Transcripts For CSPAN Immigration Services Oversight 2014080

CSPAN Immigration Services Oversight August 3, 2014

Thank you. [captioning performed by national captioning institute] [captions Copyright National cable satellite corp. 2014] today, ron paul has written more than a dozen books on politics and history with his the school resolution. As they are in recess. Monday 8 30 p. M. And covering book fairs from across the country. On tuesday, leon rodriguez survived before the House Judiciary Committee. Benefitsses immigration , immigrant children in the deferred action for high school rival programs. This is about one hour 20 minute a we welcome everyone to oversight of the Immigration Services. Will recognize myself for an opening statement. Welcome to the House Judiciary Committee. Time. This is your first this comes at a time when americans are feeling the repercussions of the Immigration Crisis on this out the u. S. Border. Tookresident obama seriously his duties to secure the u. S. Order there would be no such prices. U. S. Customs and Border Protection is the Agency Getting most of the attention during the southwest border crisis. Theres no doubt that policies are a major source of the problem. Forcies for deferred action and even highvals asylum great rates i the officers. For themajor reason influx of Illegal Immigrants to the United States. Officers. Daca is a major reason for the influx of Illegal Immigrants to the United States. And discussion of the program is pertinent since uscis recently announced the renewal of an initial tough of twoyear grants of daca will be process. Ed. Uscis made changes to the original daca guidelines and requirements including gutting the education requirements. I previously expressed concern about the lack of any Constitutional Authority to implement daca. The cost of the program increased weight times for illegal immigration from daca processing and fraud in the program. Fraud is of paramount concern since an immigration system subject to rampant fraud is a National Security risk. So i was particularly astounded in may when the uscis added question and answer number 21 to its existing daca guidance. Its an absolute invitation for fraud in which the uscis virtually admits it will not verify the validity of documents as evidenced by daca eligibility. I understand when uscis leadership was asked about question 21, Congressional Staff members were assured that, quote, generally, the majority of documents received are valid, end quote. But forgive me if such an assurance is not comforting, especially now that uscis is broadcasting its lack of attention to even attempt validation. The uscia processes over six million applications per year. I understand the magnitude of that responsibility and the enormous volume of work should make antifraud measures all the more important. Unfortuna unfortunately, what weve been hearing for years from sources at uscis and even the uscis union is the existence of culture getting to question. Yes. Unrelentless adjudicators who are routinely overwithin that they deny applications or petitions. There are documented instances of employees at leadership at uscis taking control of applications or petitions that have been brought to their attention by immigration lawyers or other outside forces. And i understand that there are ongoing investigations of such illegitimate interference in the adjudication process. The very notion that an application can be approved, despite fraud on the part of the applicant, and that uscis leadership will intervene if they get a call or email from an outside Party Interested in a certain visa application is disturbing, to say the least. We know that the president has promised more administrative action to allow unlawful immigrants to remain in the United States and receive quasilegal status and the right to work. In fact, some of the different tactics he may try to take were even outlined in a set of 2010 leaked uscis memos regarding administrative alternatives to comprehensive Immigration Reform and immigration administrative relief options. However, lets be clear. Such policies of this administration including many implemented at uscis, as well as promises about future administrative legal administrations continue to encourage unlawful immigrant parents to smuggle their children into the United States. These policies are putting money directly into the pockets of human smuggling and drug cartels. And theyre undermining the fundamental principles that congress creates the laws and the president is bound to enforce them. Im interested in hearing how under director rodriguezs leadership the uscis will no longer contribute to this state of affairs and i look forward to the directors testimony. Its now my pleasure to recognize the Ranking Member of the committee, mr. Conyers for his statement. Thank you chairman goodlatte and members of the committee. In a nutshell, the United States citizenship and Immigration Service services are vital in examining the young people that are coming across our southern border. And i want to suggest that before we leave for five weeks that we try to ease the deportation of children and appropriate emergency funds. Bus we have too few judges, too few asylum offices. We have 243 immigration judges. For 375,000 cases. Were talking about a more than fouryear backlog, my colleagues. And, so, youngsters with valid claim should have a speedier way to have that determined. Now, more those without valid claims, im sorry to say, should be sent back. But that determination is what democracy is all about. And its our responsibility. To be careful in how we do this. I know the strong feelings about these youngsters pouring over here. But the question is how do we dispose of it consistent with democratic principles that will guide us. And nowhere should this be more keenly felt than the House Judiciary Committee itself. So, we must determine even though there may be violence, persecution, trafficking. Were at a recess, and we still dont know. Throughout this session of congress, there have been too many of us that have had but one theme. The president isnt enforcing immigration law. And this is a myth. A myth that has been debunked in hearing after hearing where we have heard about recordbreaking detentions, removals and prosecutions. Still, the majority is not persuaded by facts and continue to blame the president for their inaction on Immigration Reform. Many of them have argued that the president s use of prosecutorial discretion is unconstitutional. And they should be removing young people seek the opportunity, if they qualify to live, work and study in the United States. They said that our laws protecting people fleeing prosecution and torture in their home countries should be rolled back and more of them should be detained for longer periods of time. And most recently, some is have used a humanitarian crisis affecting women and Young Children in Central America to say that we cant fix our broken immigration system and provide relief to millions of undocumented americans living within our borders. And that begins right in this important committee. So, today, lets listen carefully. Over a year ago, the United States Senate Passed a comprehensive reform bill allowing millions of individuals to apply for earned legal status. The House Majority has refused to bring the bill, or its companion bill, h. R. 15 for a vote. The Congressional Budget Office tells us that we would reduce our deficit by 900 billion over 20 years through these proposals. And so this refusal to bring a bill to the floor, despite the fact that an overwhelming majority of americans support comprehensive Immigration Reform is something that i feel very badly about. If such a bill were brought to the floor, im confident that it would pass, even the house of representatives in the 113th congress. And unfortunately, im beginning to think that the only immigration bill that we might ever see in this congress will be a bill to strip protections that all of us unanimously agreed to extend to child victims of trafficking, persecution and torture and abuse. And i dont feel or believe that merely i feel that we can do better than this. We were sent here to solve problems that demand action on comprehensive Immigration Reform. And so i urge my colleagues, majority and minority, in the house to end the delay and to start acting. And i join the chairman in welcoming our distinguished witness. And i yield back the balance of my time. Thank you. Thank you, Ranking Member. Its my understanding that the Ranking Member of the immigration subcommittee would like to make an opening statement. Ordinarily, we could ask at this time that members put their statements in the record. However, noting her request and noting that the chairman of the subcommittee is not present, the chair will turn to the gentleman from utah, mr. Chavets for an opening statement. The gentleman from utah, mr. Chaffetz recognized for his opening statement. I thank the chairman. This is obviously a vital issue to the United States and it is something that is exploding on our borders and exploding in this country. As somebody who represents good hardworking americans who are doing the right thing. Theyre paying their taxes, theyre working hard, theyre trying to take care of their kids. They may be an individual who has just graduated trying to get their feet on the ground. Theres a whole other wave of people coming here. I happen to believe, mr. Chairman, there is a proper place for asylum, for those people who are truly in harms way whose life is in danger. This is a country whos had open arms but were being taken advantage of and by great numbers. The flow coming across our border is absolutely unbelievable. By every metric, every account, everything ive seen, people who are coming here and trying to take advantage of the United States of america and our generosity are overwhelming the system and the consequences, we have people who are legally and lawfully trying to come to this country, weve been ignoring those people. The people who are legally and lawfully getting in line, doing it the right way, trying to come in in the front door, what about those people . Because the resources that weve had to take for people who arent willing to play by the rules have put a huge strain on the system. Thats why i think this hearing today is so vital today. We have to address some very important topics. Those people that are coming across and claiming asylum. And theyre not just coming from one or two countries. When i went and visited the border and i went to the detent center in phoenix, there were representatives from 60 countries trying to come across the border. They were overwhelming the district. When i visited the phoenix i. C. E. Office and whats going on in the system, you had people literally knocking on the door saying please arrest me because i want to get in the system. And the system generally works like this. You come in, you make your claim. Youre going to get some sort of court date. Now in phoenix, when i was there, what they told me in 2013, you would get a court date in 2020. In the meantime, what are you going to do . Youre going to say, because my court date is so far in the future, i need to be able to work. And then we grant these people a work permit. So, now, they get free education, free health care, and they have a work permit to compete against somebody who is legally, lawfully here. Whether theyre on a green card or maybe theyre maybe a United States citizen, competing for those jobs. Again, we can be compassionate. But the reality is, president obama and this administration has created a magnet. And the magnet says this, come step foot in the United States of america and nothings going to happen to you. Theres not going to be a consequence to this. Its unfair. Its not right. The president owns this issue. The president has created this situation. Theres a reason why, particularly the unaccompanied minors are flowing across the border. Because they dont feel like anythings going to happen to them. Were going to take care of them. Were going to actually oh, well go ahead and take you. Then well pass you off to somebody else. If you had a note in your pocket, well pass you off to somebody else, do we do any background checks on who were passing these minors to . No, we dont. Do we check the legal status of the person were handing them off to . No, this administration doesnt do that. Its fund mentally to its core wrong. And a key part of this system is what the United States citizenship and Immigration Service does along with this process. Weve got a lot of good men and women. Patriotic, working hard, trying to do the right thing for their country. But i worry about the direction that theyre giving. The direction that theyre being given by their management. And i worry what this administration is telling them to do. Or not to do. And thats a deep concern. So, mr. Chairman, i appreciate you holding this hearing. A lot of members have good questions. I look forward to hearing. And i yield back. Chair thanks the chairman and welcome miss lofgren for the opening statement. Thank you. Let me begin by opening the hearing by welcoming him to his new position. I think its fair to say that uscis doesnt get the attention that the rest of the components of dhs do. But its mission is very important. As we know, uscis adjudicates a wide array of immigrant and nonimmigrant petitions. Families hoping to reunite. Businesses searching for talent. Persons fleeing torture, all to become american citizens all go through your agency and its critically important to our country that your agency perform well. Its also important to point out that the uscis is responsible for all of these important activities without taxpayer money. Its entirely feedriven except for a minor amount used for everify. All of the applicants pay for the services that they receive. Our country . I sometimes mention my grandfather who came to the United States in the early 20th century. Got on a boat, got off the boat, and im in Congress Today because he had the courage to want the american dream. The directors own story of his family fleeing turkey and poland to escape antisemitism and to cuba, then fleeing cuba to escape communism. And here he is today part of the rich american fabric. Ive always admired immigrants who have enough get up and go to get up and go. They made our country. We here have inherited that rich history, and were now in a position to help shape the future for those who come after us and its incumbent we preserve that legacy. There are many topics that will be discussed today, but i want to touch on the issue because its already been mentioned about the children, the unaccompanied children who have been apprehended at the southwest border. As we know, these individuals are under law placed in the safe keeping of the department of health and Human Services, but it is uscis, asylum officers who determine whether there is a wellrounded fear of persecution and in the directors written testimony he explains that almost 65 of the asylum applications filed by unaccompanied children that have been adjudicated this fiscal year have been approved. Some argue this somehow means that there is a rubber stamp of these applications or that the asylum system is vulnerable to fraud and abuse. I look at that statistic and think these are Vulnerable Children who are fleeing persecution and extreme violence, and they are thankful that they are receiving the protection to which they are entitled under domestic and international law. I think its worth pointing out that an application for asylum isnt illegal. Thats part of our immigration laws and it has been since after world war ii. Now, children who have been abandoned, abused or neglected and who obtain a state court order can apply to uscis for special immigrant status. The director notes over 3,900 applications for this sij status have been received this fiscal year. Those of us who went to south texas this month know that these applications require a finding by a state court that these children have been abandoned. State court makes that determination thats only then that the uscis will proceed. Now, children who have been victims of severe forms of Human Trafficking are eligible for a tvisa. Its important we maintain and defend this procedure. As mr. Conyers pointed out, we had a nearly unanimous vote in 2008 that put the congress and america on record saying we will fight Human Trafficking and we will make sure that the victims of Human Trafficking are given safe haven in the United States. Much of this discussion in the congress and in the country has overlooked the fact that the wi wilbur force act is about Human Trafficking. If we eliminate the protections in that act what we will be saying is we win countenance the victims of trafficking being returned to their traffickers. I will say this, that we did make an exception for the children from contiguous countries and we have learned much to our sorrow that those exemptions need to be revisited because the

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