Add the department of homeland security, i. C. E. Has no smaller mission, no smaller mission than the National SecurityBorder Security and Public Safety of our citizens. Like any Law Enforcement agency, we deal with serious and difficult matters every day. In the area of immigration, recent estimates are that there are about 11. 2 million Illegal Immigrants in the country. There are approximately 2 million, 2 million undocumented immigrants who are involved in some form or fashion in i. C. E. s administrative process. There are about half a million, 500 thon of those, who are part of active cases in the immigration court. I. C. E. Detention program booked in approximately 300,000 individuals last fiscal year. As you know, we have been funding at the 34,000 bed level for the last couple years. You, the congress, have not only provided the funds to carry out our responsibilities for which were very grateful, but you have also set forth the framework to execute those responsibilities. And its all right here in the immigration and nationalization act. You tell us who we are required as a mandatory matter to detain and you tell us who we exercise our ability to release someone and not detain, make a decision about not detaining or barring for that matter. Given the numbers i have just cited, obviously, a very small percentage of individuals are detained while an immigration judge under the system that you the congress has provided are detained while that judge makes a decision in their removal proceeding. I am deeply mindful that this is not simply a discussion of statistics capacity, policies, or procedures. There are families whose lives are personally effected by thesestitithese decisions. As a human being and a mother, never mind my prosecutorial experience, i feel very strongly any time someone is injured or murdered or killed, otherwise killed by any person. And certainly those within the immigration system. I know that the women and men of i. C. E. Were tirelessly to enforce the law and protect the public, and they steadfastly bear the enormous responsibility they are charged with. When the chairman respectfully, sir, says we just decided that it would be nice to let them out on the streets and, quote, we chose not to detain people, that is misleading the public and particularly these victims about the immigration situation and the entire picture. I think this committee well knows that this year, over two thirds, over two thirds of the criminal, something i wish you had pointed out, two thirds of the criminal releases were as a result of the Supreme Court telling us we had to release someone, wasnt i. C. E. Choosing to do so, and another portion of the court otherwise telling us that we had to release the immigration courts, who have overall supervisory responsibility over this system. So to sit there and say that the proud women and men of Law Enforcement and i. C. E. Are choosing to release criminals is absolutely unforgivable. Im very proud of representing those men and women. Many of them are former police officers, Sheriffs Department members and they do not go around trying to put criminals on the streets. So i want the record to be clear and i want the victims families to know exactly what i. C. E. Is facing and i want them to have an accurate picture of that. So, when i. C. E. Makes a custody determination upon an alien with a criminal conviction, we act in accordance with the law. A law that you have given us. We are committed to carefully reviews the circumstances of each case, to insure we made prudent decisions and to use the tools at our disposal, including supervision and conditions of release. Further, we include in our data set things over which we have no control when somebody is claiming to be a citizen or lpr, there are additional requirements on us. This is a very complex law, and every time or virtually every time i have been before a committee, i have begged, i have asked, work with i. C. E. , work with me, work with the secretary, for comprehensive immigration reform. We cant kick this down the road or after an election. We need to fix this. And i am i implore you to help us. So this issue has been of great importance as director of the agency about a year and a half ago. In march of last year, i set up a system i think i have testified about to this agency, to look, review every criminal release that there is. We have a panel that i have actually visited with. Im in the process right now, like i do with any policy, of revisiting the policy to see how effective its been over the last year. Because we started in march, and to see what we can do better in that regard. I am willing to learn and i do listen. So as youre aware, were proud of the fact, and i think it is a result in part of this panel, of going from 36,000 releases in 2013 to in 2015 a little over 19,700. So you know, i want to be sure its clear that while two thirds of the criminal releases in 2013 and 2014 were characterized even here as resulting from i. C. E. Determinations, that ratio actually is reversed in 2015, and as i said earlier, we have about two thirds of our criminal releases being required of us by courts. And with respect to what congressman cummings pointed out, and that is the recalcitrant countries and getting people to take back their criminals, this world is a chaotic world. We have countries with great instability, countries that have suffered a tremendous, even natural disasters like haiti, and are in her moturmoil, and t to deal with them is very hard, but im working with the department of state, this afternoon, im meeting with michelle bond to talk more about what more we can do with respect to recalcitrant countries. Im glad to do that. Let me conclude by saying having heard directly from families over the last 11 years, the victims of crime who suffered tremendous loss, i personally remain committed, mr. Chairman, i personally remain committed to implementing i. C. E. s priorities in a smart and strategic manner and to safeguard our communities and maximize the agencys success. I thank you for the opportunity to address the group, and i wait for your questions. Thank you. Ill now recognize myself for five minutes. The numbers you gave us just in the last two days discretionary releases by i. C. E. Were 54 . The total is 46,422. The rulings you said were two thirds of the reason, and yet the numbers you gave us show that its less than 10 . Your microphone, please. I dont know which numbers youre looking at. Youre the one who said two thirds of the reason you release people is based on the Supreme Court decisions. The numbers you gave us just two days ago show that number is less than 10 . The numbers we gave you were for 2015. We have 2015, 2014, and 2013. Lets focus right now on 2015 as an example, although we can do each year if you would like. 19,723, there was 19,723 criminal releases. Let me ask you another way. No. No, no, no. Its a question that more than that has happened. No they were the duvive edreleases. And the immigration courts were 52 . Okay, we will hash out the numbers with your own numbers, but what is unacceptable is even one discretionary. Why do you even release one . Why do you even release one person . Because of the statute that congress has given us. No, its not. Its discretionary on your part. You took more than 100 million and let it go to other purposes outside of the immigration Customs Enforcement. Youre not maximizing the amount of money that you want in order to get the beds that is mandated under the law, and you have asked for 185 million less for detention and transportation. Yet youre not going to be convincing us that youre dedicated to removing these criminal aliens. If i may answer your question. Well, yes. Go. You have said here only a certain number of convictions even, theyre primarily convictions, offenses with convictions, are subject to mandatory detention. The rest this is where youre totally wrong. You have somebody who commits homicide, yes, we want them deported. Thats the law. Then put it in the statute, sir, because in the statute, they say if they do not commit one of those offenses that are specifically enumerated including aggravated felonies then these people are not subject to mandatory detention, which you specifically outlined here. When i say you, i mean the congress. The rest, you say okay, i. C. E. , you will then make a determination based on what the judges, federal judges of this country make every day, and that is based on flight risk and harm to Public Safety or potential harm to Public Safety, you will decide which ones can be released. Theres a whole list of categories that are harm to Public Safety including homicide that you went ahead and released anyway. That law is crystal clear. You are making these discretionary choices in releasing these people out into the public, and theyre committing more crimes. And i dont understand why you dont deport them. Use as an excuse these countries that wont accept them. Based on section 243d of the immigration nationality act, how many times have you recommended to the state department in writing that the that these countries are according to the law, on being notified by the attorney general that the government of the foreign country denies or unreasonably delays accepting an alien, and then it goes on, that the secretary shall order the counselor officers in the foreign country to discontinue granting visas or nonimmigrant visas. How many times have you made that recommendation to the attorney general or the state department . I dont have the precise number. Have you ever . Yes, we have, sir. Which countries have you recommended . I cant tell you off the top of my head. When will you get my the information . Within a week. Youll give me, to make sure were on the same page, the letters you have given either to the Attorney Generals Office or the state Department Regarding the problems that youre having with the and the recommends youre making about the countries that will not accept these aliens . Yes, and you understand that i have to talk to department of state about that because some of these are sensitive areas that i believe we can talk about this further in chambers, sir, but i believe you were going to talk about it in the public. I want to know which countries because you know what, they shouldnt be getting federal aid and we shouldnt give them visas so more people from that country can go to the United States. I dont know what you think is so sensitive to that, but i want you to prioritize americans rather than the other countries. I want to know that the citizens of our states are your number one priority, and put it out in the public. Lets know and understand which countries are not taking back the criminals who came here illegally and should be deported back to their country. Let me remind you sir that the department of state is the one that issues visa, withholds aid. Thats not what we do. I know you have a memorandum of understanding with the department of state where we say were going to recommend to you certainly states, but we have it in a step by step procedure because this is a complicated world, i think you all understand, and we have to look at each country separately. Syria and iraq, thats a pretty you think thats your job to return those immigrants to those countries. You really think syria and iraq is your job and your responsibility to make that determination . Heres what the law says, and im quoting. On being notified by the attorney general that the government of a foreign country denies or unreasonably delays accepting an alien who is a citizen subject National Resident of the country after the attorney general asks whether the government will accept the alien under the section, the secretary shall, and so if you go to the first part shall what . Order consular officers in the country to discontinue granted immigrant visas or nonimmigrant visas or both until the attorney general notifies the secretary the country has accepted the aliens. What is incumbent upon you personally in your duty and responsibility is to make that notification. If youre trying to take even just one alien and deport them back to a country, these are criminal aliens. Remember, the ones who committed crimes and were convicted of crimes. If youre trying to deport even one of those and the country wont take them back, you need to give that notification to the state department. And the state department makes the decision. Lets be clear. No, theres no decision because under the statute, it says the secretary shall. So it starts with you. If you dont give them that notification. It doesnt work. My time has expired. I want to have within a weeks time all of those letters since you have been in office that you have sent to the state department and or attorney general telling them where theres a problem. I dont want to hear about this excuse any further. Ill recognize the gentleman from maryland. Let me take up where the chairman left off. When that letter goes to the state department, what happens then . Who makes the decision at that point . What happens . Theres a leadership group, the Counselor Affairs secretary michelle bond is the person i have been dealing with. She makes a recommendation to the secretary of the depart of state, and they look at the whole picture with respect to that country and make a decision and notify us. Then that is the decision . Yes, sir. So you cant change that . I. C. E. Is not in the business of issues visas. Let me i want to make sure we put all this in some kind of context because remember what i said in my opening statement. About reform and trying to find solutions. And we have these families here who have suffered greatly. And by the way, i hope that, i know you may be leaving after your testimony, as is usual im staying. Good, good, because i want you to hear from them. I think they want you to hear their pain, and again, they come a good distance. And i thank you very much for doing that. And i offer to both families, the roots and mrs. Heartling to meet with them personally. Thank you very much. We need to eliminate any misperception of immigrants as a group are more likely to be criminals or commit acts of violence. Lets start with the likelihood of landing in jail. Census data from 1980, 1990, 2000, 2010, found incarceration rates for native born, essentially u. S. Citizens, were 2 to 5 times higher than that of immigrants. Were you aware of that fact . Yes. The fact contradicts the misconception that immigrants are inherently predisposed to be criminals, would you agree with that . Yes. So studies have widely shown that recidivism rates for immigrant criminals is lower than for the general population. Is that right . Yes, sir. For example, based on the data submitted by i. C. E. For fiscal year 2014, less than 5 of the immigrant criminals committed new crimes after release compared to more than 20 of all criminals across 30 United States, u. S. States. You understand that . That sounds right. I looked at the studied by the department of justice and the statist statistics. Given this information, do you believe its fair to say that a persons immigration status does not indication the likelihood that theyll commit a crime. Yes. I have to tell you if i were the family of a victim, i would say, well, cummings, i really am not interested in hearing that, because i suffered a loss. That will never be replaced. But im trying to just put all of this in some kind of context because i think if we look at the total picture and we have a better chance of coming up with the solution that truly addressed the problem. Now, i would like to discuss the cases in which i. C. E. Has discretion. And the chairman, i think he was absolutely right to address that. I. C. E. Has explained in the past that some criminal immigrant detainees are released after posting bond, set by career i. C. E. Law enforcement officers. Can you please tell us again why not simply deport all criminal alien detainees you have the discretion to deport . And is it a question of resources . Its not so much a question of resources, sir, as it is the statute. Congress in its wisdom gave people who were found in the country and determined initially to be in the country illegally, a very complex set of rights and ability to appeal and to have their cases heard by immigration courts. Let me just make this really clear. We cannot we would be violating the statutes, which i think no one here wants me to do, we cannot deport somebody without a final order of removal from a court. I. C. E. Doesnt deport people on its own motion. It has to have an order from the court. And obviously, weve got to have the ability to put that person in the country of their origin. I. C. E. Has reported having the resources to deport only about 4 of the 11 million undocumented immigrants. Is that right . Thats right. And in fact, i think you all have seen the studies that indicate if we try to deport 11. 2 Million People, it would cost anywhere from 650 billion, 650 billion to 750 billion. So i. C. E. Also explained the discretionary releases typically occur when the individuals are associated with less serious offenses, based on your experience as a prosecutor, and i have you were a former u. S. Attorney . Yes, sir. I have tremendous respect for our u. S. Attorneys. Why is it important for Law Enforcement agencies in general to have the discretion to release individuals . What is that about . Well, again, its important for us because we have to manage the money that this congress has given us. But i want to repeat, the bond procedures, the decision to detain, are all, or not detain, are all outlined in here. We must look at flight risk, threat to Public Safety, when we make those decisions, but you have given us that authority. And its important for us because we have got to manage the number of beds we have and obviously, the entire fund that you have given us in order to remove bepeople from the countr. I only have a empty left on my time. I understand these determinations are based on risk evaluations, given consideration to age, physician and mental health, risk of harm to safety, and mandatory detention factors apply. Director, can you please sman why its important these evaluations are conducted on a casebycase basis, and then knowing what you know, and hearing what you know youre going to hear, i want you to tell us things that we could do as congress folk to help you do the job that youre trying to do. Okay. If i may start with the last part of that question first. I would love to sit