself from obama. when the more guns. they were on obama's side. if you look at voting records, a lot are still faithful. he would have been reelected up to and after his stead if he had not gotten fowled up with the obamacare nonsense. it is a payoff he accepted for a

time. and makes it unlikely that you'll get reelected. it is a shame. he is a smart person. he is pretty moderate. i want moderate democrats. he had to have some compromise. not everyone can be a hard core ideologue. critics there was no question. it cracks they're pretty darn conservative.

john weaver is running this. >> all my rustication is for naught. >> i do think the democrats will lose control. some of them are very heartfelt. it is the nature of their state. >> thank you for waiting. >> how is it going? i hear everybody say herman cain is not electable.

they can pay some taxes. bush did the drug for sturgeons for the elderly and t.a.r.p. republicans cannot afford to stand another pa. >> i thought it was pretty radical. bush never got the credit he deserved and that.

in a severe heart for them to hold a camera. the have irresponsibility. it is a major boughblott on the record. kreisky's morning. good morning. >> you have a bunch of politicians to get together. they do not want to find solutions to the issue. about socialg security and medicaid. i would like to have a bac para

-- to have back. >> their payroll taxes. you can eat that money. you put money into an account is to draw against any get old or sick. it is very complex to call them out. these are highly popular programs. that is why they're so expensive. reducing payments for people, what did they going to do about it to?

there not a powerful bloc in american life. controlling the growth of its is not driving us to insolvency. this is beyond the power of any politician i have ever met. >> how can you be serious about balancing the budget? >> i do not know if that is a bumper sticker yet. but get the last 10 years. what do you notice? i'm including the bush tax cuts. i do not think anybody argues that tax increases are stimulative.

they raise a lot of money. they spend more. >> good morning kar. i think problem is that they are not able to clearly define the conservatism and why it works better than liberalism does. we keep putting it up. they're trying to create hybrid of ideas.

this is how it worked. >> if we can get the candidates who will do that, we will win the next election. >> conservative is a tougher sell the liberalism. he doesn't want to except free help? conservatism is a case that is a much harder thing to sell. cannot sell something. it cannot consume that. wait for tomorrow. it is a case you have to take.

>> just a few more minutes with my guest. >> the morning. please, let me make my point. it is just weeks of sarcasm. have you seen the poll on poverty? it is not care how many are living in poverty. i do not like the fact the dismiss this. >> let me just say, i was not attacking people at all.

i was defending them. they are not a powerful voice. i was on your side. these are the results of panning to the middle-class. this is the problem. >> the president said there were similar ones.

>> to learn so mean to you. i cannot stand to hear this. i would say this is one thing. i'm very sympathetic to the names of people. read the thing going to work, they go and waved it. i reject this. i have hundreds of protests. you're standing in the streets. this is not prosperity make. winding.st

>> last call. >> the morning. >> i am on the disability medicare. i would like to know the jobs bill. shoeshine to address the jobs bill. -- she was trying to address the jobs bill. this is fantasy land. it has everything to do it the president making a rhetorical case for his reelection. republicans are mean improbably racist.

you have to vote. no one i have never talked to take this seriously. >> i am an editor but not a great speller. i wanted think the mattress of conversation. >> there are constantly updating the site. it is one of the largest new sites on the web. >> in your front-page dealing? >> no. so what they thought. >> thank you very much. [captioning performed by national captioning institute] [captions copyright national cable satellite corp. 2011] >> senator grassley talks about the deficit reduction. don edwards on the agenda.

>> will discuss how the u.s. will provide medical care. , and security secretary janet napolitano speaks. the visit in military base. they speak to tepper carlson about the republican presidential race. let us firmly connected with the company. >> i was a liberal but for many of those.

i fought for the reforms. >> who's a member of the democratic party. although he lost the election, he left his mark in political history. we became this. he is one of the 14 men featured.

>> the janet napolitano atoll conquers the obama administration is set to begin a review of deportation cases in order to focus and priority cases. they also heard complaints from patrick leahy. this is two hours. we have what is in the press. we know it would have been a disaster. this involves the department of

this case involves the department of justice, the dea in a coordinated effort to stop a terrorism act on u.s. soil. i want to praise the agencies involved in the investigation. they did not engage in armchair quarterbacking about whether the suspect should be sent to guantanamo bay. a terrorist attempt to blow up an airplane on christmas day, some politicians used the occasion to criticize the attorney general after the suspect was arrested and made all kinds of claims, none of which came true. people are asking why he was given miranda rights. if someone is going to confess, they will confess given the miranda rights or not. it is more difficult to make them stop talking.

we got a lot of useful intelligence from the suspect. people complain about him going to federal court. he showed -- we showed that our courts work, they are open. he pled guilty and faces a potential life sentence. prosecution can feel happy that they followed the way they did and not listen to the monday quarterbacks. he now faces a potential life sentence. that means more than 400 terrorism cases prosecuted by the department of justice since september 11, 2001. the president and the national security team have done a tremendous job of taking the fight to our enemies. earlier this year the president ordered a successful strike against osama bin laden. he stayed focused on destroying al qaeda from his first day in office. i know teams were put together after the president came into office. i commend him and the cia and

others on that. a terrorist operative was located in yemen. one case was horrible and tragic, the case at fort hood. do we remain vigilant? of course. in the aftermath of 9/11, the country has spent trillions of dollars trying to shore up our security. there were some wasteful and ineffective measures in the early years. the bush-cheney administration shifted our focus from bin laden to sodom hussein -- to sodom

hussein -- saddam hussein in iraq. we continue to take money from programs in the united states including education and medical research, and we dump it into iraq. we are ready for any discussion about a new chapter in our efforts. secretary napolitano, we first met back in the days when you were a prosecutor and ag. i have a great deal of admiration for you and the way you run your office and i think you for joining us today. i look forward to hearing from you today. our priorities should be moving forward. i hope that your department can strengthen its efforts to provide knowledge -- others have been devastated by these recent natural disasters.

this is much needed. i do appreciate all the department's efforts in rebuilding after the devastating floods we experienced this spring and summer. i was born in vermont and i've never seen anything so disastrous in my life. it reminds me of the stories my parents and grandparents were talking about 100 years ago. this is difficult for americans as winter approaches. we should not complicate the situation with the edit certainty that comes from ideologically -- the result in inaction and funding for disaster relief. the american people wait for disaster assistance should not be victimized again. americans should help other americans as we have for generations. as somebody said to me, we seem to have an unlimited amount of money to build roads and houses and bridges in iraq and afghanistan. americans will protect them and use them.

we bear the full brunt of hurricane irene. businesses were destroyed. i want to compliment the minister for fema and the staff. my wife and i have visited some of the fema offices and we thank the people that were doing that. from border security and other areas, we have a progress report. i think it is time to renew a discussion on comprehensive immigration reform. the discussion went off track after a bill was passed in 2006. i look forward to your help there.

change is never quick or simple. the kind of change depends on determination. i realize it is a different world than when my grandparents emigrated from italy to the united states to vermont, but we have to realize that we're a nation of immigrants and we have to have a better immigration policy. i look forward to the day when barricades began to fall. hearts and minds will change. new doors of opportunities will spring open. immigrants won only to live the american dream -- immigrants want only to live the american dream. so with that, senator grassley, i yield to you. >> it is often an overlooked function for members.

it is not always glamorous. it is hard work and it can be frustrating because of bureaucratic stonewalling. the president-elect was talking about the most transparent government ever. unfortunate, this administration has been far from transparent. today's hearing will give us an opportunity to ask questions. i am frustrated by the less than forthcoming and just we have received from me administration. we need a little bit more straight talk. i feel our concerns are often dismissed. last week, 19 senators received a response to a letter that we sent to the president about immigration policies. the response did not come from the secretary.

it came from a bureaucrat in the office of legislative bureaucratic affairs. it is as if our concerns are trivial or insignificant. we wrote to the president. a memo encouraged immigration and customs enforcement officers to exercise prosecuting discretion. officers were asked to consider the aliens' lanes of presence in the united states, particularly

if the alien came as a young child, their age, service in the military, and pursued an education in the united states. on august 80, the secretary announced an initiative to establish a working group to sort through a number of cases currently pending before the federal courts to determine if they can be closed. combined these directors are alarming, especially to those of us who believe in the rule of law. we have many unanswered questions. we want answers and we want transparency and accountability. we are a part of the process. the american people are shareholders. americans also want the truth. i am frustrated about the administration's tactics in clan that had deported more undocumented people than ever before. the secretary continues to use statistics that are inflated. that office has been around awhile, since 1883. so i would like to know why the secretary jury picks what numbers she wants to use or refuses to use the statistics provided by the office of immigration reform. i will point out to all of you

to look at the poster. the department has a credibility problem. there was a headline that says -- "unusual methods help ice break deportation methods." there were patting the numbers -- they were padding the numbers. the secretary gave a speech on october 5, saying in 2010, ice removed over to order thousand criminals -- 200,000 criminals. there was a difference of 27,000. we do not know what to believe. the department is using different methodology from one year to the next.

homeland security personnel are encouraging people to do what they can't to increase the removal numbers. there is funny business going on and the department's credibility is at stake. but don't just take it from this senator. even the president and knowledge that the numbers are dubious. president obama said that the statistics are a level deceptive. i would like to hear from the secretary about what they continued to use these deceptive statistics and when the continue to use iced figures -- ice figures. i like assurances that this administration is not using creative ways to keep as many undocumented people in this country.

we have talked about deferred action and parole. one of the most egregious options in that memo was a proposal to lessen the extreme hardship standard. "to increase the number of individuals applying for waivers and improve their chances of deceiving them. they could issue a regular -- regulations specifying a lower the evidentiary standard for extreme hardship. if the standard is lessened, there will be able to bypass the bars that are clearly laid out."

i expect to hear from the secretary anything is being laid out. i will wonder that such an action will be a blatant attempt to circumvent the laws that were put in place. i am concerned by the administration's position when it comes to suing states when it comes to immigration laws. news reports claims that there are challenges in utah, georgia, and south carolina. what about cities and states that ignore federal law? will the administration turn a blind eye to them? i've asked secretary napolitano about the involvement of custom officers been detailed to phoenix to the operation. i ask the secretary about whether she had any communication about fast and furious with her former chief of staff who was the u.s. attorney in arizona responsible -- i did

not give any response back. mr. burke is to be commanded to be the only person to resign and take responsibility for the failed operation. i do not feel he should be obligated to be the only fall guy. others should step up to take responsibility. thank you. >> thank you. secretary napolitano, the free to start. i think the senators -- i thank the senators. others will be joining us. there are a number of other hearings going on at the same time, as you know from your own experience. most of us served on half a dozen different committees. someone not be here.

please go ahead. >> thank you, mr. chairman, for the opportunity to testify today. i would like to update you on the progress we're making, particularly with respect to our efforts to prevent terrorism and to enhance security and to secure and manage our borders and to enforce our immigration laws. we have continued to grow and mature as the department by strengthening our existing capabilities, building new ones, enhancing our partnerships across all levels of government and with the private sector, and streamline our operations and increasing efficiency. we know the terrorist threat facing our country has evolved significantly over the last 10 years, and continues to evolve. we thought face a threat environment where violent extremism and terrorism are not defined or contained by international borders.

we must address threats that are homegrown as well as those that originate abroad. dhs has worked to build a new architecture to better defend against this evolving terrorist threat. we're working with law enforcement and community-based organizations to counter violent extremism at its source, using many of the same strategies that have proven successful in combating violence in american communities. we are focused on getting resources and information out of washington, d.c., and into the hands of state and local law enforcement, to provide them with the tools they need to combat threats. we continue to participate in joint task forces and work with our partners at the department of justice on the nationwide suspicious activity reporting initiative.

we encourage the public to play a role -- if you see something, say something. we replaced the color-coded alert system with a new national terrorism advisory system to provide timely information about credible terrorist threats and recommended security measures. these steps provide a strong foundation that dhs and our partners can use to protect communities, engage and partner with the international committee, and protect the privacy rights and civil liberties of all americans. this administration has dedicated unprecedented resources to securing our borders. we have made the enforcement of our immigration law smarter and more effective, focusing our resources on removing those individuals who fit our highest priorities.

these include criminal aliens as well as repeat immigration law violators, recent border crossings, an immigration fugitives. the efforts are achieving unprecedented results. overall, ice remove nearly 397,000 individuals. 90% of those fell within one of our priority categories. 55% or more than 216,000 of the people removed were convicted criminal aliens. 89% increase in the removal of criminals over fiscal year 2008. this includes more than 87,000 individuals convicted of homicide, sexual offenses, or driving under the influence. we removed -- more than 2/3 in fiscal year 2011 fell into recent border crossing and fugitives.

as part of the effort to continue to focus the immigration systems resources on high prairie cases, ice has implemented policies to insure that those enforcing immigration laws make appropriate use of the discretion they already have in deciding the types of individuals prioritize for removal from the country. this policy will help immigration judges and the federal courts to focus on adjudicating a high priority removal cases more swiftly and in greater numbers, enhancing ice's ability to remove convicted criminals. this will promote border security. it will allow for the expansion of ice operations along the southwest border. we have stepped up our actions against employers who hire illegal labor and take action to identify visa overstays and combat human trafficking.

smart enforcement is just one part of the overall puzzle. this administration is committed to making sure we have a southern border that is safe, secure, and open for business. we have more than -- we are two years into our initiative. the additional manpower and resources we have added with bipartisan support are working. illegal immigration the thames have decreased -- illegal immigration attempts have decreased over the past two years and are less than 1/3 of what they were at their peak.

we have matched decreases in apprehension with increases in seizures of cash, drugs, and weapons. violent crime has remained flat or falling in the past decade. cbp is developing an index that will represent what is happening at the border and allow us to better measure our progress there. i look forward to updating this committee. uscis continues to provide immigration benefits and services to those eligible in a timely manner by streamlining and modernizing its operations. we know war is required to address our immigration challenges.

president obama is firm in its commitment to advancing immigration reform, and i look forward to working with this committee and with the congress to achieve this goal, and to continue to set benchmarks for our success in the future. i like to thank this committee for its support of our mission to keep the united states safe. i want to thank the men and women who are working day and night to protect and defend our country, often at great personal risk. i'm happy to take your questions, mr. chairman. >> thank you, madame secretary. all prosecutors have to make at least some decisions based upon resources. the state's attorney in vermont or an attorney general. we have to be realistic about the situation we face. it will be impossible to deport all the immigrants in the united states who are undocumented. nobody is asking the government

to redirect billions of dollars to try to remove 10 million individuals, even if you could. that is not an amnesty policy. not all people are going to be given the opportunity to work. dhs is still deporting record number of immigrants each year. over a million in this administration since taking office. so, let me ask you this. how does is discretion policy strengthen law-enforcement and border security? is it a good use of our federal resources? >> you have hit the nail on the head. any prosecution office has finite resources.

you have to set priorities. what has been a bit surprising is the reaction that somehow the prosecution memo that director morton was something new. if you go back, there is u.s. supreme court case law and there are memos from directors in both republican and democratic administrations, and makes common sense. so when look at the fact that there are 10 million or so illegal immigrants probably in the country, and the congress gives us the resources to remove approximately 400,000 per year, the question is, who are gone to prioritize? we want to prioritize those who are convicted criminals, those who are egregious immigration and repeat violators, want to prioritize those who are security threats, those who have existing warrants.

what you see happening now, particularly over the last year, it is that while the number, around 40,000, remains about the same, the composition of those with and that number -- the number, around 400,000, it is shipping to reflect the priorities we have said -- it is shifting to reflect the priorities we have set. >> a large number of the departure of agriculture people will check for invasive pests and plants , across our border and shifted to look for terrorists. there was a colossal mistake. we find in a vase of pests -- we find in a vase of pests -- invasive pests -- local governments, almost $2 billion. we have to be concerned about that. we have a lot of things across our borders. these pests can cost taxpayers

billions and billions of dollars a year plus irreparable damage. too many slipped in. they have thrown the quality of our food supply. some senators would like to see the inspectors returned to the usda.

others say we should elevate agriculture mission within the border patrol. what should we do? how can -- what kind of a surges can you give us that the inspections needed -- the airports, the crossings, seaports, even rail is going to be done the way it should. this is a growing problem in the united states for these invasive pests. >> we have within cbp about 2000 agriculture specialists located at the ports of entry to search for exactly what you are

suggesting, which are different kinds of pests, things that could wipe out entire crop very quickly should they take hold in the nine states -- in the united states. i don't have an opinion to express now on whether some of the agriculture department should take over this role, but i will say -- >> you would except the fact that it is an important -- >> absolutely.

>> i hope you look to this carefully. i want to make sure we of the best people possible on that. i would not have the foggiest idea what to look for in plants, but we have experts who do. whether the best people are, they should be doing that. the danger to this country is significant. >> i would agree, and the people who do are specially trained in this regard. >> the program is administered -- in vermont -- i am sure is the same as other states -- dairy farmers, apple growers who experienced difficult challenges within the department of labor and i'm afraid we are maintaining something that is fundamentally unfair. i am not alone with my frustration. a seasonal visa for a dairy

farmer doesn't do them much good. "stand by, we'll be back in a few months to milk you." there was a bill to provide dairy farmers access to the program. we have introduced a similar bill. now, if i had my druthers, it would be to tackle immigration in a broad matter. it was somewhat too complicated. would you support this in a bipartisan effort to provide some basic fairness in the program for dairy farmers and sheepherders? >> with the caveat that we

always want to see the actual language. the answer is yes. we have had this dairy issue for a couple of years. our hands are tied until the law is changed. >> look at another thing. material support for terrorism. a case of refugees that sold flowers and give it bowl of rice to a terrorist organization. somebody gives a donation of the dollar is one thing. somebody gives hundreds of dollars is another. somebody who sells flowers to a terrorist is not providing support to terrorist. can we take a look at the interpretation of what is material support so that we're dealing with material support and not immaterial support. >> this is something that

involves the department of justice. the answer is yes. i think we have been providing some clarification with respect to those who provide medical care. so the answer is yes. >> i remember the old days of j. edgar hoover. the fbi would come running. there was a stolen car that was recovered. the recovered $10,000 in maybe a banged-up old ford. i do not want somebody that tries to make statistics a material thing.

>> thank you, madame secretary, for coming. i will ask you for some memos to you just referred to that previous administrations have exercise prosecutorial discretion, both in a republican and democratic administration. i would like to of copies of those. >> these memos are referred to by date and author. we will give you copies of them. >> you announce the prosecutorial initiative focusing on the high party cases where you say the working group is still finalizing -- this committee needs some answers about what has been discussed and decided up to this point. we hear estimates of the number of cases that could be reviewed. some say is up to 1 million. could you give us an estimate?

>> referring to the master docket. roughly 300,000. >> ok. will those of final orders of removal be eligible for relief through this process? >> absent unusual circumstances, no. this is for cases of them are pending that are clogging up the docket and preventing us from getting to the higher- priority cases. >> some individuals who are given relief will obtained work authorizations so people with no right to be in the country will be allowed to work here. is that correct? >> since around 1986, there has been a process where those who

are technically unlawfully in the country may apply for work authorization. those cases are reviewed by cis on a case by case basis. there is no change in the process. that goes back to the mid 80's. >> some could have an opportunity to work even though they are here illegally. >> that happens now, senator. >> i would like to have those questions answered in a timely manner, please. would you do that? >> i would be happy to. >> the number of work authorizations approved. >> we will be happy to keep the

committee staff apprised. i don't know what to me about real time. i think we can reach an agreement about how to keep the committee briefed. >> periodic updates. thank you. there's some discussion about giving one function to homeland security. congress also dictated that all of these applicants between the ages of 14 and 79 be interviewed in person with only a few limited exceptions. this is because 17 of the 19 september 11 hijackers put nonsensical answers on their visa applications. i am concerned about an attempt

to do away with the interview. i am concerned about the state department reinterpreting the law. frankly, this is a september 10 mentality that risks to our national security. do you think all these applicants should be interviewed by consular officers abroad? if you are, you push back an attempt by the department of state. >> i need to look into that. you are digging me new information. i will say this, however, we have our own people in many embassies as visa security program officers who do separate security checks. i think we need to not only supports that, but look at that function. that is a check against many relative databases. we need to do it at least on a wrist-basis.

>> i have serious concerns about the memo released last summer that suggest the department or change the definition of "extreme hardship." i brought this up when the memo was released. i find it and egregious option that we need to discuss. some people could apply and receive a waiver to stay in the united states and not be subject to the congressionally mandated bars. this definition was watered down. changing the standard would be a huge policy change, resulting in the relief of millions of people here unlawfully. are you aware of the tabs to change or lessen the definition of "extreme hardship for ">> what you are putting your finger on is the fact that the existing immigration law is very difficult. it is something we would urge the congress to take a look at

holistic we. we are ready to work with the congress on that. my discussions focused primarily on making sure that as we exercise our enforcement functions, we are really prioritizing in a common-sense way, consistent with what i have been informing this committee when i first became secretary. >> have you received any memo on the proposal? >> not that i am aware of, no. >> if such a memo were to arrive at your desk, would you consider it dead on arrival at your desk? >> again, i will not speculate on a memo i have not seen, but i understand your concerns. >> i take you expressed that congress needs to deal with that. if congress does with that, it seems to me you cannot do with that through administrative action. that is my point of view. i mentioned former u.s. attorney, dennis burke, in my opening statement.

this is an issue i asked you in june to respond to in writing. have you had any discussions about operation "fast and furious." >> no. >> you obviously did not talk to him about the agent's death? >> that is a different question. >> answer that. have you had any communication? >> not about past and curious. when the agent was killed on december 14, i went to arizona, a few days thereafter to meet with the fbi agents and the assistant u.s. attorneys who are going to look for the shooters. at that time, no one had done the forensics on the gun and "fast and furious" was not mentioned. i wanted to be sure those responsible for his death were brought to justice. i did have conversations in

december of 2009 about the murder of agent terry, but at that point in time, nobody knew about "fast and furious." that is a different question. >> since i first asked you about fast and furious in march, have you done things beyond what you just told me looking into it in any way? but you have not, it is ok. if you have, and would like to know about it. >> i did ask ice to look into it as to whether there had been any involvement there. i think we responded last night to you with respect to that, but that is all. we are waiting for the inspector general. >> i will ask you one last question and my time will be about what the chairman used. i have concerns that this administration chooses to suit some states, like arizona and

alabama, and chooses to turn a blind eye to places like cook county, ill., and refused to cooperate with feds on immigration matters. have you had any discussion with the department of justice about suing cities or states that harbor undocumented immigrants? have you had any contact with cook county about their ordinance? >> i have not had any discussions at this point in time and not had any communications myself with cook county, but i will say that one of the key tools we are using to enforce the priorities we upset with respect to removals' is the installation of secure communities throughout the country, in jails and prisons. the huge majority of jurisdictions have no problem with this. we have been improving the system as we have been doing the installation. we expect to be completed by the year 2013. >> . you, madam secretary.

they too, mr. chairman. >> having removed 397,000 last year alone, you are removing a lot. >> thank you a very much. madam secretary, welcome. you run 22 departments with 240,000 employees. certainly one of the biggest apartments in the united states. i want to say i think you are doing a very good job. i think times are tough. i think leadership is very hard in this time and a lot of the things are controversial, but i want you to know that you have my support. i also want you to know that i want to do everything we can to prevent guns from going to mexico because i know where they end up and that is not good for anyone. having said that, i want to concentrate on two programs, which i have been at immigration for for the 18 years i have been

here. one of them is student visa fraud and the other is the visa-waiver program. let me begin with student visa fraud. i got into this many years ago where there was a storefront school next to our san diego office. it turned out to be a phony university, essentially attracting people from abroad illegally to come to the united states on a student visa and then they just disappeared. that was a long time ago, but it is still going on. as late as, i believe, january of this year, there was tri valley university, which is in california, which was apparently authorized porsche 30 students and ended up with some 1500.

it was really a scam because they collected up to buy% of the tuition while each foreign national collected up to 5% of the tuition of any new student. there was profit-sharing. really, visa fraud. today, i understand, there are more than 10,500 schools approved by dhs to accept non immigrant students and exchange visitors to study at their institutions due to exchange visitor programs. i am concerned about the number that have been turned out not to be operating for student purposes. my understanding is that an internal risk analysis performed y price determined that 417

schools showed evidence of being a high risk schools for fraud. what type of enforcement measures have been brought to bear and initiated by the department to get at these high- risk schools and shut them down if they are not doing the right thing? >> senator, i share your concern. we have decreased the numbers -- increase the number of individuals looking at the programs and these institutions. tri valley was one of the cases brought to light. there have been others. we are working with the department of justice on prosecuting the perpetrators and it really tightening up on the whole student visa program in that regard. i would be happy to send you a longer answer to all of the efforts there, but for the purpose of the hearing, i can say, yes. this is a concern and we've been putting additional resources to

it. >> more than a decade ago when i looked into it, universities were not even verifying that they were in fact in the university. we had an agreement then to the universe to the association that would change. i suspect now that schools have so many financial problems that there may be an inclination, you know, to except more foreign students who really do not turn up. >> right. >> i think it is a very good thing to be on your guard and i appreciate the fact that you are. my other interest was in the visa waiver program. i believed, and this is over 18 years now, that a number of illegal entries came in through the visa waiver program. if you come from a visa waiver program, you come without a visa

and are supposed to leave in six months. we have no exit system. we did not know who was leaving and who was staying. a new database system -- wait a minute. the electronic travel system -- a recent report by gao identified several measures you should take. i sent a letter to you dated august 15 requesting information on your efforts to implement the gao's recommendation. sorry to say i have not seen a response. here is the question -- what are the department's efforts to implement the gao recommendations to improve the visa waiver program? we know someone who comes here lies when they are supposed to leave. it is supposed to be a visitor program, not a permanent program.

>> that is right. i apologize that you do not have a response. you will get one fourth with, but i will say that first of all, it is barre, and -- i am not being critical -- there is a lag between the data they have and what is happening. we have improved our systems. as we have been able to merge or develop search engines that can quickly search different databases on a real-time basis, the exit numbers have gone up, the czechs have gone up, and we have developed a very, robust, by a graphics system to measure over stays and prioritize overstays. >> how many of these entrants are there a year? these a waiver entrance? >> i do not have that number. i will get for you. it is a lot. >> could you get me that?

could you show me the trend line and the estimates that you have pursuant to this data program of people not returning to their home country? >> that is right. >> i appreciate that. thank you. thank you, mr. chairman. >> senator hatch? >> welcome. we are happy to have you here and appreciate the tough job that you have to do. recently, immigration and customs enforcement officials conducted an audit on the weaver county, utah jail and said because facility did not meet twice a detention standards. as a result, the weaver county jail can no longer house approximately party%-60% is it detainees. they claim that ice maintains there detainees do not undergo a

strip searches, do not have to pay the $10 copays for medical treatment, and reserve their own barbershop. the sheriff said that treatment gets around immediately. the other inmates resented it. it gets inmates heard. -- inmates hurt hurt. do you agree there is a role for some of these noncompliant jails in identifying and removing criminal aliens? >> senator, i would have to look at this weaver jail situation. we use a lot of jails around the country who have no problem complying with the standards. we will look into that one. >> it seems ridiculous to me. >> it does not sound completely

accurate, that i might say so. you're so pretty knowledgeable of the note standards. >> as far as i know, they are a humane. one of the recommendations from the 9/11 commission report is to create a visa-access program for foreign visitors to the united states. departure information is vital for determining whether foreign visitors are leaving the u.s., maintaining their visa at status, and maintaining future gis eligibility for these visitors. not to mention the ability to attract departures' helps keep our nation say. that is why i introduced the strengthening our -- pin introduced the act that would require the secretary of homeland security to create a mandatory exit procedure for foreign visitors of the united states. without such exit procedures, the task of determining whether

aliens have overstayed their visas in the united states seems to me would be nearly impossible. since 2004, it is my understanding that the department of homeland security has been testing the various exit programs and departure controls at u.s. airports support these up holders leaving the united states. in july 2009, another pilot program was conducted by the h s, yet we have not seen any implementation of exit procedures for any of our country's visitors. at least, i have not seen them. i prefer not to create an extra procedure legislatively, but it seems that maybe the only way we get the results we need. if technology is available, why has the a chest not acted on this? it has been over seven years since the first pilot program was completed. my question is, how many more years to we have to wait?

>> i think we have to distinguish between biometric exit and a very robust biographical exit system that combines a lot of different databases that we did not have a two or three years ago. these are new developments. we have piloted a by a metric exit. it is very expensive. in these fiscal times, i do not see how, unless congress is willing to give us billions of dollars, we can actually install it over the next few years. we can basically get to the same. using the biographical exit systems we are beginning to deploy. we have been able to go back -- we started this project last spring -- look at the back lot of visa overstays. one of the things we discovered using our enhanced by a graphics system is about half of those people actually have left the

country. now we run the other half against our priorities -- criminal convictions, recent border crossers, fugitives and the like -- and that way we can prioritize ice operations to meet our other priorities. >> thank you. i have been getting a lot of complaints lately about the checks at the monitoring stations. people do not want to go through the x-ray station, so they line up on the one side or the open door station is. your people to force them to go through the x-ray station. if they say i do not want to do that, they say, you can do it but you will have to be patted down the question they want me to ask is why do you need a pack down if they go through it that

smaller station? is that just a way of forcing them to go to the other? can they not have their choice? give me the reason why a person cannot have his or her choice if they are just afraid of getting a shot of radiation or whatever it is they are afraid of? or they just plain do not like to go to that particular section? >> i can say the answer in one word and that is abdul metallic and others like him who been trying to bring -- abdullah, and others like him to a been tried to bring explosives on the plane that do not have a metal components, therefore, it will not be picked up. that is why you see the pack down procedure has been adjusted. that is plain reality. we at actually have been looking

nationwide at how we can move people through. we had about 1.5 million passengers today in the u.s. air system. things we can do to make it easier for passengers to process the the system. we continue to look for ways, but the reason for that basic choice and where we are is the actual threat we are dealing with. >> why can a person get a line up to go to the smaller station, what can they not just do that? what are the fourth to go to the other? >> i do not know about that. they should have a choice. i will speak to the director about this. >> it seems to me people ought to be able to use either to one. admittedly, if someone looks suspicious, you have to have that right to have them go to the more serious station, i

guess, but the vast majority of people are not suspicious atol all. i have had a lot of complaints from that. >> , i will be happy to look into the weaver county jail situation to see what can be done. is it weaver? i apologize for that. >> if you look into that, because it seems ridiculous to have to provide facilities that are not provided to regular people thank you. >> of like to work with the senator senior from utah. most pilots will not go to the x-ray. i realize some former members of online security have logged to keep -- to get the u.s.

government to spend hundreds of millions of dollars on those things, most of which we probably do not want. maybe they feel they have to use them. i am have exactly the same situation as the senator from utah. cancer survivors will not go through it. they have to wait and wait. sometimes you get the impression i almost want to make you miss your plane because you have to go to the pat down. children having to go through. i get when we hear it, whether it is mr. pistol or other talk about it, arrogant disregard of real americans who have to put up with this baloney. i realised the need for security, but it just -- i have

the same frustration the senator from utah does. >> my wife likes to go to the other station. i do not. a i never raise a fuss, nor would i. but it seems to me -- maybe i look like a terrorist. i don't know. but i don't think so. i am really very kind and loving. >> i do provide amusement of people -- for people taking cellphone pictures. there is a law against taking photographs -- of course, there is no such law. it is just one more example. we will go through it and do it and maybe miss your airplane because they are annoyed that you actually want to protect your rights.

it is a shame because you have some very nice people working at tsa. >> i do have a great crew working but i do appreciate the concerns. >> at the very top there is a disconnect with reality and there seems to being -- be -- >> i agree with that. your employees have been great and i will always comply with whatever they say. >> so do i.. >> i know you will, too. but there is a ridiculous nature sometimes. they have always been very gracious and nice to everybody -- >> i will continue to look into it and improve and we will work with you and looking to your complaints. i understand that and why people get concerned and frustrated when they travel. but i also think we have the safest aviation system in the world, and there is a reason for that.

senator, i will give you that. you look kind of loving and we should be able to handle this and also -- >> he usually is. understanding that the people who work there are some of the nicest i have met but i worry about some of the directions they get from the top are so unrelated to reality that it is frustrating. sometimes, yes. senator grassley reminded us of the risk federal law enforcement officials face. beginning of 200912 department homeland security law enforcement officers lost their lives in the line of duty -- since 2009, 12 department homeland security law

enforcement officers lost their lives in the line of duty. a reminder that people in your department put their lives on the line every single day for all of us here, including the tsa folks. senator schumer? >> thank you, mr. chairman. let me pay you a compliment to start off. secretary napolitano, i think your administration is doing -- i want to pay a compliment on immigration enforcement because your administration is the first really to take a rational approach to this issue and the statistics speak for themselves. you are using scarce enforcement resources to deport many more dangerous and plot -- criminals and focusing on making this a rather than causing disruption of economies and families to placate critics. in a great deal of sense when you have scarce resources, -- it makes a great deal of sense when you have been scarce resources to focus on criminals. i sent you a letter on april 14 to ask you to implement the changes.

you are doing a good job. >> thank you, sir. >> now, a couple of questions. one is about the peace bridge on the buffalo-canada border, of great importance to the western new york economy. in yesterday's "globe and mail" there was an article indicating there was a borders -- imminent border security agreement and it specifically quotes "the united states needs to find ways of expediting low risk cargo and travelers and focus resources on high risk traffic." know where is it more true than on those two bridges. they are respectively the third and fourth busiest commercial crossings in the nation, handling $30 billion of commerce between the u.s. and canada. but my office has been fielding lot of complaints from business leaders, average citizens, about the length of time it takes for commercial traffic to enter the u.s. and canada.

it is mainly because of the space on the new york side of the border is a very small. there is plenty of space on the canadian side. if we could do the inspections on the canadian side, it would be good. could you commit that as part of any future border deal with canada you would expedite commercial truck traffic to the united states from canada by prescreening the trucks on the canadian side of the bridge and this screening will begin soon? >> yes. >> great. no better answer than that. let's go on to our next one. it always pays to start off with a complement. [laughter] >> you can do that again, if you want. >> man attack threats -- nanotech threats. this has been -- >> and if i might expand, i thought your question permitted a yes or no answer. but we really are very

interested in how we can expedite the free flow of goods on both borders, northern and southern. and looking at ways where we can do pre-inspections, if not actual pre-clearance on the canadian side and facilitate that into some of the smaller areas on the u.s. side. you clearly got our attention. >> this is just what we need because you could have a whole lot of votes on the canadian side and you can't on the new york side because of geography. nanotech -- recent report highlighted an emerging threat. growing concern that

universities with nano- technology researchers -- kennedy targeted with package bombs. these same terrorists are linked to attacks and south america, canada, and europe, but it clearly have the ability to cross international borders. new york state is one of the leading nano-technology hubs. the albany region is probably number one in the country. at the moment it is my impression the department of homeless security is not participating in efforts to keep schools and other homes safe from attack. can you commit to working with and helping our new york universities and nano-technology hopes to detect and thwart threats? and is your department assisting the fbi to go after these groups? >> without commenting on investigations in an open settings, i will say that we are working with universities and schools across the country on a number of things to increase their security measures.

>> we have not had that for the new york schools. >> let me look into this, senator, and we will get back to you in terms of exactly what is going on. >> i am sure you will have no problem working with our new york schools to make them safer. good, thank you. finally, this is about fake i.d.'s from china. i wrote you a letter in august, you may remember, about companies in china that produced exact replicas of driver's licenses from various states for sale to people who might be terrorists, and illegal immigrants, or primarily underage teenagers trying to drink illegally. these licenses are very well done, with the bar code and everything else. very hard for the person at the bar or wherever else to actually detect they are false. sometimes you can detect it by a false address but they usually give and out of state address. if a new york bar in syracuse

get a driver's license that says altoona, pennsylvania, he has no idea there is no 123 elm street there. last week western union gave me good news by agreeing to work with the dhs to refuse payment to businesses whom you indicate -- when you indicate to them that are providing fake i.d.'s from china. this is the only way to cut it off, if they don't allow them to wire money, that is what they do. western union took a big step forward. he of the work is not done. these new false id's pose a major threat to the security of the u.s., as anyone on a no-fly wish -- list or terror list. a tsa agent who has the backlight is incapable -- not their fault -- is simply not capable of detecting whether these id's are real or fake. i am asking you to install, to begin installing integrated

electronic i.d. readers act tsa security points that can electronically scan and verify that the identification provided by an airline passenger in order to board a flight is indeed invalid identification. the reader should also electronically scan the name against terrorist list, no-fly list, etc. are we on a path to do this? what is happening? >> yes, we are on a path. there is an installation plan. part may be dependent on what we get in the fy 12 and 13 budget, but we are on a path to get these integrated readers. and a number of other things -- not just the detection of fraudulent documents, but the flip side is verification of actual identity. >> that's great. thank you for your very fine answers on every question i asked. >> thank you, senator. >> senator durbin? >> see what, senator sessions. thank you, madam secretary. congress has dealt you and the president and impossible hand. the united states has a confusing, dysfunctional, and

often cruel immigration system and you are charged with executing the laws associated with it. we all know as senators and americans that undocumented workers are an essential part of our economy -- from the fields and orchards of california, arizona, utah, and florida, to the meat and poultry plants of iowa, illinois, and across the

midwest, to the major restaurants in washington, d.c., and chicago, we avert our eyes and pretend they are all legal. we know better. they are any essential part of our economy and yet there is this revulsion and negative feeling about this and you are caught in the middle. you are given these laws and said to make it work. i think you are right to speak about the issue of prosecutorial discretion. every president and members of cabinet under the president have that responsibility, even recognized by the supreme court. i certainly think you are right on august 17 when you sent a letter saying dhs will review all pending deportation cases and cases involving criminals and threats to public safety will be given priority while low priority cases be closed, and many instances. you also said dhs would issue guidance to permit a low priority cases to be put in proceedings in the future. i appreciate your commitment in the process, but i am concerned.

it has been four months the sense of the morton memo was issued and two months since you announced the process for implementing. the review of pending deportation cases -- correct me if i am wrong -- has not yet begun. in fact, we did not even know what the criteria will be for the review. and you have not issued guidance as to who will be put in

deportation proceedings in the future. when will your review of pending deportation cases begin? >> the review of pending deportation -- i think it is important to segregate cases coming into the system versus those on the master docket already. that is the 300,000 i was referring to with senator grassley earlier. that process and ball's not just dhs but the o.j. -- involves not just dhs but doj. there is a group working on how to accomplish that. my understanding is in the next few weeks they will begin piloting in certain districts the actual review, and i hope shortly thereafter to begin going through the master cases. the goal is to administratively close some of the low priority cases so that we can facilitate handling the higher priority cases. in a way, trying to adjust the line in terms of who goes through. >> what is the time frame? >> i don't have an end time frame but i can share but you i expect a full review process -- the pilot will start in a few weeks. i would say two to three weeks. the pilot will not be one of these six months or 12 months pilots -- it will be to find logistical issues. so, we all want to move as quickly as possible once we identify it that we have the logistics' down. >> let me ask you this -- there are troubling reports there are ice and cdp field offices that announced the deportation priorities cannot apply to them.

is that true? >> if there are some, i would like to know about it. have personally spoken to the heads of the ice ero offices and the regional council. my understanding is they are very excited about having clear priorities, that the priorities are the right ones. the priorities, actually, i gave this committee in may of 2009. i said we are going to start moving the system so we can focus on criminal aliens. that is what we are doing. >> i would like to show the faces and tell the stories of three students who i believe most people would agree, having been brought to this country at a very early age, have made an amazing record in the short lives and they're being held back from contributing to the united states. i certainly believe the

president that secretary and your criteria of the right criteria. let us focus on removing those people who are a threat to our nation. that should be our highest priority.

and it certainly would not include these college graduates desperate to go to work and make this a better nation. i hope you will continue on this line on an exhibition -- expedited basis. you may have seen and heard about the "front line" program that went into some detail about the immigration detention facilities. it focused on a number of them, but particularly one in texas. i learned a lot about -- they always do a great job -- but i learned about the situation as i followed this program, some 85% or 95% of those detained under civil charges, not criminal charges, do not have the benefit of counsel. that the due process requirements are very limited on their behalf and that many times they are in facilities that are privatized, private businesses that are doing them and we do business with them. it has become a huge industry. i understand it is about $1.7 billion a year that your agency spent on these immigration detention facilities. there was an aspect of this program, though, that was particularly troubling. there was a woman who was a victim at this facility. she had been raped and her identity was hidden by the camera, and she told her story about how it was virtually impossible for her to even seek justice in this circumstance because she was totally at the mercy of the guards and is privatize the facility. i join with senator sessions and some of my other colleagues in passing the present rate elimination act in 2003 and i

thank senator session's leadership on this. we wanted to create a zero tolerance policy. the "frontline" the bus i was not the first we have heard troubling reports. -- the episode was not the first we have heard troubling reports. facts have been coming to light for 20 years. as a group, immigration detainees are especially volatile to abuse -- law vulnerable to abuse. and the often traumatic experiences they endured and their culture of origin. the commission issued proposed standards and the department of justice is now finalizing national standards. in april i wrote a letter to attorney general eric holder emphasizing the importance of strong standards. what is it the department of homeless security doing to ensure immigration detainees are a -- free from the use -- abuse?

>> when i took over we found there were little or no standard applied uniformly across all the detention facilities we use in the ice context. some of them are public jails, like weber county. others are privatized by companies like cca. we have to have beds, and particular given our priorities and how we are managing the system, we need beds that are near the southern border. we have, as part of that process, i brought in someone to actually look at standards and we redid our contracts with some of the providers. we do have a process by which we are regularly auditing and

overseeing what is happening there. but that is not to say there are not cases that are particularly horrific. we also have, senator, we tried to emphasize the availability of visas for those who are victims of crime, particularly victims of sexual crime and domestic violence. and we are trying to get out into the field the fact of the matter that the congress and the regulations to permit these visas. so, we will obviously review the documentary that was on last night and follow up appropriately and we will keep you posted. >> i am going to send you let our and i thank the committee for its patients. one last point -- and we spend annualized about $40,000 a year for each of these detainees when you figure $120 a day, which is the no. i am told. some are probably not that expensive. >> that is probably a good average. >> it is not that they are charged with a crime. they are in for a civil offense.

they have no benefit of counsel, 90%, limited command of english language and they are easily victimized. i think we have a responsibility to treat them humanely and fairly in deciduous and. might follow up letter will not only address this issue -- my follow letter will not only address the issue of protection from assault and rape but also those with mental disabilities. there was this awful case in san diego that was prosecuted or raised just a few years ago, where they had two individuals who suffered from serious mental ellis who had been in debt -- lost in the system for four years. what i read and learned a sense of the program last night and my study, there are totally inadequate facilities and staff. from psychologists, psychologists, nurses, dentists. we have the responsibility to treat them humanely and i want to work with you to make sure it happens.

>> thank you. >> thank you very much. senator sessions? >> thank you, mr. chairman. it is a criminal offense to enter the united states illegally. it is not a civil matter and we do provide health care for people who are captured entering the country illegally that needed, do we not? >> yes, we do. >> you've got someone entering the country and they have a health problem and we every and then and then we give them health care. i think in general, they are being treated well. and the few -- isn't it a fact under operations streamline, people are apprehended and prosecuted through a misdemeanor, usually i

understand, unless it is a repeat offense, are deported far less than a year's time? >> i think that is right, senator. i would have to concur. i think that is right. >> i think it is, except for people from distant lands that you have difficulty -- >> the country may not want to accept them. >> madam secretary, i am very concerned about the morale of our ice officers. i spent 15 years as a federal prosecutor working with customs officers and border patrol agents and others. you like to see them motivated, excited about their work, believing in their work, and they have to believe that the people at the top support them and believed in the mission they have been given. there is a real problem with this. in june of last year, the ice union cast a unanimous vote of no-confidence in the director of immigration and customs enforcement and the assistant

director of ice detention policy and planning. that was just last june. they found "senior vice leadership dedicates more time to campaigning for immigration reform in at large scale amnesty legislation than advising the american public and federal lawmakers on the severity of the illegal immigration problem, the need for more manpower and resources within i east -- ice." they say they are currently overwhelmed with a massive criminal illegal alien problem in the united states. they go on to say -- this was in 2010 -- "ice is misleading the american public in regards to the effectiveness of criminal enforcement programs like this secure community programs and using it as a selling point to move forward on amnesty-related legislation." this is their statement. in june of this year they report in this release "union leaders

say that sends the no- confidence vote was released, problems with an agency had increased." citing the latest discretion every memo as one example. "any american concerned about immigration needs to brace themselves for what is coming." said the president of the national ice council that represents 7000. it goes on to say that this is just one of the many policies that is stopping the enforcement of u.s. immigration law in the united states.

unable to pass the immigration law agenda -- agenda it is implementing it through agency policies. it goes on to note that while immigrants rights groups and others were involved in this policy, no input in these policies was received from the agency and its employees, which is one of the previous complaints they have had. first, are you concerned about this? for two years now it appears that the representative group for these officers have voted no confidence in your leadership. to what extent have you confronted this question, met with them, examined the charges that have been made and made a formal response to them?

>> let me, if i might, senator -- i, like you, have worked as a prosecutor for many years, particularly in border and immigration matters. i believe the priorities we have said is enhancing morale amongst our troops. i think results matter. and the results are really incontrovertible now. removing war criminals from the united states than at any prior time -- removing more criminals.

with respect to priorities that have been set, when you actually read what director more news sent to his troops he refers in that document to a number of prior memos by prior directors that were in his or similar positions back in the old ins days, and the priorities that are very similar historical. that is because they make common sense and they reflect a reality that we have never had an offer resources to remove everyone who is in the country illegally. and so, you've got to have priorities and give guidance to the field across the country about what the priorities are. >> i am just focusing mainly on the problems within the department. i am told by leaders of ice officers that morale is very

low. they believe the new standards calling on them to consider a dream act-type issues in determining whether or not the person they have detained ought to be released not, whether they've got a high-school diploma, whether or not they might be a witness to a crime, that these are very confusing directives and it makes it more difficult for them to act effectively to apprehend people. i is seed that you are looking very disdainful -- i see that you are looking very disdainful. i am saying these are people on the front lines. you have not been out there having to deal with the arrests every day. >> let the secretary answer the question. >> i say from me as a person who worked with federal agents for years, when you hear this kind of comment and a vote of no- confidence -- i have never heard of that -- you should be paying real attention to them and not rolling your eyes at this. >> i am not rolling my eyes. what i am suggesting is that results matter here and priorities really matter >> i am not rolling my eyes. what i am suggesting is that results matter here and priorities really matter and that r