Hearing of the Senate Judiciary Committee - U.S. Citizenship and Immigration Services

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SEN. JOHN CORNYN (R-TX): Thank you, Mr. Chairman.

Mr. Secretary, it's good to see you. Thank you for your service. And I agree with Senator Kyl; you've got perhaps one of the most difficult jobs in the president's Cabinet, but I think you've done an outstanding job. And I appreciate your working with me and my constituents in Texas. I want to go into that just a little bit here.

First, let's talk about the Secure Fence Act. On September the 29th, 2006, it passed by a vote of 80-19. Interestingly, all of the potential nominees for president of the United States voted aye. And, of course, it passed with strong bipartisan support.

I frankly felt like it needed some additional modification. Then Senator Hutchison and I sponsored an amendment that required consultation with local landowners and community leaders. And you've been very good about doing that consultation. I want to talk about that in just a second.

But, first of all, I want to also relate some statistics with regard to the work you've done to try to get voluntary cooperation with local landowners in my state. As you know, unlike some of the other states on the border, it's largely private property. And frankly, a lot of these landowners have told me they're afraid to go out on their own ranch unprotected because of the criminal activity occurring, coming across the border, particularly associated with narcotrafficking and the like.

But out of -- 414, I believe, landowners along the Southwest border have agreed to access by the Department of Homeland Security. Only 46 have refused access; roughly 10 percent. And, of course, we know that there's litigation occurring in some cases. I'm glad to see that there are negotiated settlements occurring, particularly with institutions like the University of Texas at Brownsville, to try to work out something that makes sense.

I have mixed feelings about the Secure Fence Act, because I didn't want anybody to be under the misimpression that by building fencing that we would have solved our border security problem, because I know of no fence built by the hand of man that could not be scaled, could not be tunneled under, could not be gone through. And so that's why I have -- I voted for it. And I would note that those who criticize it today -- and frankly, a lot of them are in my state along the border who don't like the idea of fencing -- I would just note that there has been no attempt to try to repeal that requirement.

For myself, I supported it because the Border Patrol told me they thought they needed it. And our professional law enforcement officials, if they tell me they need something, just like our troops in Iraq or Afghanistan, if they tell me they need something in order to do their job, then I'm going to support it.

But I think it's simplistic to think that by building a fence that we're going to solve all of our border security problems. And you've testified about the need for more Border Patrol, and I'm glad to know that we've trained roughly 16,000. I would note there are 40,000 police officers in New York, roughly. And so we're still (light ?), but I know it takes time, but I think we've made some progress.

Technology obviously is very important. You've talked a little bit about that. But I believe only in combination between boots on the ground, technology and tactical infrastructure or fencing in hard- to-control places are we going to have an opportunity for success along the border.

But I want to mention specifically about your work in Hidalgo County in the Rio Grande Valley in Texas. And you were good to come down for a recent press conference and announcement where, as a result of the local consultation with officials in that area, we've been able to accomplish what I would not have believed possible, and that is to take something as controversial as this Secure Fence Act and to come up with a win-win situation. And as you know, that involves the dual use of the improved levee system, which is a federal government responsibility as well down in Hidalgo County.

And let me just read a quotation to you from the county judge of Hidalgo County. He said, "Hidalgo County has been at the forefront of the border fence issue from day one, pushing our elected officials in Washington to listen to community concerns and formulating a strategy to protect the residents of Hidalgo County from flood waters while accomplishing the plans of the U.S. Department of Homeland Security to protect our nation's borders. It's a good day when Washington listens and responds to our needs. Hidalgo County appreciates the opportunity to continue consultations with DHS to make our community safer and more attractive to future smart development." That's a quote from County Judge J.D. Salinas of Hidalgo County, as you know. So I applaud the work that you have done and that you've been willing to do to meet us halfway.

I would also note that there are other things that we've been working on with the Department of Homeland Security -- Carrizo cane eradication, which will enhance the natural barrier that the Rio Grande River presents. It will provide greater visibility and access for Border Patrol to hard-to-control locations now.

And I think it's a good example of how communication and cooperation and consultation, particularly with those most immediately affected at the local level, can result in a positive outcome and one which unfortunately seems like it's too rare these days. So I think we ought to celebrate it when they happen.

SEC. CHERTOFF: I want to thank you, Senator, and also Senator Hutchison and Congressman Cuellar, for working with us and helping us. And really the community was tremendous about not just coming up with a proposal but coming up with their resources to cover their part of it. It is a win-win when we can make -- solve two problems with the same effort.

SEN. CORNYN: Let me just ask you, since time is running out, about the Merida Initiative. And I realize this is perhaps not, strictly speaking, all in your bailiwick. But, of course, this is a proposal by the administration to provide $1.4 billion in funding to Mexico to help with security in the Southwest border area. No funds have been appropriated yet, though the Bush administration requests funding for both fiscal year '08, the Global War on Terror supplemental funding request, and the fiscal year '09 budget.

I have heard from a number of my constituents, law enforcement personnel, sheriffs and the like, who would like the federal government to provide them some assistance so they can do their job. I would note Governor Perry and the Texas legislature have been fairly generous about stepping up to fill the gap along the border in terms of border security efforts.

But frankly, this is a federal responsibility. And some of my constituents, law enforcement personnel, frankly are scratching their heads, wondering why the United States government would give $1.4 billion to Mexico for its security efforts when it's unwilling to fund, in a supplemental fashion, local law enforcement's efforts to fill that gap while the federal government catches up.

So I would just ask for you to work with us as this proceeds. I'm going to ask other Cabinet secretaries, General Mukasey and others, for their cooperation, because I think they've got a very good point.

We need to keep our commitments to law enforcement officials on this side of the border while we do, I believe, need to do everything we can do to support President Calderon in his effort to combat the violence, particularly among the drug cartels in Mexico.

But they have a good point, and I'd like to work with you on that.

SEC. CHERTOFF: I agree. If I could just address this for one moment. I know it's a little over the time.

But obviously we have money, which we've made available to locals through Operation Stonegarden. This Merida Initiative is fairly important, because the president of Mexico is putting enormous effort, at considerable risk, to tackling these drug gangs and these smuggling organizations, which are located in Mexico.

And of course, as you know from your experience with law enforcement -- as you know, Mr. Chairman, the best way to strike at a criminal organization is not the tentacles, but the head. So we've got to enable the Mexicans to do their part in controlling the criminal organizations that threaten their government and threaten us. And I think this is a terribly important national security program for both countries.

SEN. CORNYN: Mr. Chairman, I know we all are perhaps most focused on our own states, but have a national awareness of law enforcement challenges. But I will tell you that there is a huge problem in -- along the border region because of the drug cartels battling it out, kidnappings and assassinations of local law enforcement officials and the like --

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