The subcommittee to order. And thank all of our witnesses for being with us today. Were eager to hear your contribution to the subject of our concerns, which is visa overstays. Most of the time when we talk about the flaws of our immigration system, we talk about Border Security as being the paramount concern and, for me, it is, obviously coming from texas with a 1200mile common border and notwithstanding the great work being done by Border Patrol, it still remains a vulnerability and we are working hard to come up with some proposals that will help address that. But the one vulnerability that seems to be overlooked is visa overstays, people who enter our country legally and then who overstay their visa and simply melt into the Great American landscape. And as i think about it, while i understand the desire of people coming from other countries, perhaps, to emigrate to the United States because of economic or security conditions, it it is almost the moral offensive to me that people come into our country legally and, in spite of the courtesy and, uh, that we demonstrate to them by allowing them to come in temporarily, they exploit that and take advantage of it and violate our emigration laws. There are a number of reasons why people stay beyond the people of their visa. They may have family in the United States, seeking a better life and economic opportunity. Some are seeking refuge or asylum. And others may, in fact, seek just doing us harm. Whatever the reason, we have to take steps to stem the tide of visa overstays and restore some order out of chaos when it comes to this flaw in our immigration system. Border security, as i indicated, is more than just admitting people to the United States. It starts with identifying the right people before they leave their home country to come to the United States knowing, once they are here, and ensuring that they depart when the terms of their visa expires. I was pleased, continue to be pleased by the news of the apprehensions along the southern border while we have this strange idea that the fewer people that are detained is actually a sign of success, we have i guess a common belief that represents fewer people trying to make it across and, thus, the only indicator we really have. But to me, it is some indication that deterrence actually works. When the message is sent that either people are going to be detained at the border when they come across or otherwise by Law Enforcement if they commit crimes in our country, its clear to me that the president s executive orders and the enforcement policies at the department of Homeland Security and justice are having an impact in der deterrence alone but we havent seen the same drop in visa overstays. Most overstays are banked on the fact no one would even be looking for them because of lax enforce ment and no real network or system to compress sievely identify people who overstay their visa and invite them to return home after the period of their visa expires. So, they can just stay until the United States and until they become eligible for some sort of benefit merely through the passage of time. The two d. H. S. Overstay reports for 2015 and 2016 reveal just how big the problem s. In 2016 alone, more than 700,000 aliens stayed in the United States past their authorized time. 700,000. And while that may seem like a relatively small number compared to the millions of foreign nationals who come to the United States every year, it is still a significant number. The magnitude of the problem cannot be overstated. Those who come to the United States on legal visas but are intent to do harm count on the fact they can easily overstay their visas and blend into the fabric of american society. Thats not forget one of the worst terrorist attacks on u. S. Soil 9 11 carried out by five hijackers, five on visa overstays. Prior administration have not made visa overstay a priority or devoted the necessary resources to get the job done. President trump, secretary kelly and the attorney general have made it clear this will be a priority and for me thats welcome new. But it doesnt end there. Congress has a job to do, as well. We need to eliminate some of the incentives for people to overstay. This includes making it clear in the law if you deliberately overstay your visa, you wont be eligible for any immigration benefit in the future, ever. Finally, we need to have a complete Biometric Exit Program in place. This is something we have been talking about the entire time ive been here in the senate, through the u. S. Visit program. No effective way, to date, of determining when people exit especially if they leave a land port, through land ports of entry but im hoping technology will provide us additional tools to do that. But, we need an effective Biometric Exit Program in place no matter how people come and go, by air, sea, or land ports of entry. I hope to hear today about the progress i. C. E. And others have made in streamlining the systems and better track visa overstays. With that, let me turn to you for opening comments. Experts estimate more than 40 of more than 11 million undocumented immigrants in our country overstay their visas. They came to the United States for a variety of reasons, with visas to visit, to go to school, to work, with the understanding they would stay for a time certain. And they overstayed. One of those i met name teresa lee. She came here on a visitors visa, overstayed and became a first dreamer, a person who inspired me to put in the dream act 16 years ago. She was two years old when she was brought in on a visitors visa. She didnt realize until much later in life her mom didnt file the right papers and she was here illegally. So, there are some culpable, im sure and made a decision they will overstay their visas and see what happens. Many, though, may be innocent and, as we categorize people lets be mindful of the fact there are different people in different circumstances. Recently for the second year in a row the department of Homeland Security estimated the number of visa overstays in the previous year. This report found in fiscal year 2016, last year, more than 739,000 people overstayed their visas in the United States. What this tells us is an obsession with building a big, beautiful wall wont come close to solving our immigration challenges. It doesnt even address the issue of overstays. Hundreds of thousands of people who come to our country legally would still be overstaying their visas. We cant talk about them without considering the reality of teresa lee who i mentioned earlier and many others who came here years ago, made a life, started a family, became pillars of the community. All should not be treated the same as others who seek to deceive the government. A few years ago a group of us got together four democrats, four republican senators socalled gang of 8. We sat down and for six months decided to write a comprehensive bipartisan Immigration Reform bill. We sent it to the floor of the senate after going through lengthy hearings in the Senate Judiciary committee entertaining hundreds [ inaudible ] many from our current attorney general and then brought it to the floor for a vote and it passed 6832, comprehensive Immigration Reform in 2013. We were pretty proud of ourselves. Unfortunately, many republicans than didnt support it and the Republican Leadership in the house of representatives refused to even consider it when we sent it over there. Let me tell you what our bill did. It would have done when it came to visa overstay also. We would have required electronic tracking of visa overstays. It was an Unfunded Mandate but the bill would have appropriated millions to implement electronic tracking of visas and at the instance of my republican colleagues in the gang of 8 we would have required an integrated electronic exit system to be in use at every International Air and sea port in the country before undocumented immigrants could obtain lawful permanent residence under the bill. This trigger would have forced those for a path of citizenship to ensure electronic tracking of overstays came to pass. We werent soft on this issue. We were tough and put money behind our toughness. Critically our bill also would have addressed other components of the broken immigration system dedicating billions of dollars to strengthen Border Security including funding for additional agents, reducing the job magnet for undocumented immigrants provide a tough but fair path to citizenship for undocumented immigrants who do pose any threat to our nation and would go to the back of the line. Only a comprehensive plan like this can secure our border and nation and really remain true to our heritage as a nation of immigrants. Thats why im ready to work again on a bipartisan basis to fix this system and it ought to start in this subcommittee. It is refleshing at least today we are talking about a real problem instead of obsessing of vulnerable who come to our seas. I strongly support legislation that is provided up to a billion dollars for d. H. S. , biometric exit and entry tracking, increasing fees for visas this provision was based on Bipartisan Legislation senator grassley and i cosponsored for years. But theres much more congress and the administration can do. Consider the Visa Waiver Program. Think about that, we have 38 nations that we allow to send their visitors to the United States without a visa. According to recent d. H. S. Report in fiscal year 2016 more than 147,000 travelers who entered our country using the Visa Waiver Program overstayed, as well. 20 Million People from these 38 nations traveled to america every year under the Visa Waiver Program. Thats a third of all the visitors to the United States. These people come in without [ inaudible ] to the United States at american airports without undergoing any biometric checks or consular interviews. The socalled 20th hijacker, 9 11 coconspirator tried to [ inaudible ] through the visa program. So did richard reid, the shoebomber. Every participant of the attack in paris held a passport from a visa waiver country. Each of them could have traveled to the United States without a visa. If were concerned about protecting americas security, why dont we strengthen the Visa Waiver Program that accounts for 20 Million People coming to this country every year. How about strengenning this program requiring biometric checks on travelers before they reach america so we know who they are before they get on the airplane and congress should close the loophole that lets people who enter the United States through the Visa Waiver Program to buy guns here in this country, even assault weapons evenotfbi terrorist watch list. Think about that for a second does. That make any sense . In closing, let me say it continues to amaze me we havent had a single hearing in this cubcommittee on president trumps changes to our immigration system n. His first week as president mr. Trump signed multiple executive orders that have royailed our nation the Supreme Court of the United States found the time to consider it. The subcommittee has not. During the previous admission the republican majority conducted sustained multiple oversight hearings of the executive branch of president obama. I hope this subcommittee would be as vigorous when it comes to the trump administration. Not yet. Finally, im disappointed the trump decided not to send a witness from the state department to this hearing. Our subcommittee would have benefited from that testimony. Thank you, senator durbin. I would have to acknowledge your longstanding efforts in this regard, even though you and i have differences on whats attainable and whats not, ive come to the conclusion that a comprehensive Immigration Reform bill is not possible and i know that is disappointing to you and some others. Unfortunately, weve had our philosophy has been we everything or we want nothing and we end up getting nothing, in my view. So, im happy to try to work with you where we can to try to address some of the issues youve addressed. While there are other topics we could talk about in the subcommittee i think it is certainly worthwhile. Hed asked his full statement be included in the record and it will done so without objection. If i can ask the witnesses to stand, please, and ill administer the oath. Raise your right hand. Do you affirm the testimony you are about to give before the committee will be the truth, the whole truth and nothing but the truth, so help you god . Thank you. Please have a seat. What wed like to do, mr. Dougherty, start with you and go down the line to wagoner, rody and mr. Ross. An Opening Statement of about five minutes or so and im sure well have lots of questions. Distinguished members of the subcommittee, thank you for the opportunity to appear today to discuss the work in progress at the department of Homeland Security to identify, report and address overstays. Some 50 million nonimmigrant visitors enter the United States each year. They enter for business, to study, to see family, or to vacation here. The United States welcomes these visitors while recognizing that its imperative they depart the country when their visas or period of authorized admission expires. Our ability to identify foreign nationals who overstay their visa is important for numerous reasons, chief among them to determine whether or not individuals pose a threat to National Security or Public Safety and we need to protect the integrity of our immigration system removing those in present in violation of law. I use my time to focus on the fiscal year 2016 entry exit overstay report and steps we are taking to address the findings in the report. As you know d. H. S. Released the report in may, the second such record issued in 20 years and contains important data not available in the 15 version. Spr the 16 report has been expanded to report foreign students, Exchange Visitors and other classes of nonimmigrants. Our ability to add these to our analysis is the result of investments made by the department to expand its Data Collection and analytical capability. It reflects nearly 99 of nonimmigrant visitors are departed the United States on time and abided by the terms of their admission. Despite this high level of compliance an unacceptable number of visitors overstayed their visas or period of authorized stay. Approximately 39,000 of them were calculated to have overstayed by the end of fiscal year 16. Weve run those numbers again in july and by our calculations 426,000 of those nonimmigrant visitors are still here and in an unlawful status. Clearly, overstays are a significant problem. To get a better understanding of the challenge presented by overstays, d. H. S. Continues to make improvements to its i. T. Infrastructure so that agents and other operators have rapid access to the highest quality data available. D. H. S. Has undertaken a number of enhancements to support the exchange and operational use of immigration and traveler data. Weve also been working on identifying National Security overstays to increase collaboration with the Intelligence Community and finally are automating processes that are currently done by hand. D. H. S. Is addressing the areas identified by the office of Inspector General in his recent report. In particular, the d. H. S. Office of chief immigration chief Information Officer is building an enterprise chairing platform and will be able to mitigate many of the issues identified in the o. I. T. Report. It will provide analysts and Mission Operators with near realtime access to data and classified and unclassified environments in a matter consistent with law, and privacy requirements. D. H. S. Has policy requirements. Dhs has to implement the biometric access to increase the quality of over stay data. It will take time and poses a significant technical and physical challenge as dhs is aggressively identifying or advancing the development of a comprehensive biometric system for air, land and sea. This conforms with longstanding congressional intent and is a priority for the administration as well. Dhs also acknowledges and appreciates the support that congress has given it and that this committee has given it in implementing that system. As statemented in the president s executive orders the ability to enhance screening by individuals who seek enter to United States on a fraudulent basis is a priority. Dhs will continue working hard with its Partner Agency particularly with the department of state to address the problem presented by over stays. Because they need to be held accountable as partner countries. Cha