Nomination of Leon Rodriguez to be Director of the United States Citizenship and Immigration Services, Department of Homeland Security

Floor Speech

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Mr. GRASSLEY. Mr. President, today, I would like to discuss the nomination of Leon Rodriguez to be the Director of the U.S. Citizenship and Immigration Service. Mr. Rodriguez was appointed on December 19 and approved by the Judiciary Committee on April 3rd by a vote of 11-7.

I want to explain my opposition.

First and foremost, Mr. Rodriguez lacks adequate immigration experience to lead this agency. I only say that because his nomination comes on the heels of potentially sweeping immigration reform legislation. When we read his responses to my questions, it becomes clear that he has little appreciation for what this job as director entails. He basically says that he has a lot of studying to do. I think, with the situation of immigration in this country--the need for immigration reform--that we need to do better than have a director of the agency who says he has a lot of studying to do.

Second, his previous experience with Casa de Maryland is a concern as well. He was a member of the board of directors there from 2005 to 2007. The mission of Casa de Maryland is to help improve quality of life and fight for equal treatment for low-income Latinos. There is surely nothing wrong with that. That is a very noble cause. But if we peel back their mission statement, we will see that the activities they are involved in are a lot greater than just improving the quality of life for low-income people. They aid people here illegally in finding employment and gaining legal status in this country. They provide legal services to do so, and they fund day labor centers that focus on ensuring undocumented workers can find work on a daily basis. And, of course, that entails the use of taxpayers' money to accomplish that goal.

Their efforts are in direct conflict with the mission of the U.S. Citizenship and Immigration Service. That agency has to ensure the integrity of immigration programs and benefits. Casa de Maryland believes that anyone, even those who are here in contravention of our law, should be eligible for benefits. The organization has pushed for driver's licenses for people here unlawfully. They have worked to undermine REAL ID, a Federal law that needs to be fully implemented by the States. They have organized rallies that promote legal status for people who have broken the law. They have trained undocumented workers to understand their rights and published a cartoon pamphlet advising people not to speak to law enforcement when approached. They go so far as to encourage them not to even provide their names.

Mr. Rodriguez claimed that he had no knowledge of this pamphlet put out by Casa de Maryland. Yet, he was on the board at the time the pamphlet was published and disseminated.

Mr. Rodriguez doesn't disavow their work or their contempt for law enforcement. In fact, he stated in one response that he was ``supportive of the use of local tax measures to support the day labor centers'' that Casa de Maryland established.

So it is concerning that he could bring this same philosophy to an agency whose mission is to oversee legal immigration in the United States. And we all know that we are a welcoming Nation of immigrants because about a million people come here every year legally, and they are welcomed, and our laws allow that.

Now, a third reason to oppose him is my concern about Mr. Rodriguez's commitment to responding to congressional oversight, and my colleagues know how strongly I feel about Congress's doing its constitutional job of oversight; in other words, to be a check on the executive branch of government, to make sure that the laws are faithfully executed. Despite assurances given during his hearing, Mr. Rodriguez repeatedly failed to provide responsive answers to many of my questions. Mr. Rodriguez was not responsive to the questions I posed even in writing. While he repeatedly stated he would review the programs and policies if confirmed, Mr. Rodriguez claims not to be privy--that is his word--to internal functions or have knowledge of how the agency works. He refused to provide his opinions on very critical matters facing the agency, and I will give my colleagues examples.

In his initial responses he stated the following response not once, not twice, but 17 times: ``If confirmed, I will certainly commit to a careful study of this program to determine any additional appropriate steps forward, including any possible changes to address this matter.''

We are talking about a person who gives that response, and he is directing an agency of 18,000 people. He is not going to be ready to go to work on day one, and they need somebody who is ready to go to work yesterday.

The second time around asking questions, he responded a bit differently in each question, but always alluded to the fact that he was ``not privy to the internal factors upon which USCIS and its leadership base its decisions.''

I wish to give my colleagues one example. I asked about whether drunk drivers or sex offenders should be eligible for legal status and immigration benefits. He responded in both instances saying, ``In most cases, individuals who have been found guilty of a serious crime should not receive immigration benefits.''

Well, that is a big question mark. What does he mean by ``in most cases''? I would read that this way: So when should these individuals be allowed to receive benefits and legal status? That is the question that is unanswered by his response.

By not answering the questions about felons, drunk drivers, or even gang members, he is essentially toeing Casa de Maryland's line that no one should be deported.

He could not offer an opinion of his own or elaborate when such people should get benefits. He said he would be forthcoming with Congress, but his repetitive answers show, No. 1, he is avoiding the questions, and No. 2, he has a lot of studying to do before he takes this job.

A fourth reason: He wasn't forthcoming with his views on what we call around here DACA, the Deferred Action for Child Arrivals program that grants work authorizations and stays of deportation for anyone under the age of 31.

One of the most pressing items on the agency's plate right now is whether we are going to renew the President's DACA directive. In his hearing and twice afterwards in questions for the record, I asked Mr. Rodriguez about his plans with DACA and whether he would expand the program. I couldn't get a straightforward answer from him. I asked if he had any discussions about the program, and he stated that he was only ``generally aware'' of the renewal process. He clearly knew the agency published a renewal form for public comment, yet he claimed to have little knowledge or opinion on the matter.

What is more, I am told by employees within the agency that he has a person at the table who is reporting to him directly on the agency's decisions. I am told he has a conduit during discussions on the deferred action program. It is not clear how much he is driving the policies, but it concerns me that he claims no knowledge of this matter.

Had Mr. Rodriguez been more forthcoming, we would also know what is in store for the President's directive. Will he simply renew it, or will he expand it, as many believe is the plan? Congress should know this man's views on those very important matters.

In connection to DACA, I asked about information sharing with USCIS and other Federal entities. My colleagues know I rely on whistleblowers for a lot of information. Just recently, a whistleblower brought me a case in which the FBI asked for information on a DACA applicant. The FBI agent, in an email, said this:

I am checking to see if there was any information available regarding fugitive ``john smith''? We would love to get him in custody. I was interested in knowing where he submitted his fingerprints and if he left a home address.

Now, that is the Federal Bureau of Investigation doing its work. Here is what the USCIS provided in response to the FBI:

We cannot confirm that a DACA request has been filed without reason to believe that the requestor would represent an enforcement priority. However, according to your email, the agent can see what form was filed. As such, you could also direct him to our website for additional publicly available information regarding immigration forms.

The USCIS's response to the FBI was essentially this: Sorry. We can't help you. We must protect the confidentiality of the applicant. That is not quoting anybody; that is the hypothetical answer I think our immigration agency gave to the FBI.

But this isn't the only case we have like this. I have been informed about the lack of information sharing by the USCIS since DACA began in 2012. I asked Mr. Rodriguez about his commitment to provide law enforcement with information on people who apply for immigration benefits. Now, I didn't ask about the statutory or regulatory hurdles in information sharing, but he refused to answer. I asked about his commitment to making sure people who defraud the government--or who are lawfully denied benefits--are turned over to law enforcement for removal. In one instance, he said it depended on the person's circumstances.

The immigration agency is part of the Department of Homeland Security. Its core mission is, as we would expect, to protect the homeland. Yet, this agency has a culture that I call ``getting to yes.'' In other words, cut a whole bunch of red tape and don't worry about what the law says. Just get people approved to be in this country.

Mr. Rodriguez's nonresponsive answer on this matter of ``getting to yes'' concerns me, because it is not consistent with the mission of the department. I wanted a firm commitment he would change that culture, and I couldn't get that from him.

Let me also address his connection to Mr. Perez, former head of the Civil Rights Division at the Department of Justice, now the Secretary of Labor. Mr. Perez, of course, was involved in the Department's decision to decline the prosecution of the New Black Panther Party voter intimidation case.

During his hearing, Mr. Rodriguez admitted he was aware of emails between political employees and career prosecutors discussing the decision to decline to prosecute that case. At that time, Mr. Rodriguez was serving as Mr. Perez's chief of staff and personally assisted in preparing Mr. Perez for his testimony before Congress. Yet, after Mr. Perez testified that the political appointees were not involved in the decision when Mr. Rodriguez said that they were involved in that decision, Mr. Rodriguez made no effort to correct the testimony after the fact.

The U.S. Citizenship and Immigration Service can be a very powerful agency. They grant benefits to foreign nationals and are implementing the President's weak prosecutorial discretion initiatives. This agency will have a lot of responsibility if an immigration reform bill is passed by Congress. We are talking about 12 to 30 million undocumented people applying for benefits if this legislation is passed. They will carry out an administrative amnesty if a bill is not passed.

Under President Obama, this agency has implemented very controversial policies and practices. Many of the policies this agency has undertaken were included in the July 2010 internal memo I obtained entitled ``Administrative Alternatives to Comprehensive Immigration Reform.'' That sounds a little bit like ``I have got a pen and a phone, and if Congress won't, I will.'' The purpose of the memo was to ``promote family unity, foster economic growth, achieve significant process improvements and reduce the threat of removal for certain individuals present in the United States without authorization.'' The memo highlighted creative ways to achieve ``meaningful immigration reform absent legislative action.''

Remember when the President said: I have got a pen and a phone, and if Congress won't, I will.

That is a perfect example of it.

While the administration suggested this memo was only an internal deliberative document concocted by some bored bureaucrats, the Department has already undertaken many of these proposals. They will do even more under the new Director's leadership if the President decides to act unilaterally regarding immigration.

Remember the President who said: I have a pen and a phone, and if Congress won't, I will.

The agency's culture of ``getting to yes'' must change before any legalization program is carried out. The Homeland Security inspector general has reported on this culture. Their own internal watchdog, the IG, admonished the leadership for appearing to pressure line adjudicators to ``get to yes.'' Their report clearly shows that the immigration service has a lot of work to do to get rid of the ``get to yes'' culture that has pervaded this agency in recent years.

The fact that one-quarter of the immigration service officers felt pressured to approve questionable applications and 90 percent of the respondents felt they did not have sufficient time to complete interviews of those who seek benefits certainly warrants significant changes be made immediately. It does not appear Mr. Rodriguez is inclined to do that.

This culture stems from the leadership suggesting that line adjudicators lean toward approval and focus on eligibility and less on fraud. Unfortunately, I did not get any sense from Mr. Rodriguez that he was committed to changing the culture.

Mr. Rodriguez's appointment to this agency concerns me a great deal. I hope my colleagues, before voting this afternoon, will have that same concern. I question his experience and his managerial judgment to lead an agency of 18,000 Federal employees. Unfortunately, I doubt his sincerity in working with Congress on oversight requests. I wish he had been more forthcoming.

For these reasons and others, I oppose the nomination.

I yield the floor.

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