Obviously the court in d. C. Issued an injunction, which i know that youre complying with. But the problem is the bonds have been set so high. If youre from Central America being held in prison for six, seven, eight months with your children, you dont have 10,000 to get out. Are we taking a look at alternatives to detention for people whose cases, whose credible fear findings have already been made . We certainly are looking at alternatives for detention, as you well may know. We have quite a few families on the att program. Its essentially release but with some increased supervision. And we have enjoyed some success with the program. I will say every decision that our officers make, and they use their best judgment, theyre trained. Theyre seasoned. To try to determine what the appropriate bond is once they say, okay, you should be released. But we need some well, i would like to follow up with you. Were hearing something quite different and you know, well get to the bottom of it off calendar. I would like to use the i would like to use the remainder of my time to let you answer mr. Smiths question about who youre releasing and the other circumstances required for you to release. As i say, the congress, not this particular congress, but the congress has laid forth due process for any individual, whether theyve come into our country illegally or not, with respect to the claims for relief from deportation. So often they go through the proceedings and we comply with those requirements. The considerations, the statute and the regulations themselves contemplate, contemplate the release of criminals, because it says, as one of the factors to consider in determining is the persons criminal history. How long ago was it . What was the severity of it . How extensive is it . Those kinds of considerations. So even the congress has contemplated that some people were released, and its certainly part of it. Time of the gentlewoman has expired. If i may just have 30 seconds additional. Without objection. If a judge orders the individual release, you comply with that order . I do. Thank you, mr. Chairman. I yield back. The chair recognizes the gentleman from ohio, mr. Chabot, for five minutes. Thank you, mr. Chairman. Thank you, madame director for being here this morning. Ice released, as identify heard before, over 36,000 criminal aliens in 2013 and nearly 31,000 in 2014. Many of us are really shocked and consider this to be quite an appalling policy. You mentioned one of the new policies addressing this problem is a, quote, senior manager review of a discretionary release of decisions for criminals convicted of violence. Unquote. How is this an improvement . Instead of allowing people in the field to make decisions. You have a bureaucratic headquarters, and lets face it. Often times the folks out in the field are already micro managed by folks at the headquarters on decisions that agents often times have to make in the field when theyre facing a situation, which its hard to know back at headquarters what theyre actually dealing with out there in real life situations. And then ultimately approving the release of a violent criminal alien. Shouldnt the policy response to ice releasing violent criminal aliens be not to release violent criminal aliens . I have mentioned the due process requirements talked about earlier. But sir, the policy i initiated is a response to this committee and every member of congress, i believe, to the release of criminal aliens. I myself have a concern. Are we making the proper decisions. Do we have a process in place to review those decisions . And thats what i exactly announced back last month in march. You will have a local supervisor, including the Field Office Director, the top person in the field, reviewing the decision. You will also have a group a small group of very well seasoned managers who will review the decisions. I want to be sure that the process is followed to ensure that we are not putting were not institutionally putting dangerous criminals on the street. So thats why ive asked for the additional review to satisfy myself and you all. To the extend possible, i would encourage you to allow the experienced men and women that are actually on the streets and dealing with these life and death decisions to make those decisions, if at all possible. Let me move onto another area. While i appreciate the use of new technologies are potentially useful Law Enforcement tools, i do have some concerns with the department of homeland securitys recent announcement that its offering up a contract for companies to monitor peoples license plates. In particular im concerned the Government Programs that capture images and collect data of innocent americans raises a serious privacy concerns. Just a year ago your agency canceled similar plans to a National License plate tracking system. Your agencys more recent request comes at a time when your agency has failed to enforce current laws that has resulted in an 18 decrease in criminal alien removals and the release of over 36,000 criminals, as weve already discussed to some degree. Why are we to believe that your agency will properly use this new license plate data and technology, when your agency has a track record of not enforcing u. S. Immigration laws, and the collection of a persons location while in public and collected over time is Sensitive Information and should be treated as such. What assurances can you give that the personal information for the most part innocent people, because thats who will usually be attracted. People that have done nothing wrong, that are citizens. How can we ensure their rights are protected and their Civil Liberties maintained . Obviously thats a great concern to the American Public and myself, sir, given recent revelations. That is the very reason i wasnt here at the time. The decision was made to withdraw the bid. But its my understanding thats the very reason it was withdrawn, so they can make sure there was Safety Measures in place, that the information is handled properly. That privacy concerns be paramount. As an assistant United States attorney prosecuting attorneys agent, from all federal agencies, the more information you have with respect to a person in the middle of an investigation, not the innocence, but in the middle of the investigation, its helpful to the investigation to have that. So were going to be balancing the investigative utility as well as the privacy concerns of individuals. Thank you. My time is about to expire. Let me conclude by stating theres a lot of skepticism about the way the law is being enforced and the way its not being enforced by this administration, and we certainly hope the administration will reconsider the way its been enforcing the law, i yield back. The chair recognizes the gentlewoman from texas, miss jackson lee, for five minutes. Thank you very much to this the ranking member, mrs. Saldana, for your leadership to the nation and for being an outstanding texas. Were all very proud of you. Delighted to see you standing sitting before us today and know that you bring a sense of knowledge and passion to this position. He me indicate my appreciation for ice. I have worked with them over the years, if i might say, and find them to be commendable and to be concerned about the security of this nation. I think that is very important. You will find as you come to congress that there are, the First Amendment rights of members allow them to have different perspectives and views, and also representing their constituents. And that is what this house represents, this committee represents and democracy represents. But we also have an order of three branches of government and the responsibilities of the president and your responsibility in compliance with the guidelines of the administration. And so my first question to you is do you accept the concept of prosecutorial discretion . Your mic, please. I do. And i have for the last several years as an assistant United States attorney and u. S. Attorney, its vital. I do know there were aspects of the proposed executive action that my department opined about and carefully studded and they made recommendations regarding parts of it that were not appropriate ultimately and parts that were. And so, as i said earlier, i could not, as a United States attorney enforce every law in the books. It makes total sense. It is rational to say we need to focus our resources. Thank you. My time is short, so im going to have to go on. With that premise, then, i think it should be very clear that the present Court Proceedings deal with the president s executive actions, is that your understanding . The ones in south texas have to do with dapa and doca. That is correct. So they do not deal with the overall order or action regarding the the use of prosecutorial discretion that ice can utilize. Thats true. And i made that very clear to the field. I think thats a very important point. I asked that you make that point over and over again. I would like to read into the record priority one under the humane enforcement policy deals with terrorists, National Security threats, persons apprehended at the border for enumerated felons. Priority two would be persons convicted of three or more misdemeanors other than traffic offenses predicated on immigration status. Im reading very quickly. And priority three would be persons issued a final order removal after january 1st, 2014. Does that give comply with the sense that you have . Absolutely. So let me ask these two questions. First of all, i had a gentleman that was not an enforcement priority. Yet he was detained in october 2014 and removed to honduras in february 2015. He lived in houston. He had lived here since 2005. He had a voluntary return in 2005 to honduras but came back. He was here. He had no deportation order, to my understanding. He was driven by his wife. When a car was pulled over, put into custody. He was married to a u. S. Permanent resident. Has a u. S. Citizen stepchild, but he was deported. I think there is a disconnect between here in washington and the appropriate procedures that our ice officers need to use. Tell me what youre doing to make sure that they are fully educated. The second question, can you tell me what youre doing to ensure the the Detention Centers, are hospitable and humane to our families and children . And i would appreciate your answers on those questions. Yes, let me start with the latter. I personally went to visit the facility outside of san antonio in texas. Have not made it to the others yet, but i intend to. I observed for myself, and thats the only way i satisfy myself, that things are as they should be. That our requirements and Safety Measures and humane treatment of folks are satisfied there. With respect to fully educating and mr. Alberados case. But go ahead. And i cannot comment on a specific case. Youre staff can take it then. I continue to meet personally with Field Office Directors to make sure that these priorities are being enforced equally and properly. And by the way on our website, we do have a complaint process, that if somebody has, even a detainee, has some concern, that they have a process to go through, even up to i dont encourage this every day, but with respect to concerns they cant be satisfied, they start locally and work themselves up. Lawyers can then adhere to the fact that the discretion prosecutorial discretion does exist and they can raise this with the ice officers for their clients . Yes, thats correct. Ive met with the chief counsel to make that clear. I yield back. I thank the gentle lady for her service to the nation. Chair recognizes mr. Forbes for five minutes. As my colleague mr. Gowdy said, we told you in highest esteem. This Committee Works a lot on policy and trying to get policy correct. So let me ask you this question. If i have an individual speed on our highways, should they be apprehended and charged differently if they have lived in the country longer than someone else, or if they go to school here, or if they have a job, or if they are pregnant, or if they have a Serious Health problem . Should they be treated differently . No. Should they be apprehended and charged the same whether they have one of those conditions or not . That should not be a distinction with respect to an officer pursuing he should charge and apprehend them the same way . Recognizing their discretion. Police officers have discretion whether to give a ticket or not. Do they have the discretion based on whether or not someone is pregnant to give them a ticket or not . Should they not give a ticket no one should be treated differently. No one should be treated differently. And is that a basic theory of law . Yes, we try to be very fair, sir. Then tell me why that is different when you would suggest that you have prosecutorial discretion, that i could enter a blanket order or regulation that would say that anyone who was in the country longer or went to school here or had a job or pregnant or had a Serious Health problem would be treated differently if they were speeding on a highway . And i think you would object to that but let me go to another point. We had testimony before this committee that, as in some of our violent criminal gangs, as many as 85 of the members are here illegally. Would you agree that if someone was here illegally in this country, and they were a member of a violent criminal gang, that they should be apprehended and deported . Yes, sir, and thats actually part of priority one. So you would agree with that. Then with all of the individuals, the criminal aliens that were released in 2013 and 2014, can you tell me how many of those were members of violent criminal gangs or members of criminal gangs at all . I cant off the top of my head. Do you have that record . Do you have that information . I am not sure, sir. But i will but youre just telling me as the director of ice that it is a priority to get violent criminal gang members out of the country. That is one of your Top Priorities. And yet youre telling me you dont even know if we have records of how many released or did not release. There may be a way to do it manually, sir. Thats not what im asking, madame director. Youre coming in today telling us one of the Top Priorities you have is getting criminal gang members out of the country who are here illegally. Thats correct. But yet you cant even tell this committee that you have the data to tell how many of them you released back i cant give you that number. I suspect manually one can make that search and give you that. But you dont know whether you can do it. Off the top of my head, i cant tell you what the number is, sir. Madame director, im not ask you for the number. Im asking do you have any way of telling which of the individuals you released in 2013, 2014, or youre releasing currently are members of criminal gangs . I believe so. But it may require a manual search and a little time to come up with that number. But right now you cant testify before this committee that as the director of ice you know whether you have a process of determining the criminal gang members that are being released by ice back into the streets of the United States of america . I believe that is the case, except i believe it would require a manual search. We dont necessarily have that. If you did the manual search, what would you search . How would you find the files. The files wouldnt necessarily be convicted if i may finish my answer. Sure, please. The files, we refer to them as an afile. That has all the immigration information of a particular undocumented alien. But youre looking back at a criminal record that may not show that they were convicted under a being a criminal gang member. Do you have anything where youre asking the criminal aliens before theyre released if they were members of criminal gang . We dont just rely on the answer of a particular undocumented immigrant. But you ask . We may ask. And we will rely on our investigative resources to find that out, sir. Its not just accepting the word of a person. Can you tell this committee that you are at least asking . Again, i cant tell you in every case. Madame director, my time is up. It bothers me tremendously when as the director ofitis, you come in here and tell us one of your number one priorities you basically dont have a clue whether you can do it, are doing, and thats something that frightens all of us. I believe i answered otherwise, sir. I think the record will show differently. Mr. Chairman, i yield back. Chair thanks the gentleman. Recognizes the gentleman from georgia, mr. Johnson, for five minutes. Thank you. Maam, the kearns county Residential Center is actually a privately run for profit Detention Center, is that correct . I believe so. So its the Detention Center, not the Residential Center, which sounds a whole lot nicer. But its accused of being a place where countless women have been raped by male guards. Are you aware of the reports . Im aware of the allegations. And also as a Residential Center, families are held in detention, and when i say families, i basically mean women and their minor children, thats whos housed there, correct . Yes. I would like to ill let you come back in a second. When a mother is put in a medical isolation room, the child or her children are assigned to that room with her. Isnt that a fact . Are you talking about a particular case . Im not aware of that. Generally when a woman is assigned to a medical isolation room, her child would be assigned to that room. As per the reports, ill put into the record at this point, the mothers and children allegedly locked in a dark room for protesting detention conditions, and also thats a think progress article. And also for the record, i would like to tender a New York TimesMagazine Article entitled a federal judge and a Hunger Strike take on the governments detention facility. Without objection. And youre aware of those reports of the Hunger Strike and th