[House Hearing, 109 Congress]
[From the U.S. Government Publishing Office]
WEAK BILATERAL LAW ENFORCEMENT PRESENCE AT THE U.S.-MEXICO BORDER:
TERRITORIAL INTEGRITY AND SAFETY ISSUES FOR AMERICAN CITIZENS
=======================================================================
deg.JOINT HEARING
BEFORE THE
SUBCOMMITTEE ON CRIME, TERRORISM,
AND HOMELAND SECURITY
AND THE
SUBCOMMITTEE ON IMMIGRATION,
BORDER SECURITY, AND CLAIMS
OF THE
COMMITTEE ON THE JUDICIARY
HOUSE OF REPRESENTATIVES
ONE HUNDRED NINTH CONGRESS
FIRST SESSION
__________
NOVEMBER 17, 2005
__________
Serial No. 109-90
__________
Printed for the use of the Committee on the Judiciary
Available via the World Wide Web: http://judiciary.house.gov
______
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COMMITTEE ON THE JUDICIARY
F. JAMES SENSENBRENNER, Jr., Wisconsin, Chairman
HENRY J. HYDE, Illinois JOHN CONYERS, Jr., Michigan
HOWARD COBLE, North Carolina HOWARD L. BERMAN, California
LAMAR SMITH, Texas RICK BOUCHER, Virginia
ELTON GALLEGLY, California JERROLD NADLER, New York
BOB GOODLATTE, Virginia ROBERT C. SCOTT, Virginia
STEVE CHABOT, Ohio MELVIN L. WATT, North Carolina
DANIEL E. LUNGREN, California ZOE LOFGREN, California
WILLIAM L. JENKINS, Tennessee SHEILA JACKSON LEE, Texas
CHRIS CANNON, Utah MAXINE WATERS, California
SPENCER BACHUS, Alabama MARTIN T. MEEHAN, Massachusetts
BOB INGLIS, South Carolina WILLIAM D. DELAHUNT, Massachusetts
JOHN N. HOSTETTLER, Indiana ROBERT WEXLER, Florida
MARK GREEN, Wisconsin ANTHONY D. WEINER, New York
RIC KELLER, Florida ADAM B. SCHIFF, California
DARRELL ISSA, California LINDA T. SANCHEZ, California
JEFF FLAKE, Arizona CHRIS VAN HOLLEN, Maryland
MIKE PENCE, Indiana DEBBIE WASSERMAN SCHULTZ, Florida
J. RANDY FORBES, Virginia
STEVE KING, Iowa
TOM FEENEY, Florida
TRENT FRANKS, Arizona
LOUIE GOHMERT, Texas
Philip G. Kiko, General Counsel-Chief of Staff
Perry H. Apelbaum, Minority Chief Counsel
------
Subcommittee on Crime, Terrorism, and Homeland Security
HOWARD COBLE, North Carolina, Chairman
DANIEL E. LUNGREN, California ROBERT C. SCOTT, Virginia
MARK GREEN, Wisconsin SHEILA JACKSON LEE, Texas
TOM FEENEY, Florida MAXINE WATERS, California
STEVE CHABOT, Ohio MARTIN T. MEEHAN, Massachusetts
RIC KELLER, Florida WILLIAM D. DELAHUNT, Massachusetts
JEFF FLAKE, Arizona ANTHONY D. WEINER, New York
MIKE PENCE, Indiana
J. RANDY FORBES, Virginia
LOUIE GOHMERT, Texas
Michael Volkov, Acting Chief Counsel
Elizabeth Sokul, Special Counsel for Intelligence
and Homeland Security
Jason Cervenak, Full Committee Counsel
Bobby Vassar, Minority Counsel
Subcommittee on Immigration, Border Security, and Claims
JOHN N. HOSTETTLER, Indiana, Chairman
STEVE KING, Iowa SHEILA JACKSON LEE, Texas
LOUIE GOHMERT, Texas HOWARD L. BERMAN, California
LAMAR SMITH, Texas ZOE LOFGREN, California
ELTON GALLEGLY, California LINDA T. SANCHEZ, California
BOB GOODLATTE, Virginia MAXINE WATERS, California
DANIEL E. LUNGREN, California MARTIN T. MEEHAN, Massachusetts
JEFF FLAKE, Arizona
BOB INGLIS, South Carolina
DARRELL ISSA, California
George Fishman, Chief Counsel
Art Arthur, Counsel
Allison Beach, Counsel
Luke Bellocchi, Full Committee Counsel
Cindy Blackston, Professional Staff
Nolan Rappaport, Minority Counsel
C O N T E N T S
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NOVEMBER 17, 2005
OPENING STATEMENT
Page
The Honorable Howard Coble, a Representative in Congress from the
State of North Carolina, and Chairman, Subcommittee on Crime,
Terrorism, and Homeland Security............................... 1
The Honorable John N. Hostettler, a Representative in Congress
from the State of Indiana, and Chairman, Subcommittee on
Immigration, Border Security, and Claims....................... 2
The Honorable Robert C. Scott, a Representative in Congress from
the State of Virginia, and Ranking Member, Subcommittee on
Crime, Terrorism, and Homeland Security........................ 3
The Honorable Darrell Issa, a Representative in Congress from the
State of California, and Member, Subcommittee on Immigration,
Border Security, and Claims.................................... 4
The Honorable Sheila Jackson Lee, a Representative in Congress
from the State of Texas, and Ranking Member, Subcommittee on
Immigration, Border Security, and Claims, and Member,
Subcommittee on Crime, Terrorism, and Homeland Security........ 32
WITNESSES
Mr. Chris Swecker, Assistant Director, Criminal Investigative
Division, Federal Bureau of Investigation
Oral Testimony................................................. 6
Prepared Statement............................................. 8
Mr. William Reid, Acting Assistant Director, Office of
Investigations, U.S. Immigration and Customs Enforcement, U.S.
Department of Homeland Security
Oral Testimony................................................. 10
Prepared Statement............................................. 13
Mr. Reynaldo Garza, Deputy Chief Patrol Agent, Office of Border
Patrol, Rio Grande Valley Sector, U.S. Customs and Border
Protection, U.S. Department of Homeland Security
Oral Testimony................................................. 20
Prepared Statement............................................. 21
Mr. T.J. Bonner, President, National Border Patrol Council,
American Federation of Government Employees, AFL-CIO
Oral Testimony................................................. 23
Prepared Statement............................................. 25
LETTERS, STATEMENTS, ETC., SUBMITTED FOR THE HEARING
Prepared Statement of the Honorable Sheila Jackson Lee, a
Representative in Congress from the State of Texas, Member of
Subcommittee on Crime, Terrorism, and Homeland Security........ 32
Article submitted by the Honorable Sheila Jackson Lee: ``8 People
Accused of Smuggling Girls for Prostitution,'' Houston
Chronicle (November 15, 2005).................................. 034
APPENDIX
Material Submitted for the Hearing Record
Reponses to questions for the Record from Chris Swecker,
Assistant Director, Federal Bureau of Investigation............ 50
Responses to questions for the Record from Ray Garza, Deputy
Chief Patrol Agent, U.S. Customs and Border Protection......... 55
Responses to questions for the Record from William Reid, Acting
Assistant Director, Office of Investigations, U.S. Immigration
& Customs Enforcement.......................................... 56
WEAK BILATERAL LAW ENFORCEMENT PRESENCE AT THE U.S.-MEXICO BORDER:
TERRITORIAL INTEGRITY AND SAFETY ISSUES FOR AMERICAN CITIZENS
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THURSDAY, NOVEMBER 17, 2005
House of Representatives,
Subcommittee on Crime, Terrorism,
and Homeland Security
and
Subcommittee on Immigration,
Border Security, and Claims,
Committee on the Judiciary,
Washington, DC.
The Subcommittees met, pursuant to notice, at 10:02 a.m.,
in Room 2141, Rayburn House Office Building, the Honorable
Howard Coble and the Honorable John Hostettler (Chairmen of the
Subcommittees] presiding.
Mr. Coble. Good morning, ladies and gentlemen. Today the
Subcommittee on Crime, Terrorism, and Homeland Security and the
Subcommittee on Immigration, Border Security, and Claims
convene a very important oversight hearing of the Departments
of Justice and Homeland Security to examine the security and
safety of the United States citizens living along and traveling
between the Mexican/United States border. Recently, there have
been numerous reports outlining the increase of violence in the
region surrounding Laredo, Texas, and the city across the
Mexican border, Nuevo Laredo. Most of the violence is
attributed to the drug-trafficking activities in this region
and specifically to a group known as ``The Zetas.'' The Zetas
are an enforcement arm of Gulf Cartel, one of the largest drug
cartels in Mexico. This panel is concerned about these reports
and looks forward to hearing the Departments' response to these
accounts and the efforts being utilized to combat the crime and
violence in that region.
The Zetas were originally recruited from a group of Mexican
Special Forces trained to locate and apprehend drug
traffickers. However, in 1998, they were recruited by the Gulf
Cartel to aid in their illegal operations, specifically to
kidnap and kill rival drug traffickers. Additionally, they are
now responsible for the safe passage of illegal narcotics
moving through the region and eventually into the United
States. According to the Mexican Attorney General's office,
there were originally 31 deserters that comprised the core
group of the Zetas but have since recruited more, and their
ranks are estimated to be as large as 200.
The Zetas have successfully cultivated an atmosphere of
fear along the border region around Laredo. Since last year, at
least 170 people have gone missing throughout the region, 43 of
whom are Americans from Laredo, Texas. Additionally, there have
been more than 105 executions in Nuevo Laredo this year as a
result of the drug violence.
An article in the February 20, 2005, issue of the Dallas
Morning News reported that some members of the Zetas are
operating in North Texas and had hired gang members and other
criminals to conduct contract killings. The article claimed
that the Zetas were responsible for three murders in Dallas in
2004 and were responsible for numerous murders along the U.S.-
Mexican border. Finally, the article claims that the Zetas
would be willing to use violence against law enforcement
officials who stand in their way. In fact, numerous police
officers in Nuevo Laredo have been shot and killed during
recent attacks attributed to the Zetas. A telling example of
the ruthlessness and audacity exemplified by the Zetas is the
assassination of Nuevo Laredo police chief Alejandro Dominguez
who was gunned down a mere 6 hours after being sworn into
office.
The situation became so tenuous that in August of this
year, United States Ambassador to Mexico Tony Garza closed the
United States Consulate in Nuevo Laredo due to escalating
violence. While the State Department did not issue an official
travel warning to U.S. citizens traveling to this region, this
panel is deeply concerned for the safety and well-being of our
citizens who do frequent the region, many on a daily basis. In
order to successfully stem this tide of violence, our Federal
law enforcement agencies must not only cooperate with one
another, but must actively involve the State and local law
enforcement as well. Additionally, Federal law enforcement
agencies need to be willing and able to cooperate and
collaborate with their Mexican counterparts. While I recognize
that there were problems of corruption facing the Nuevo Laredo
police department, there certainly must be Mexican Federal
agencies with whom we can work cooperatively together, it seems
to me. We need to be addressing this assault on the American
safety on the other side of the border before it spills into
the United States. A very dangerous criminal element is at our
doorstep and knocking. What are we going to do to turn them
away?
I am now pleased to recognize the Chairman of the
Subcommittee on Immigration, Border Security, and Claims, the
distinguished gentleman from Indiana, Mr. Hostettler, and he
will be followed by the distinguished gentleman from Virginia,
Bobby Scott, the Ranking Member on our Subcommittee, and Ms.
Jackson Lee, who I think is en route. Other Members, without
objection, will be able to have their opening statements made a
part of the record.
The gentleman from Indiana.
Mr. Hostettler. Thank you, Mr. Chairman, and I want to
thank you for this opportunity for a joint hearing between our
Subcommittee and the Subcommittee on Crime, Terrorism, and
Homeland Security. And I am glad that we are having this joint
hearing now as we are holding a series of hearings, including
one at 2 p.m. later today on the impact of illegal aliens on
Members' constituencies.
A number of Representatives from the border region
testified at these hearings about crime rates in their
district. We discussed evidence of higher crime rates in the
counties along the border, as well as the inverse relationship
between more Border Patrol enforcement and the number of
property and violent crimes in those regions. In fact, I hope
that one Member from California will testify on that this
afternoon as part of that continuing series.
If crime in the border counties decreases with better
Border Patrol enforcement, and there is a high rate of very
violent crime along the border, as this hearing will expose. It
should be a no-brainer that increasing law enforcement presence
in the region is a ``must do'' if we are to stop those violent
elements from settling in the United States.
We owe it to the Americans who live in that area who suffer
the onslaught of lawlessness across the border every day. When
every new police chief of Nuevo Laredo is assassinated within
days of taking office, how can Americans living in Laredo sleep
at night? In fact, knowing how porous the Southwest border is,
and the free flow of illegal aliens into this country from
those very violent regions, it is a wonder any of us get much
sleep.
I am also very glad that we are holding a joint hearing
with the Crime Subcommittee. This is an area of mutual
interest. As I just mentioned, we need more law enforcement
presence in the region. That means all kinds of law
enforcement. So I am glad to see here the Federal Bureau of
Investigation, Immigration and Customs Enforcement, and Customs
and Border Protection.
Each of these agencies plays a pivotal role in guarding
against the entry of illegal narcotics, weapons, illegal
aliens, criminals, and violent elements from coming into the
United States. That is why I am happy to hear that joint task
forces, such as ``Operation Black Jack,'' let by Immigration
and Customs Enforcement in Laredo, are bringing different law
enforcement agencies together for the same overall mission.
Cooperation among agencies down there is optimal under this
program, and I can only see it continuing.
Nevertheless, they need our support, both in getting the
word out on their good deeds and the need for better resources.
My esteemed colleague Mr. Smith of Texas sent out a ``Dear
Colleague'' letter earlier this month titled ``Number of
Assaults on Border Patrol Agents Nearly Doubles.'' According to
the Los Angeles Times, Border Patrol agents are increasingly
assaulted with rocks, Molotov cocktails, and gunfire. There
have been nearly 700 incidents in the past fiscal year. In
June, Border Patrol agents were injured by gunfire in a
shootout with drug thugs along the border.
If these things do not demonstrate the need for more
resources to be committed for law enforcement to stem the
``quiet invasion of violence'' from the Southwest border, I
really do not know what will. I look forward to the
Government's presentation and yield back the balance of my
time.
Mr. Coble. I thank the gentleman from Indiana.
The distinguished gentleman from Virginia, Mr. Bobby Scott.
Mr. Scott. Thank you, Mr. Chairman. I want to thank you and
Chairman Hostettler and the gentlelady from Texas, Ms. Jackson
Lee, for holding this joint oversight hearing on ``Weak
Bilateral Law Enforcement Presence at the U.S.-Mexico Border
Area: Territorial Integrity and Safe Issues--Safety Issues for
American Citizens.'' Obviously, just from the title of the
hearing, we have a serious issue to consider, so I want to
thank you for bringing this Committee together.
I'd also like to thank the gentleman from Texas, Mr.
Cuellar, for effectively working on this issue and bringing a
lot of information to us. I want to thank him for his hard work
and dedication.
Mr. Chairman, recent reports of sensational crime and
violence on the Southwest border in the Laredo, Texas, and
Nuevo Laredo, Mexico, area are shocking. Attacks on law
enforcement, kidnappings on both the Mexican and American side
of the border for ransom or worse, drug and human smuggling by
drug cartels, and international gangs and more all sound like
something out of an over-dramatized movie. While much of it
occurs on the Mexican side of the border, a great deal involves
American citizens, and some occurring on the American side of
the border.
The temporary closing of the American consulate office in
Nuevo Laredo following a series of State Department warnings to
Americans is an indication that something needs to be done.
So, Mr. Chairman, I look forward to the testimony of our
witnesses on what needs to be done by Congress to get a handle
on these disturbing developments, and I would yield the balance
of my time to the gentleman from California, Mr. Issa, who has
also been very active on this issue.
Mr. Coble. The gentleman is recognized.
Mr. Issa. Thank you, and I'll be very brief.
I've looked at the testimony, and I look forward to hearing
both the testimony and your comments and response to questions.
But I hope that we can include in the tone of today's hearing
not the success or failure of law enforcement when it comes to
the officers at the border, the interior enforcement, but the
failure to deal with what is done after the criminals leave
you. Criminal aliens are, in fact, being returned without
prosecution in San Diego and all along the border. Gangs in our
cities, including Los Angeles and other major cities, operate
with known illegals who are not sought out for that purpose and
simply allowed to be treated like any other ``American gang
member,'' waiting until they've committed a violent felony
before anything is done. Coyotes--I appreciate the fact that if
a Coyote tries to run over a Border Patrol agent, Carol Lam,
the U.S. Attorney in San Diego, will prosecute. But short of
that, Coyotes are ignored and returned time after time after
time and released.
So my sympathy goes out to the four of you here because I
believe that all of you are involved in trying to deal with the
point of contact. But if we do not change what we do in the way
of once you've apprehended or identified somebody and turning
it into an effective prosecution and incarceration, to be
honest--and I hope to hear more in your responses--I think that
we are kidding ourselves that catch and release is simply not
going to work. Catch and release says that if somebody doesn't
do something violently, we are going to simply release them
back and obviously allow them to continue to be operating
illegally in this country.
So I hope you will comment on that, and I thank the
gentleman for yielding time.
Mr. Coble. I thank the gentleman from California.
We have also been joined by the distinguished gentleman
from Florida, Mr. Feeney, and, as has been mentioned, Mr.
Cuellar. Henry, good to have you here. Mr. Cuellar represents
the Laredo area in his congressional district, and he does not
sit as a Member of the Judiciary Committee, but it is good to
have you here, Henry.
Gentlemen, it is the practice of the Subcommittee to swear
in all witnesses appearing before it, so if you would please
stand and raise your right hands.
[Witnesses sworn.]
Mr. Coble. Let the record show that each of the witnesses
answered in the affirmative, and you may be seated.
Ladies and gentlemen, we have four distinguished witnesses
with us today. Our first witness is Chris Swecker, Assistant
Director of the Criminal Investigative Division of the Federal
Bureau of Investigation. Prior to this assignment, Mr. Swecker
served in various positions, including special agent in charge
of the Charlotte, North Carolina, Field Office and as inspector
in the Inspection Division. He earned his bachelor's degree
from Appalachian State University and his J.D. from Wake Forest
School of Law.
Mr. Swecker, I know Appalachian State very well and very
favorably, and it's good to have a Mountaineer on the panel.
Our second witness today, Mr. William Reid, the Acting
Assistant Director of Investigations for the United States
Immigration and Customs Enforcement. Previously, Mr. Reid
served as the special agent in charge for ICE in Philadelphia,
where he oversaw all criminal investigations of violations of
immigration and customs laws in Pennsylvania, Delaware, and
West Virginia. He holds an undergraduate degree from George
Washington University and a law degree from George Mason
University.
Our third witness is Mr. Reynaldo Garza, Deputy Chief
Patrol Agent of the Rio Grande Valley Sector of the U.S.
Customs and Border Protection. Prior to this position, Mr.
Garza served as Assistant Chief Patrol Agent and as Deputy
Assistant Regional Director for the Central Region Headquarters
in Dallas. Mr. Garza started his career with the Border Patrol
at the Laredo station in 1975 and is a graduate of Texas A&M
University at Laredo.
Our final witness today is Mr. T.J. Bonner, President of
the National Border Patrol Council, an organization
representing about 10,000 U.S. Border Patrol employees. Mr.
Bonner joined the Border Patrol in 1978 and was subsequently
promoted to senior Border Patrol agent in 1987. As a 27-year
veteran Border Patrol agent, Mr. Bonner has the experience to
discuss with firsthand knowledge the major issues affecting
immigration and border security policy today. He is a graduate
of the Los Angeles Valley College.
Gentlemen, we operate here on the 5-minute rule. Now, you
will not be keel-hauled if you violate that rule, but when you
see that red light appear before you on the panel in front of
you, that is your warning. When the amber light appears, you
will have 1 minute to go, so at that point if you could wrap
up. We have examined your written testimony, and it will be re-
examined.
I don't know, Bobby and John, of any issue that has come
before us that is probably any more vital than what we are
discussing today. And we are delighted to have you all with us.
And, Mr. Swecker, incidentally, I have another meeting at
11:30, so when I abruptly depart, if we are not through, don't
think that's an indication of lack of interest in this subject,
because it's not. But I will surrender the podium to the
gentleman from Indiana at that time.
Mr. Swecker, why don't you start us off.
TESTIMONY OF CHRIS SWECKER, ASSISTANT DIRECTOR, CRIMINAL
INVESTIGATIVE DIVISION, FEDERAL BUREAU OF INVESTIGATION
Mr. Swecker. Good morning, Chairman Coble and Chairman
Hostettler and Ranking Members and Members of the Committee. We
appreciate the opportunity to be here today. As you know, the
bloody drama that is taking place in the South Texas border
region in the area between Del Rio and Brownsville revolves
around the Gulf Cartel drug-trafficking organization which
dominates the region and commands smuggling operations along
this stretch of the Southwest border, American Southwest. One
of their enforcement groups, known as Los Zetas, bears primary
responsibility for the violence. They have been fighting a turf
war on behalf of the Gulf Cartel against rival drug-trafficking
organizations. Because the Bureau focuses on large-scale
criminal enterprise investigations which target the command and
control structures of criminal groups, we think we are well
positioned to help dismantle these trafficking organizations.
One of the most significant ramifications of the unrest
along the border has been a string of kidnappings involving
U.S. citizens. Between May of 2004 and May of 2005, there have
been 35 reported abductions of U.S. citizens in this region.
Thirty-four occurred in Nuevo Laredo, Mexico, and involved U.S.
citizens who had crossed the border. Twenty-three victims were
released by their captors, nine victims remain missing, and two
are confirmed dead. These numbers likely represent only a
fraction of the actual occurrences, because many kidnappings of
U.S. citizens go unreported. Two reasons exist for the
underreporting of these abductions. First, victims and their
families fear reprisals from the kidnappers; and, second, many
of the victims are alleged to be involved in drug trafficking.
The San Antonio Division of the FBI has 26 pending kidnapping
cases. We have offered all available resources to assist
Mexican law enforcement and have followed every domestic lead
to locate these kidnapping victims.
The Laredo Resident Agency received complaints from
families of U.S. citizens Janet Martinez and Brenda Yadira
Cisneros after they disappeared in September of 2004 in Nuevo
Laredo. They remain missing. Investigation revealed that
alleged members of Los Zetas kidnapped those two individuals.
Mexican authorities have cooperated, and we're working and
reviewing the evidence with them in this matter.
The San Antonio Division of the FBI has over 50 OCDETF--
Organized Crime Drug Enforcement Task Force--investigations.
These are joint investigations by definition. These target
Mexican drug-trafficking organizations and related activities,
including money laundering and gang violence. One of the
investigations, Operation Cazadores, led to the indictment of
Gulf Cartel leader Osiel Cardenas-Guillen. The investigation
continues to pursue fugitive Gulf Cartel leaders indicted along
with Guillen. Other pending investigations in Laredo, Houston,
and Dallas focus on the leadership of these organizations.
These Mexican drug cartels responsible for border violence
have also cemented ties to street and prison gangs on the U.S.
side. U.S. gangs retail drugs purchased from Mexican
traffickers and often work as cartel surrogates or enforces on
U.S. soil. Intelligence suggests Los Zetas have hired members
of various gangs at different times, including the Mexican
Mafia, Texas Syndicate, MS-13, and Hermanos Pistoleros Latinos,
to further their criminal endeavors. The FBI is well equipped
to deal with these groups. In conjunction with our law
enforcement partners, we have established a National Gang
Intelligence Center at FBI Headquarters. In addition, we have
established task forces throughout the country to disrupt the
gang activity. The San Antonio Division currently operates two
Safe Street-Gang task forces addressing border violence in San
Antonio and the Rio Grande Valley.
The FBI continues to collect and share intelligence with
other Federal, State, and local law enforcement agencies.
Through Safe Streets task forces, we are collecting the
intelligence and exploring the connections between the cartels
and the gangs. We are participating in ``Operation Black
Jack,'' an interagency endeavor led by ICE in conjunction with
Mexican authorities. Through this program we have exchanged
vital targeting intelligence on Los Zetas and the Gulf Cartel
with our law enforcement colleagues, including ATF, DEA, ICE,
and other appropriate elements of DHS. More broadly, at the
core of our intelligence-gathering effort lies the FBI's
McAllen Intelligence Center, the MIC. It is comprised of
representatives from all of those agencies just mentioned. It
is a central repository for border violence-related
intelligence. It collects and analyzes criminal intelligence
from all law enforcement agencies along the border. The center
routinely shares that intelligence with Mexican officials and
over 300 law enforcement agencies in South Texas. This includes
materials involving Mexican officials, gang activities along
the border, and drug trafficking.
We have had several operational successes along the border.
Some of the information that has been disseminated by the MIC
has led to the raiding and search of two Zeta safe houses where
44 kidnapping victims were rescued. We have met with our
Mexican counterparts and discussed the location of several
suspected Zeta-owned ranches. Based on information furnished by
the FBI, Mexican authorities conducted surveillance of the
locations and provided us with the intelligence.
The FBI is taking proactive measures to assess and confront
this heightened threat to public safety on both sides of the
border, including participation in multiple bilateral,
multiagency meetings and working groups to hone strategies to
address the problem. Our intelligence provide windows into
these organizations and their operations while our
investigative efforts strive to disrupt and dismantle these
criminal organizations and reduce violence in the regions.
Paramilitary groups such as Los Zetas and Los Negros, which
is the group that supports Chapo Guzman and what is known as
the Federation, which is in opposition to the Gulf Cartel and
has resulted in most of the violence down in that region, work
for, these paramilitary groups work for the cartels as
enforcers and are a serious threat to public safety on both
sides of the border. We have documented kidnappings and forays
that go across the border into the U.S. part, where in one case
they have even attempted to kill--kidnap and kill a U.S. law
enforcement officer, a Laredo police officer. They are well
financed and well equipped. Their willingness to shoot and kill
law enforcement officers on both sides of the border make these
paramilitary groups among the most dangerous criminal
enterprises in North America. Working with our local and
Federal partners and the Government of Mexico, we continue to
investigate these cartels and their paramilitary enforces,
gathering evidence for prosecution where U.S. jurisdiction
exists.
Thank you for the opportunity to be here again. I am happy
to answer any questions.
[The prepared statement of Mr. Swecker follows:]
Prepared Statement of Chris Swecker
Good afternoon Mr. Chairmen, Ranking Members, and Members of the
Subcommittees. I appreciate this opportunity to discuss the FBI's
efforts to combat recent violence along the South Texas border with
Mexico. The region between the Texas cities of Del Rio and Brownsville
has experienced high levels of drug-related turmoil since 2003. The
focal point of much of this activity is Nuevo Laredo, Mexico, a border
city situated directly across the Rio Grande River from Laredo, Texas.
Drug traffickers have exacted an especially bloody toll in Nuevo Laredo
and neighboring Mexican towns. Significant levels of violence and drug-
related criminal activity also plague Laredo. As you know, this bloody
drama revolves around the Gulf Cartel drug trafficking organization
which dominates the region and commands smuggling operations along this
stretch of the American southwest. One of their enforcement groups,
known as Los Zetas bears primary responsibility for the violence. They
have been fighting a turf war on behalf of the Gulf Cartel against
rival drug trafficking organizations. Because the Bureau focuses on
large-scale enterprise investigations which target the command and
control structures of criminal groups, we are well suited to help
dismantle these trafficking organizations.
KIDNAPPINGS
One of the most significant ramifications of the unrest along the
border has been a string of kidnappings involving US citizens. Between
May 2004 and May 2005, there have been 35 reported abductions of US
citizens in this region.\1\ Thirty-four of these abductions occurred in
Nuevo Laredo, Mexico, and involved US citizens who had crossed the
border. Twenty-three victims were released by their captors, nine
victims remain missing, and two are confirmed dead. These numbers
likely represent only a fraction of the actual occurrences, because
many kidnappings of US citizens go unreported. There are two reasons
for the underreporting of abductions along the border. First, victims
and their families fear reprisal from kidnappers. Second, since many
victims are alleged to be involved in drug trafficking, they and their
families are reluctant to cooperate with law enforcement. The San
Antonio Division has 26 pending kidnapping cases. We have offered all
available resources to assist Mexican law enforcement and have followed
every domestic lead to locate the US kidnapping victims.
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\1\ Much larger numbers of Mexican citizens have been abducted
along the border. From January to mid August 2005, 202 kidnappings
occurred in the Mexican state of Tamaulipas, the Gulf Cartel's
operational center which includes the cities of Matamoros, Nuevo
Laredo, and Reynosa.
---------------------------------------------------------------------------
The Laredo Resident Agency received complaints from the families of
US citizens Janet Yvette Martinez and Brenda Yadira Cisneros after they
disappeared on September 17, 2004 in Nuevo Laredo. They remain missing.
Investigation revealed that alleged members of Los Zetas kidnapped
Martinez and Cisneros. Mexican authorities have cooperated and we are
working with them to review evidence in this case.
The FBI has interviewed all cooperative kidnapping victims
subsequent to their release. In cases where the victim remains missing,
we have tried to obtain DNA samples to identify any human remains, if
recovered. In the one case where the kidnapping occurred within the
United States (Laredo), the FBI helped rescue the victim before he was
transported to Mexico. This investigation is pending and the Assistant
United States Attorneys in Laredo and Houston are pursuing charges.
INVESTIGATIONS TARGETING CARTEL ACTIVITY
The San Antonio Division has over 50 Organized Crime Drug
Enforcement Task Force (OCDETF) investigations. These target Mexican
drug trafficking organizations and related activities including money
laundering and gang violence. One of the investigations, Operation
Cazadores, led to the indictment of Gulf Cartel leader Osiel Cardenas-
Guillen. The investigation continues to pursue fugitive Gulf Cartel
leaders indicted along with Cardenas-Guillen. Other pending
investigations in Laredo, Houston, and Dallas, Texas focus on the
leadership of organizations affiliated with Cardenas-Guillen.
GANG ACTIVITY
Mexican drug cartels responsible for recent border violence have
also cemented ties to street and prison gangs on the US side. US gangs
retail drugs purchased from Mexican traffickers and often work as
cartel surrogates or enforcers on US soil. Intelligence suggests Los
Zetas have hired members of various gangs at different times including
the Mexican Mafia, Texas Syndicate, MS-13, and Hermanos Pistoleros
Latinos to further their criminal endeavors. The FBI is well-equipped
to deal with these groups. The Bureau, in conjunction with our law
enforcement partners has established a National Gang Intelligence
Center at FBI Headquarters. In addition, we have established task
forces throughout the country to disrupt gang activity. The FBI's San
Antonio Division currently operates two Safe Street/Gang task forces
addressing border violence in San Antonio, and the Rio Grand Valley.
These FBI-led task forces include FBI Special Agents, other Federal
Agents and local law enforcement officers.
The San Antonio Safe Streets/Gang Task Force is
comprised of nine FBI Special Agents and 13 task force
officers.
The Rio Grande Valley Safe Streets/Gang Task Force is
comprised of eight FBI Special Agents and five task force
officers.
INTELLIGENCE GATHERING
The FBI continues to collect and share intelligence with other
federal, state, and local law enforcement agencies. Through Safe
Streets task forces, we are collecting intelligence and exploring the
connections between Mexican cartels and gangs along the border. We are
participating in Operation Blackjack, an interagency endeavor in
conjunction with Mexican authorities. Through this program we have
exchanged vital targeting intelligence on Los Zetas and the Gulf Cartel
with our law enforcement colleagues including DEA, ATF, and appropriate
elements of DHS. More broadly, at the core of our intelligence-
gathering effort lies the FBI's McAllen Intelligence Center. The MIC,
as it is commonly known, is comprised of representatives from various
local, state, and federal agencies in Texas. This is the central
repository for border violence-related intelligence. The MIC collects
and analyzes criminal intelligence from state, local, and federal
investigations along the Texas/Mexico border. The center routinely
shares intelligence with Mexican officials and over 300 law enforcement
agencies in South Texas. This includes material regarding corrupt
Mexican officials, gang activity along the border, and drug
trafficking. The McAllen Intelligence Center also maintains a
comprehensive database of Zetas, their associates, and members of both
the Gulf Cartel and its rivals.
We have had several operational successes based on intelligence we
have gathered and passed on to Mexican officials. Some of the
information the FBI provided to Mexican officials helped Mexican
federal and military authorities locate two Zeta safe houses in Nuevo
Laredo in June 2005 where they rescued 44 kidnapping victims. FBI
officials recently met with their Mexican counterparts and discussed
the location of several suspected Zeta-owned ranches. Based on
information furnished by the FBI, Mexican authorities conducted
surveillance of the locations and provided us with the resulting
intelligence.
Eight FBI Special Agents in our Resolution 6 program cover five
major cities in Mexico working in DEA offices which affords complete
coordination with DEA resources and investigations. These agents
develop intelligence regarding the activities of Mexican criminal
enterprises to support US investigations. All of this work is
coordinated with representatives from key DEA offices and Mexican
officials. Recently Mexican authorities used FBI Resolution 6
intelligence to conduct several drug seizures including seven tons of
marijuana attributed to Joaquin Guzman-Loera, arch rival of the Gulf
Cartel. In September 2005, FBI Headquarters deployed analytical
resources to Monterrey, Mexico, to provide case support.
The FBI continues to aggressively pursue the major organizations
and violent criminals responsible for lawlessness along the border. The
FBI along with our colleagues at the Department of Homeland Security
and Department of State are working with the Mexican Attorney General's
Office and the US Consulate in Monterrey to identify Los Zetas members
and their associates in order to revoke their immigration documents.
This measure will make it more difficult for them to enter and operate
in the United States. We are also cooperating with other US law
enforcement agencies in investigations targeting Los Zetas, the Gulf
Cartel and their enemies.
On October 13, 2005 the Attorney General announced the creation of
an ATF-led Violent Crime Impact Team (VCIT) in Laredo, Texas. In
combination with the VCITs already established in Los Angeles, Tucson,
Albuquerque and Houston, the Laredo VCIT will address cross-border
violence. The VCIT model combines local police resources with ATF
investigative and technical expertise and the resources of ICE, CBP,
and other federal law enforcement partners to reduce the violence that
plagues our most crime-ridden communities. We look forward to working
with our colleagues from ATF in combating gang violence and other
violent crime along the border with Mexico.
The FBI is taking pro-active measures to assess and confront this
heightened threat to public safety on both sides of the US/Mexico
border, including participation in multiple bi-lateral multi-agency
meetings and working groups to hone strategies to address the problem.
Our intelligence gathering activities provide windows into these
organizations and their operations while our investigative efforts
strive to disrupt and dismantle these criminal organizations and reduce
the violence in the region.
Para-military groups such as the Zetas, Los Negros, Los Numeros,
and others who work for Mexican drug cartels as enforcers are a serious
threat to public safety on both sides of the entire U.S./Mexico border.
They are well financed and well equipped. Their willingness to shoot
and kill law enforcement officers on both sides of the border make
these para-military groups among the most dangerous criminal
enterprises in North America. Working with our federal, state, and
local partners, and the Government of Mexico, the FBI continues to
investigate these cartels and their para-military enforcers, gathering
evidence for prosecution where U.S. jurisdiction exists.
Thank you again for the opportunity to be here today. I would be
happy to answer any questions.
Mr. Coble. I thank you, Mr. Swecker.
In the sense of fairness, Mr. Swecker had 6 minutes, so you
all will be allowed 6 minutes as well. Mr. Reid.
TESTIMONY OF WILLIAM REID, ACTING ASSISTANT DIRECTOR, OFFICE OF
INVESTIGATIONS, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, U.S.
DEPARTMENT OF HOMELAND SECURITY
Mr. Reid. Good morning, Chairmen Coble and Hostettler,
Ranking Member Scott, and Subcommittee Members. Thank you for
the opportunity to speak with you today about U.S. Immigration
and Customs Enforcement and our ongoing efforts to improve the
security situation along the Mexican/United States border,
specifically in the Laredo and Nuevo Laredo areas. ICE is
working closely with a number of agencies and organizations in
both the United States and Mexico regarding ``Operation Black
Jack,'' an ICE-coordinated initiative. ICE brings to bear all
of its law enforcement and investigative powers in ``Operation
Black Jack'' to make the border safer by attacking the
smuggling organizations that operate on both sides of the
border.
ICE's mission is to protect the American people by using
our law enforcement and investigative authorities to prevent
acts of terrorism by targeting the people, money, and materials
that support terrorist and criminal activity. In Laredo and
elsewhere, that means targeting and dismantling criminal
networks, syndicates, and organizations that seek to exploit
our borders for criminal purposes. While we agree that the
criminal activity we have seen in Laredo and elsewhere along
the border in itself demands a strong law enforcement response,
there is an additional, compelling strategic reason why we must
continue to respond forcefully. Intelligence reporting shows
that terrorists have indicated an interest and a desire to
exploit vulnerabilities along the border as a means of entering
the United States. By aggressively targeting and defeating the
criminal networks--specifically, their leadership--that exploit
our borders, we simultaneously make it more difficult for
potential terrorists to insert themselves, their supporters, or
their weapons into this country through traditional human- or
drug-smuggling networks and routes.
Our Laredo office is staffed with 72 criminal investigators
and 26 personnel from the Office of Detention and Removal. In
addition, there are agents and officers from U.S. Customs and
Border Protection. CBP is the primary, front-line interdictors
of aliens and drugs seized at and between the ports of entry.
While CBP focuses on the physical border, ICE targets and takes
down the organizational muscle and the leadership that drives
and sustains this flow of illegal activity.
The Southwest border situation: As we assess the smuggling
threats, there is no location in the United States that has
greater operational tempo and varied smuggling threat than the
Southwest border of the United States. While no one should
minimize its significance, violence between smuggling
organizations is not a new phenomenon along the Southwest
border. Competition between smuggling organizations for control
of smuggling routes has been a source of violence on both sides
of the border for generations. However, smuggling organizations
also know that violence brings unwanted attention from law
enforcement, particularly when innocent victims get caught in
the crossfire.
While violence has traditionally been associated with
cross-border violent activity, the current level of violence in
the Nuevo Laredo area dramatically exceeds historical norms.
The violence in the Nuevo Laredo area is caused by intense
competition between the remnants of the Gulf Cartel and the
members of the Federation that is attempting to take control of
the important plaza. Each of these competing cartels has
established relationships with very violent criminal gangs that
act as enforcers and sow violence in support of their cartels.
The Gulf Cartel is supported by Los Zetas and other criminal
gangs, the Texas Syndicate, and Hermandad De Pistoleros
Latinos. Los Negros, including individual members of the
Mexican Mafia and MS-13, support the Federation. The
competition between these two cartels and the criminal gangs
that support them provides the fuel for the increase in
violence that we have seen in the last few years.
While ICE focuses on the violence occurring in Nuevo Laredo
and Laredo, we also remain committed to targeting the people
and organizations who support, organize, and profit from
sophisticated human-smuggling operations, a number of which are
responsible for tragic deaths of many who perish while being
smuggled into the United States. I brought a chart with me
today--which would be my first slide--that depicts the deaths--
the concentration of deaths in the Hebbronville, Texas, area in
the last year and that we are actively investigating under
``Operation Black Jack,'' and this slide is presently visible.
``Operation Black Jack.'' In response to the smuggling
organizations and networks responsible for this violence, in
2005, ICE and our Federal law enforcement, State, and local law
enforcement agencies created ``Operation Black Jack.''
``Operation Black Jack'' has two strategic goals: to gather
information on criminal activity in this area and to share it
among the Federal agencies--Federal, State, and local agencies
and make the tie between that intelligence in the criminal
activity and the cartels, and attack the human- and drug-
smuggling organizations that provide the fuel for the violence.
Through ``Operation Black Jack,'' ICE works with the Mexican
law enforcement authorities to target organized criminal
activity, drug smuggling, money laundering, alien smuggling,
arms and human trafficking, public corruption activities that
result in the border violence on both sides.
An important first step in the establishment of ``Operation
Black Jack'' was the development of an agreed-upon threat
assessment that identifies the most violent and prolific human
and drug-smuggling organizations and cells. We prioritized a
list of targets for dismantling these organizations. The threat
assessment and the prioritized list was prepared by a
collocated intelligence unit, the Laredo Intelligence Center,
which is a HIDTA-funded initiative, with participation from
ICE, CBP, the Drug Enforcement Administration, the Texas
National Guard, the Union Pacific Railroad Police, and the
Laredo Police Department. This unit has a well-established
relationship with the Federal Bureau of Investigation's McAllen
Intelligence Center, the El Paso Intelligence Center, and the
U.S. Border Patrol intelligence unit in Laredo.
The threat assessment and the target list of organizations
were provided to two blended enforcement groups: one that
focuses on the investigation of drug and money-laundering
groups identified in the assessment; and another is attacking
the most violent human-smuggling and human-trafficking
organizations.
A couple of successes from ``Operation Black Jack'' that
I'd like to highlight.
On October 11, 2005, U.S. Border Patrol agents assigned to
Black Jack received information about a residence where a
homicide suspect might be located. The information was shared
with the Laredo Police Department who investigated. The next
day the Laredo Police Department contacted ``Operation Black
Jack'' when the investigation revealed that the homicide
suspect was not there, but $342,880 in currency and 10
automatic weapons had been discovered. ICE agents, Border
Patrol agents, and ATF agents, all assigned to Black Jack,
responded. The investigation revealed that the occupant at the
residence, an illegal alien, was guarding the weapons and
currency prior to export from the United States into Mexico or
smuggling into Mexico. The individual worked for a cell, the
Joaquin ``Chapo'' Guzman organization. ICE agents seized the
money, ATF agents seized the assault rifles, and arrested the
individual for alien in possession of a firearm. That would be
my second photograph, the currency and the automatic weapons.
And then the next example I would like to highlight----
Mr. Coble. Mr. Reid, if you could wrap up. Your time is
about up.
Mr. Reid. Okay. The second example was information that was
received about individuals operating away from Laredo in a
suburb of Rockwall, Texas. The agents went up and did a search
of the residence and arrested a couple of individuals for entry
without inspection. One was a subject of a 2003 murder in
Laredo, one was a fugitive from the United States Marshals
Service.
Since its inception, Black Jack has seized more than $1
million, 300 pounds of marijuana, 300 pounds of cocaine, and
assorted weapons.
Operation Black is truly a collaborative operation with
CBP, ATF, DEA, the FBI, the Laredo Police Department, the Texas
Department of Public Safety, the Marshals Service, the Texas
National Guard, and support from the United States Attorney's
Office. It is a model that we would like to replicate--that we
intend to replicate in other parts of the United States on the
Southwest border because of the effectiveness that we have seen
in this operation.
Thank you very much, and I would be glad to take questions.
[The prepared statement of Mr. Reid follows:]
Prepared Statement of William Reid
CHAIRMEN COBLE AND HOSTETTLER, RANKING MEMBERS SCOTT AND JACKSON
LEE, AND MEMBERS OF THE SUBCOMMITTEES: Thank you for the opportunity to
speak with you today about U.S. Immigration and Customs Enforcement
(ICE) and our ongoing efforts to improve the security situation along
the Mexican/United States border, specifically in the Laredo and Nuevo
Laredo areas. ICE is working closely with a number of agencies and
organizations in both the United States and Mexico regarding Operation
Black Jack, an ICE-coordinated initiative. ICE brings to bear all of
its law enforcement and investigative powers in Operation Black Jack to
make the border safer by attacking the smuggling organizations that
operate on both sides of the border.
As the Department of Homeland Security's (DHS) largest
investigative agency and with critical responsibilities both along our
borders and within the interior, ICE can provide Congress with a
comprehensive assessment of the border-related threats to the American
people, including those we see today in Laredo. Our assessment is
derived from our presence, operations, intelligence collection and
investigations at the Ports of Entry, between them and throughout the
Nation's interior.
ICE's mission is to protect the American people by using our law
enforcement and investigative authorities to prevent acts of terrorism
by targeting the people, money and materials that support terrorist and
criminal activities. In Laredo and elsewhere, that means targeting and
dismantling criminal networks, syndicates and organizations that seek
to exploit our borders for criminal purposes. While we agree that the
criminal activity we have seen in the Laredo area and elsewhere along
the border, in itself, demands a strong law enforcement response, there
is an additional, compelling strategic reason why we must continue to
respond forcefully. Intelligence reporting shows that terrorists have
expressed an interest and a desire to exploit the existing
vulnerabilities in our border security to enter or attack the United
States. By aggressively targeting and defeating the criminal networks--
specifically, their leadership--that exploit our borders, we
simultaneously make it more difficult for potential terrorists to
insert themselves, their supporters or their weapons into this country
through traditional human or drug smuggling networks and routes.
ICE has the combined authorities for enforcing both customs and
immigration laws, which makes our approach to fighting organized
criminal activity and border violence very effective. By combining
immigration enforcement authorities with expertise in financial
investigations, we have an additional tool to hit these criminal
organizations where it hurts--by going after their money. This
combination of authorities is a powerful tool because suspects
frequently commit overlapping or related Title 8 and Title 19
violations. ICE has tools in its toolbox with which we can pursue
alleged violators.
That is what we are doing in Laredo.
There we have 72 criminal investigators and 26 personnel from our
Office of Detention and Removal. In addition, there are agents and
officers from U.S. Customs and Border Protection. CBP is the primary,
front-line interdictors of aliens and drugs seized at and between the
Ports of Entry. While CBP focuses on the physical border, ICE targets
and takes down the organizational muscle and leadership that drives and
sustains this flow of illegal activity.
THE SOUTHWEST BORDER SECURITY SITUATION
As we assess the smuggling threats, there is no location with a
greater operational tempo and varied smuggling threat than the
Southwest border of the United States. While no one should minimize its
significance, violence between smuggling organizations is not a new
phenomenon along the Southwest border. Competition between smuggling
organizations for control of smuggling routes has been a source of
violence on both sides of the border for generations. However,
smuggling organizations also know that violence brings unwanted
attention from law enforcement, particularly when innocent victims get
caught in the crossfire.
While violence has traditionally been associated with cross-border
criminal activity, the current level of violence in the Nuevo Laredo
area dramatically exceeds historical norms. The violence in the Nuevo
Laredo area is caused by intense competition between the remnants of
the Gulf Cartel, which continues to be supervised by Osiel Cardenas
Guillen despite his arrest in 2003, and Joaquin ``Chapo'' Guzman Loera
and Arturo Beltran Leyva, who are members of the ``Federation'' that is
attempting to take control of this important ``Plaza.'' Each of these
competing cartels has established relationships with very violent
criminal gangs that act as enforcers and sow violence in support of
their cartels. The Gulf Cartel is supported by Los Zetas and two other
criminal gangs, the Texas Syndicate and Hermandad De Pistoleros Latinos
(The Brotherhood of Latin Pistoleros). Los Negros, including individual
members of the Mexican Mafia and Mara Salvatrucha (``MS-13'') support
the Federation. The competition between these two cartels and the
criminal gangs that support them provides the fuel for the increase in
violence that we have seen in the last several years.
The phrase ``Plaza'' is used to describe the corridor that extends
from Southern Mexico up to the Nuevo Laredo area. Control of this
corridor translates into control of all smuggling, both of humans and
drugs, in the area and any organization that wants to smuggle in this
area has to pay a tax to the cartel that controls the ``Plaza.'' This
area is also important because of the infrastructure on the U.S. side
of the border. First, the Laredo Port of Entry is the busiest land Port
of Entry on the Southwest border, handling approximately 6,000
commercial vehicles a day. U.S. Interstate Highway 35 starts in Laredo,
Texas and provides ready access to both San Antonio and Dallas, where
both drugs and aliens can be staged prior to movement to other parts of
the United States.
However, there are aspects of the violence we are seeing that is
distinguished from other periods of instability between competing
cartels. For instance, the murder of public officials, particularly the
public execution of the Chief of Police of Nuevo Laredo within hours of
his appointment, is a sign of the lengths to which the cartels are
going to attack anyone who seeks to thwart their efforts to gain
control of the ``Plaza.''
As a point of reference, so far in 2005 the Laredo Police
Department has responded to 20 homicides, of which 13 have been
identified as drug related. Reports indicate there have been 157
reported homicides in Nuevo Laredo in 2005. Also in 2005, the Laredo
Police Department has received 10 reports of kidnappings, but 6 of
these victims have been recovered or returned. Reports from Nuevo
Laredo indicate that there have been 63 reported kidnappings this year.
By comparison, in 2004 there were 15 homicides reported in Laredo,
Texas, and 68 in Nuevo Laredo. In 2004 there were 9 kidnappings
reported in Laredo, Texas, and 46 reported in Nuevo Laredo.
While ICE focuses on the violence occurring in Nuevo Laredo and
Laredo, we also are targeting the people and organizations who support,
organize and profit from sophisticated human smuggling operations, a
number of which are responsible for the tragic deaths of many who
perish while being smuggled into the United States from Mexico. For
example, in fiscal 2005, 49 aliens died while seeking entry. The
previous year, 22 died. Because of the willingness of smugglers to
subject aliens to the extreme dangers of walking for days in the vast
areas between the Ports of Entry, more and more aliens are dying a
horrible and painful death due to dehydration and exhaustion. These
smugglers are also paying the cartels that control the ``Plaza'' for
the privilege of smuggling in this area.
The Department has been working closely with its counterparts from
the Government of Mexico in several areas, including securing our
common border, facilitating the safe, flow of people and goods across
the border, and ramping up law enforcement efforts on both sides of the
border. ICE, in collaboration with the Government of Mexico, has
established the first Binational Alien Protection Unit (BAPU) to
address human alien smuggling matters within the San Antonio region.
BAPU has developed, received and analyzed information that has
prevented violators, criminals and contraband from penetrating the
borders of the United States.
It is important to note that when the violence wrought by these two
warring cartels spreads into the United States, state and local law
enforcement are the first responders. This is why the sharing of
intelligence between ICE, U.S. Customs and Border Protection (CBP), our
other federal partners at Operation Black Jack and the State and local
officers who are the first to respond to these incidents is so
important. It provides a mechanism to enhance the free flow of
information between the federal agencies responsible for Border
Security and the agencies that respond to crimes driven by border
related violence. We also coordinate information sharing with various
federal agencies in Mexico; this ensures bilateral mechanisms are
closely coordinated.
OPERATION BLACK JACK
In response to the smuggling organizations and networks responsible
for this violence, in July 2005, ICE and our partners in Federal, state
and local law enforcement created Operation Black Jack. Operation Black
Jack has two strategic goals. 1) Increase the flow of information
between the federal agencies that are responsible for or contribute to
border security and State and local law enforcement so that crimes of
violence can be tied to the cartels that are responsible. 2) Attack the
human and drug smuggling organizations that provide the ``fuel'' for
this violence. Through Operation Black Jack, ICE works with Mexican law
enforcement to target organized criminal activity; drug smuggling,
money laundering, alien smuggling, arms and human trafficking, public
corruption activities and the resulting border violence. Based upon the
real-time exchange of tactical law enforcement information between the
United States and Mexico, Operation Black Jack has successfully
targeted numerous individuals involved in the drug cartel-related
violence in the Nuevo-Laredo region.
An important first step in the establishment of Operation Black
Jack was the development of an agreed-upon threat assessment that
identifies the most violent and prolific human and drug smuggling
organizations and cells. We then prioritized this list of targets for
dismantling. The threat assessment and the prioritized target list was
prepared by a co-located intelligence unit, the Laredo Intelligence
Center (a HIDTA funded initiative), with participation from ICE, CBP,
the Drug Enforcement Administration (DEA), the Texas National Guard,
the Union Pacific Railroad Police and the Laredo Police Department. The
unit also has a well-established relationship with the Federal Bureau
of Investigation (FBI)'s McAllen Intelligence Center, the El Paso
Intelligence Center and the U.S. Border Patrol intelligence unit in
Laredo.
The threat assessment and the target list of organizations were
provided to two blended enforcement groups--one that is focused on
investigating the drug and money laundering groups identified in the
assessment; another that is focused on attacking the most violent human
smuggling and trafficking organizations.
RECENT OPERATIONAL SUCCESSES
I want to describe for the Subcommittees a few of the recent
enforcement successes that highlight the collaborative working
environment of Operation Black Jack and the contributions we are making
to disrupt and dismantle the organizations that cause the violence on
both sides of the border.
On October 11, 2005, U.S. Border Patrol agents assigned to
Operation Black Jack received information about a residence where a
homicide suspect might be located. The information was shared with the
Laredo Police Department who investigated. The next day the Laredo
Police Department contacted Operation Black Jack when the investigation
revealed that the homicide suspect was not located there, but $342,880
in currency and 10 automatic weapons had been discovered. ICE agents,
Border Patrol agents and agents from ATF, all assigned to Operation
Black Jack, responded to the scene. The investigation has revealed that
the occupant at the residence, an illegal alien, was guarding the
weapons and currency prior to them being smuggled to Mexico and was
working for a cell that operates on behalf of Joaquin ``Chapo'' Guzman.
ICE agents seized the money as drug proceeds while ATF agents seized
the assault rifles and arrested the subject for being an alien in
possession of firearms. This kind of combined enforcement operation in
which each agency brings its expertise and experience to the table is
exactly how Operation Black Jack is operating daily.
On October 27, 2005, Operation Black Jack team members, including
the Laredo Police Department, traveled to Rockwall, Texas, after
receiving information that two subjects wanted for murder in Laredo
lived there. A search of the residence resulted in the arrest of the
two subjects wanted for drug related murders that occurred as far back
as 2003. During the warrant execution at the residence, agents also
encountered four additional subjects that were arrested for various
crimes. Two subjects were arrested by ICE for Entry Without Inspection.
One was also a person of interest in a 2003 murder in Laredo. One
subject was a fugitive from the U.S. Marshals Service. Another, the
occupant of the residence, was arrested for possession of cocaine and
marijuana. The execution of the search warrant also resulted in the
seizure by the Rockwall Police Department of $132,991, a handgun, money
counter, scales and other evidence of drug distribution. These arrests
illustrate the value of pursuing information regarding subjects wanted
for crimes of violence, even when it means traveling outside Laredo. It
also demonstrates how federal resources and authorities can contribute
to taking violent individuals off the street.
Since its inception in July 2005, Operation Black Jack has resulted
in the seizure of more than $1 million, 300 pounds of marijuana, 300
pounds of cocaine, 18 assault rifles, 2 handguns, 3 vehicles and the
arrest of 20 subjects.
In summary, Operation Black is a collaborative project that
wouldn't be possible without the active involvement of CBP, ATF, the
DEA, the FBI, the Laredo Police Department, the Texas Department of
Public Safety, the U.S. Marshals Service, the Texas National Guard and
the United States Attorney's Office, which has devoted resources to
prosecute Operation Black Jack cases.
Chairmen Coble and Hostettler, this concludes my statement. I will
be pleased to answer any questions that you or Members of the Committee
may have.
ATTACHMENT
Mr. Coble. I thank the gentleman.
We have been joined by the distinguished gentleman from
Texas, Mr. Lamar Smith, and the distinguished gentleman from
Iowa, Mr. King.
Mr. Garza.
STATEMENT OF REYNALDO GARZA, DEPUTY CHIEF PATROL AGENT, OFFICE
OF BORDER PATROL, RIO GRANDE VALLEY SECTOR, U.S. CUSTOMS AND
BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY
Mr. Garza. Good morning, Chairman Coble, Chairman
Hostettler, Ranking Members, and distinguished Committee
Members. I am honored to appear on behalf of the Office of
Border Patrol as we share your interest in the safety of our
U.S. citizens, as well as our dedicated agents that serve along
the border. I am pleased to discuss the successes and
challenges in reducing violence along the U.S.-Mexico border
and how they affect border security, as demonstrated by the
operations and law enforcement initiatives of the Office of
Border Patrol, a component of the U.S. Customs and Border
Protection. I would like to begin by giving you a brief
overview of our agency and mission.
CBP, as the guardian of the Nation's borders, safeguards
the homeland--foremost by protecting the American public
against terrorists and the instruments of terrorism, while at
the same time enforcing the laws of the United States and
fostering the Nation's economic security through lawful trade
and travel. Contributing to all this is the Border Patrol's
time-honored duty of interdicting illegal aliens and drugs and
those who attempt to smuggle them across our borders between
the ports of entry. We are concerned that terrorists may
conduct attacks and violent criminals will prey on our homeland
by exploiting smuggling routes while illegally entering the
United States. Reducing illegal migration across our borders
may help in disrupting possible attempts by terrorists or
violent criminals to enter our country.
CBP Border Patrol's National Strategy has made a
centralized chain of command a priority and has increased the
effectiveness of our agents by using intelligence-driven
operations to deploy our resources. The strategy recognizes
that border awareness and cooperation with our law enforcement
partners is critical in disseminating information and tactical
intelligence that assists in the quick and nimble response
which is essential to mission success.
The Office of Border Patrol is the first line of defense in
DHS' multi-agency effort to dismantle the violent smuggling
organizations that threaten American quality of life,
especially in South Texas. This line of defense comes at a
price: Border Patrol agents were assaulted on 548 occasions in
fiscal year 2005, 513 in fiscal year 2004, a drastic increase
from 200 assaults in fiscal year 2003. If they assault law
enforcement officers, we know they will assault the citizens of
our country.
Recognizing that we cannot control our borders by merely
enforcing at the immediate border, our strategy incorporates a
``defense in depth'' component, including transportation checks
on the U.S. side of the physical border. These checkpoints are
critical to our patrol efforts, for they deny major routes of
egress from the borders to smugglers intent on delivering
people, drugs, and other contraband into the interior of the
United States. Permanent checkpoints allow CBP Border Patrol to
establish an important second layer of defense and help deter
illegal entries through improved enforcement. This tiered
enforcement approach in the State of Texas contributed to the
seizure of over 252,000 pounds of marijuana and 9,100 pounds of
cocaine in South Texas. The 9,100 pounds represents 73 percent
of the cocaine seized nationwide by the Office of Border
Patrol.
Another example is the partnership between DHS and the
Department of Justice to develop the IDENT/IAFIS integrated
workstation for identity checks. With immediate access to IAFIS
nationwide, Border Patrol agents have identified thousands of
egregious offenders in fiscal year 2005, including 444 homicide
suspects, 598 sex crime suspects, 149 kidnapping suspects, and
11,844 suspects involved in dangerous drugs or trafficking,
which otherwise may have gone undetected. The 31,000 major
crime hits and over 120,000 IAFIS hits through fiscal year 2005
has demonstrated significant steps toward improving national
security and greatly enhancing our ability to secure our
Nation's borders.
CBP Border Patrol's objective is nothing less than a border
under operational control. We recognize the challenges that lie
ahead and the need for a comprehensive enforcement approach.
Our national strategy gives us the means by which to achieve
our ambitious goal. We face these challenges every day with
vigilance, dedication to service, and integrity as we work to
strengthen national security and protect America and its
citizens. I would like to thank you for the opportunity to
present this testimony today and for your support of CBP and
DHS. I would be pleased to respond to any questions you may
have at this time.
[The prepared statement of Mr. Garza follows:]
Prepared Statement of Reynaldo Garza
CHAIRMAN COBLE, CHAIRMAN HOSTETTLER, RANKING MEMBERS SCOTT AND
JACKSON LEE, AND DISTINGUISHED COMMITTEE MEMBERS: My name is Reynaldo
Garza, and I am the Deputy Chief Patrol Agent of the Border Patrol's
Rio Grande Valley Sector. I am honored to appear on behalf of the
Office of Border Patrol as we share your interest in the safety of U.S.
citizens, as well as our dedicated agents that serve along the border.
I am pleased to discuss the successes and challenges in reducing
violence along the U.S./Mexico border and how they affect border
security, as demonstrated by the operations and law enforcement
initiatives of the Office of Border Patrol, a component of U.S. Customs
and Border Protection (CBP). I would like to begin by giving you a
brief overview of our agency and mission.
CBP, as the guardian of the Nation's borders, safeguards the
homeland--foremost, by protecting the American public against
terrorists and the instruments of terrorism; while at the same time,
enforcing the laws of the United States and fostering the Nation's
economic security through lawful travel and trade. Contributing to all
this is the Border Patrol's time-honored duty of interdicting illegal
aliens and drugs and those who attempt to smuggle them across our
borders between the Ports of Entry. We are concerned that terrorists
and violent criminals may exploit smuggling routes to illegally enter
the United States. Reducing illegal migration across our borders will
help mitigate the danger of possible attempts by terrorists or violent
criminals to enter our country.
As the Secretary noted in his June 9 statement before the
Government Reform Committee, DHS has a cross-cutting initiative to
protect the southwest border. It encompasses the efforts of several DHS
agencies, and each agency plays an integral role. The operations
themselves involve patrolling the border, generating information, and
taking enforcement actions. The uniqueness of the Department of
Homeland Security is that it has the capability within one department
to do all of these things.
With regard to CBP, the Border Patrol's National Strategy has made
a centralized chain of command a priority and has increased the
effectiveness of our agents by using intelligence-driven operations to
deploy our resources. The Strategy recognizes that border awareness and
cooperation with our law enforcement partners is critical. Partnerships
with Immigration and Customs Enforcement (ICE), Department of the
Interior, DEA, FBI, Department of Transportation, as well as other
interagency partners, state, local, and tribal law enforcement agencies
and state Homeland Security offices play a vital role in having and
disseminating information and tactical intelligence that assists in a
quick and nimble response, which is essential to mission success.
Operation Black Jack is an example of DHS efforts in the state of
Texas. Operation Black Jack has two strategic goals. 1) Increase the
flow of information between the federal agencies that are responsible
for or contribute to border security and State and local law
enforcement so that crimes of violence can be tied to the cartels that
are responsible. 2) Attack the human and drug smuggling organizations
that provide the ``fuel'' for this violence. Since July 2005, Operation
Black Jack has resulted in the seizure of over 1 million dollars, 18
assault rifles, 2 handguns, and the arrest of 20 subjects.
The Office of Border Patrol (OBP) is the first line of defense in
DHS' multi-agency effort to dismantle the violent smuggling
organizations that threaten American quality of life, especially in
South Texas. This line of defense comes at a price: Border Patrol
Agents were assaulted on 548 occasions in FY 2005 and 523 in FY 2004, a
drastic increase from 220 in FY 2003.
The Office of Border Patrol's Laredo Sector has been recognized as
an expert in South Texas in combating alien gangs. Earlier this year,
representatives from OBP in Laredo were invited to conduct gang
presentations in San Antonio, Beeville, El Paso, Houston, and Victoria.
We are pleased to convey that Border Patrol trained over 500 law
enforcement and correctional personnel, as well as offered
presentations on gangs to numerous local organizations.
To highlight our gang enforcement activity, the Office of Border
Patrol has arrested 132 Mara Salvatrucha (MS-13) gang members. One
hundred of these arrests occurred in South Texas. However, MS-13
members have been arrested on all borders, including Northern and
Coastal, which reflects the national scope of this problem.
The Laredo Sector Prosecutions Program participated in a pilot
program for electronic filing of criminal complaints and prosecuted
8,447 individuals, including 2,151 felony complaints. The Del Rio
Sector has instituted a Fugitive Removal Program that carries out
operations by assigning Border Patrol agents to the Mexican Liaison
Unit (MLU) to work with the U.S. Marshal Service's Mexican
Investigative Liaison (MIL) Program. Law enforcement authorities
approached Del Rio Sector MLU Agents from Coahuila, Mexico, concerning
the possibility of repatriating Mexican citizens who had committed
serious crimes in Mexico and who were seeking refuge in the United
States. We have experienced great success in working this reciprocal
program with Mexico in the MIL. In 2005, eight fugitives, including
four murder suspects and one kidnapper, were turned over to the U.S.
Marshal Service by the Mexican authorities. The kidnap victim was
safely returned. All of this was accomplished as a direct result of
coordinated efforts provided by the Del Rio Sector MLU in the MIL.
Recognizing that we cannot control our borders by merely enforcing
at the immediate border, our strategy incorporates a ``defense in
depth'' component, including transportation checks on the U.S. side of
the physical border. These checkpoints are critical to our patrol
efforts, for they deny major routes of egress from the borders to
smugglers intent on delivering people, drugs, and other contraband into
the interior of the United States. Permanent checkpoints allow CBP
Border Patrol to establish an important second layer of defense and
help deter illegal entries through improved enforcement. This tiered
enforcement approach in the state of Texas contributed in the seizure
of over 252,799 LBS of marijuana and 9122 LBS of cocaine in the Laredo,
Rio Grande Valley, Del Rio, and Marfa Sectors. The 9122 LBS represents
73% of the cocaine seized nationwide by the Office of Border Patrol.
DHS will continue to assess, develop, and deploy the appropriate
mix of technology, personnel, and information sources to gain,
maintain, and expand coverage of the border in an effort to use our
resources in the most efficient fashion. As an example, the use of
technology, including the expansion of camera systems, biometrics,
sensors, air assets, and improving communications systems can provide
the force multiplier that CBP Border Patrol needs to be more effective.
An example is the partnership between DHS and the Department of
Justice to develop the IDENT/IAFIS integrated workstation, which
captures a single set of fingerprints and submits them simultaneously
to DHS' Automated Biometric Identification System (IDENT) and DOJ's
Integrated Automated Fingerprint Identification System (IAFIS) for
identity checks. With immediate access to IAFIS nationwide, Border
Patrol agents have identified thousands of egregious offenders in FY
2005, including 444 homicide suspects, 598 sex crime suspects, 149
kidnapping suspects, and 11,844 suspects involved in dangerous drugs or
trafficking, which otherwise may have gone undetected. With 31,414
major crime hits and 120,268 total IAFIS hits through fiscal year 2005,
we have made significant strides towards improving national security
and greatly enhancing our ability to secure our Nation's borders.
The United States continues to experience a rising influx of
nationals other than Mexicans (OTMs) illegally entering the country.
OTM apprehensions totaled 165,175 for FY05 over FY 04's record number
of OTM apprehensions of 75,389. The 219% increase in the apprehension
of OTM illegal entrant aliens has created additional challenges in
bringing a level of operational control to the border. In response, DHS
expanded the use of Expedited Removal (ER) proceedings for OTMs
throughout the Southwest border. ER proceedings, unlike section 240
removal hearings between apprehension and removal, shorten the duration
of time between apprehension and removal. In September 2005, Secretary
Chertoff announced the expansion of ER across the southwest border. A
significant increase in bed space was allocated to support this
expansion. Brazilian nationals were the initial focus for the ER
program, and the influx of Brazilian nationals across the southwest
border has been significantly reduced. ER has proven to be an effective
enforcement tool for the southwest border.
CBP is also working with the Government of Mexico on various
initiatives including:
Information Sharing--Border Patrol Liaison Program
units share information related to terrorist threats and
special interest aliens with the Government of Mexico. This
effort has resulted in 468 arrests of non-Mexicans in violation
of Mexican immigration laws. Mexican authorities have
identified many criminal organizations and issued multiple
arrest warrants for alien smuggling.
Border Security Initiative--As this hearing is about
both safety and security, I would like to mention the Border
Patrol's ``Border Safety Initiative or BSI. In Fiscal Year
2005, southwest border deaths increased by 41% (464 in FY05 vs.
330 in FY04) and southwest border rescues have increased by 91%
(2570 in FY05 vs. 1347 in FY04). These statistics indicate that
a secure border will not only have an important law enforcement
component, but also yield the humanitarian benefit of saving
lives. Security and safety and inextricably linked.
CBP Border Patrol's objective is nothing less than securing
operational control of the border. We recognize the challenges that lie
ahead and the need for a comprehensive enforcement approach. Our
national strategy gives us the means by which to achieve our ambitious
goal. We face these challenges every day with vigilance, dedication to
service, and integrity as we work to strengthen national security and
protect America and its citizens. I would like to thank you for the
opportunity to present this testimony today and for your support of CBP
and DHS. I would be pleased to respond to any questions that you might
have at this time.
Mr. Coble. Thank you, Mr. Garza.
Mr. Bonner.
TESTIMONY OF T.J. BONNER, PRESIDENT, NATIONAL BORDER PATROL
COUNCIL, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO
Mr. Bonner. Thank you, Chairman Coble, Chairman Hostettler,
other distinguished Members of the Subcommittees. The National
Border Patrol Council represents about 10,000 Border Patrol
employees, and we have a slightly different take on the reasons
for this increase in violence. It is the law of unintended
consequences.
When we began the crackdown at the border back in the mid-
1990's, very few people anticipated that what we would do would
be to line the pockets of the smugglers. The cost of smuggling
has increased tenfold since that time, from $200 to $300 per
person, to $2,000 to $3,000 per person, and we are just talking
about people coming from Mexico to the United States. The
farther away from the United States you get, the more the
profit margin rises. This has led to a squeezing out of the
small-time operators and a taking over of these operations by
the drug cartels and other organized criminals. And now what we
are seeing is a power struggle between these organized criminal
elements battling for control over the very lucrative human
smuggling component.
Obviously, the drug-smuggling component remains lucrative,
but the human-smuggling element ranks right up there at the
present time. This is very troubling, and it is something that
can be easily prevented by recognizing why all of these people
are coming to the United States.
Back in the 1992 Presidential campaign, Democratic
political strategist James Carville had a sign over his desk,
which read, ``It's the Economy, Stupid,'' reminding him that
that was the issue.
I would suggest that Secretary Chertoff and every member of
this Administration who has anything to do with immigration
enforcement needs to put a sign over their desk saying, ``It's
the Jobs, Stupid.'' That's why people are coming to this
country. And as long as we pretend that we can stop people at
the border from seeking a better way of life, people who are
making on average $2 to $4 a day and can come up here and make
15 to 50 times more working in the United States in an
unskilled job, they will come. And we are not enforcing the
laws at the work site now, and we need to start doing that.
The laws that we have are somewhat flawed, I admit that.
What we need to do is simplify it so that an employer has one
document to scan through a reader, call an 800 number, and get
an answer in very short order telling that employer, yes, this
person is authorized to work here, or, no, this is person is
not authorized to work here.
Turning off the jobs magnet will eliminate 98 percent of
the people coming across the border, allowing Federal law
enforcement and State and local law enforcement agencies to
focus on those drug smugglers and other criminals who operate
within impunity right now at the border. We are not being very
effective in stopping anything, either people coming across or
drugs. If you look at the street price of drugs now, it is
lower than it has been for some period of time, indicating that
the supply it outpacing the demand.
On the other hand, the supply of people coming across is--
there's a great demand in the United States for people coming
to work here illegally, as evidenced by the fact that the
illegal population continues to grow. The latest low-end
estimate is 11 million people, and it could be as high as 15 or
20 million people in this country illegally. And they're
primarily here for one purpose--to get jobs.
Now, I'm not saying that we don't need additional resources
to fight against the terrorists and the criminals. We clearly
do, and legislation that was introduced by Congresswoman
Jackson Lee addresses many of those concerns. It would provide
the Border Patrol and other border law enforcement agencies
with necessary resources to carry out the fight against
criminals and terrorists crossing our borders. But until we
address the underlying cause of people coming across the
border, we should not be surprised when people come across by
the millions every year, and we should not be surprised that
violence is escalating because we have contributed to this
perfect storm. We have set the stage for this to become a very
lucrative industry for organized crime.
I thank you for your attention and look forward to your
questions.
[The prepared statement of Mr. Bonner follows:]
Prepared Statement of T.J. Bonner
The National Border Patrol Council thanks the Subcommittees for the
opportunity to present the views and concerns of the 10,000 front-line
Border Patrol employees that it represents regarding the growing
problem of violence along the southwest border of the United States.
Although violence along the border between the United States and
Mexico is by no means new, the frequency and ferocity of the latest
surge are cause for alarm on both sides of the border. In the past
year, for example:
More than 150 people have been murdered in the town
of Nuevo Laredo, Mexico, just south of the U.S. border town of
Laredo, Texas, many of them as a result of the struggle between
the rival Gulf and Sinaloa cartels for control of the highly
profitable smuggling corridor leading into the United States.
This caused the U.S. Department of State to issue a travel
advisory earlier this year warning tourists of the potential
dangers associated with that region.
The number of assaults against Border Patrol agents
nearly doubled, increasing from 354 in Fiscal Year 2004 to 687
in Fiscal Year 2005.
In order to curb these disturbing trends, it is first necessary to
understand their causes:
In the early 1990's, the Federal Government embarked on an
ambitious project designed to secure our borders. Over a dozen years
later, although that goal remains as elusive as ever, a few lessons are
emerging. Predictably, in those areas where significant resources were
allocated, illegal cross-border traffic was significantly reduced. The
Border Patrol's ``strategy of deterrence,'' which emphasizes high-
visibility positioning of vehicles within a few yards of the
international border, has made agents vulnerable targets for an
increasing number of attacks. These include hand-thrown rocks and
Molotov cocktails, various projectiles launched by slingshots, as well
as bullets fired from guns. Although most of these attacks are carried
out as diversions intended to facilitate smuggling operations, their
consequences are no less dangerous to Border Patrol agents.
Despite significant budgetary and personnel increases for the
agencies charged with securing our borders, the overall volume of
traffic did not decline; it merely shifted to different areas. Upon
reflection, the reasons for this are fairly obvious: The standard of
living in developing nations has not improved significantly, and the
disparity between unskilled wages in the United States and in those
countries remains high. This, coupled with the nearly complete lack of
worksite enforcement in the United States, continues to lure millions
of people annually in search of employment. As long as illegal aliens
are able to find work and settle in the United States without fear of
detection and removal, they will continue to cross our borders
illegally in large numbers.
Long before the current crackdown at the border began, drug cartels
also engaged in a limited amount of alien smuggling to facilitate their
primary illicit operations. As the difficulty of being smuggled into
the United States increased, the cost of being smuggled into the United
States also began to rise, and small-time smugglers were squeezed out
of the picture. The current cost of passage into the United States is
about ten times greater than it was before the crackdown began. Gangs
such as Mara Salvatrucha, commonly known as MS-13, have also entered
the smuggling arena. All of these factors have resulted in violent
struggles for control of these lucrative smuggling operations. Although
most of this violence is directed at rival organizations, there is an
inevitable spillover that touches innocent civilians and law
enforcement officials on both sides of the border.
The United States and Mexico share the blame for this deplorable
situation. Both countries have largely turned a blind eye to illegal
immigration, vainly hoping that borders which are essentially wide-open
to millions of laborers desirous of crossing can somehow be sealed off
against terrorists and other criminals. Because of this hypocritical
policy, traditional law enforcement responses to the problem of
violence along the border will do little to reduce it. The only
meaningful solution lies in effectively addressing the underlying cause
of illegal immigration.
Until the employment magnet is dramatically weakened or eliminated,
millions of impoverished people will continue to attempt to enter the
United States illegally every year. Their desperation will cause them
to do whatever it takes, including paying whatever price is asked, to
be smuggled across our borders. This is problematic for two reasons.
First, it perpetuates an extremely profitable illicit trade that
engenders violent rivalries among cartels and gangs. Second, the
massive volume of this influx makes it nearly impossible for law
enforcement agencies to focus on vital anti-terrorism efforts or
effectively prevent other criminals from illegally entering the United
States.
The Illegal Immigration Enforcement and Social Security Protection
Act of 2005 (H.R. 98) would provide powerful disincentives to those
seeking to cross our borders illegally in search of employment, as no
employer would hire them unless they possessed a valid counterfeit-
proof Social Security card. For this reason, the National Border Patrol
Council strongly supports that legislation.
This would effectively put an end to the lucrative human smuggling
trade, and allow the Border Patrol and other law enforcement agencies
to focus their limited resources on preventing terrorists and other
criminals from entering the United States. In order to achieve this
goal, these agencies need adequate and suitable resources, policies,
and support. The Rapid Response Border Protection Act of 2005 (H.R.
4044) would provide many of these much-needed measures, and is also
strongly endorsed by the National Border Patrol Council.
In summary, the growing problem of violence along our borders is
largely attributable to failed government policies that have resulted
in the disintegration of the enforcement of our immigration laws. Until
the underlying cause of the problem is addressed, it is unrealistic to
expect that the symptoms will miraculously disappear.
Mr. Coble. Thank you, Mr. Bonner, and I want to thank each
of the witnesses for the role that you all perform each day.
It's very vital, and I appreciate it very much.
Mr. Cuellar, even though you don't sit on the Judiciary
Committee, you do represent Laredo, very vital to this hearing.
We would be happy for you to come to the podium if you would
like to sit up here.
Mr. Cuellar. No, thank you. I will just listen.
Mr. Coble. Gentlemen, we impose--incidentally, we have been
joined by the distinguished lady from--gentlelady from Texas,
Ms. Jackson Lee, and the distinguished gentleman from South
Carolina, Mr. Inglis.
Gentlemen, we impose the 5-minute rule against ourselves as
well, so if you all could be terse with your answers, that way
we can move along.
Mr. Swecker, Mexico has become a major source of heroin as
well as a principal transit and distribution point for cocaine
being transported from Mexico to U.S. markets. In fact, I have
been advised that Mexican cartels may well be displacing
Colombian traffickers to this end.
What measures is the FBI taking, Mr. Swecker, to circumvent
Mexican drug cartels and dismantle their organizational
structure and drug-trafficking network?
Mr. Swecker. Chairman Coble, we have liaison officers in
five different cities along the border. They work directly with
our Mexican counterparts, and we have, as I mentioned, over 50
OCDETF investigations. What's significant about that is that we
have designated certain drug-trafficking organizations through
the OCDETF process as consolidated priority targets. That means
everybody is going after them at the same time with all of
their resources.
I think one of the reasons that we're experiencing all of
this violence just across the border is because we have, in
fact, indicted both leaders of the Gulf Cartel: Juan Garcia
Abrego, who is in jail, an American jail now; Osiel Guillen
took over from him. He's also indicted, is in a Mexican jail at
this point.
So we're a little bit a victim of our own success because
that splintered the--and we've had several cartels now go after
the Gulf Cartel because they're perceived to be in a weakened
state, and that is why they're moving into their territory.
That's the primary cause of the violence. But we continue to go
after the leadership of both sides of these two--there's
another group, as I mentioned, called the Federation. We're
going to after all of their leaders as well.
All the agencies along the border are working this.
Mr. Coble. Thank you, sir.
Mr. Garza, with four bridge crossings and millions of
pedestrians and vehicular traffic crossing between Laredo and
Nuevo Laredo each year, the task facing CBP, Customs and Border
Protection, obviously is daunting, particularly considering
that many criminals cross the border without contraband, yet
having the intent to commit crime on the U.S. side of the
border.
What training and intelligence do your agents receive in
order to ensure that individuals crossing into the United
States are not members of a gang or cartel and are not crossing
specifically to commit a crime?
Mr. Garza. Chairman, beyond the basic academy, both the CBP
officers at the ports of entry who actually work at the
international bridges and the U.S. Border Patrol agents, we
have the on-the-job training, the senior patrol agent training
dealing with antiterrorism. Gang-related information and
intelligence is shared with each of the officers that are
working at both the ports of entry and speaking specifically
about Border Patrol agents and what training we get nationwide,
has to do with mandated CBP and Office of Border Patrol
National Headquarters training that we receive, each agent
receives regarding not only how to deal with them but how to
recognize them. And then each intelligence office, which is
established in every sector and at every port of entry--well, I
can't say every port of entry, but the office in charge in the
case of Laredo would be one office over three or four of the
bridges. Each one of those offices receives information and
direction from headquarters to have this training, and it is
periodic. We do it within our office semiannually.
Specifically, the intelligence offices in each one of those
sector offices and the ports of entry offices are responsible
for getting this training to each one of the officers. It is
name recognition. It is face recognition. It is actual on-the-
job type work and training.
Mr. Coble. Thank you, sir.
Mr. Bonner, how effective do you believe is the level of
cooperation between Federal law enforcement agencies with one
another, and between Federal law enforcement agencies and State
and local agencies?
Mr. Bonner. There is definitely room for improvement in all
of those areas, sir. One of the issues that's being debated now
is whether CBP and ICE should remain as separate entities or be
merged together. One of the problems from that division was the
lack of communication between those two entities, and that has
hampered the cooperation that is necessary to address some of
these very severe problems. And I would just like to comment on
the earlier question about the training.
The training and the systems that we have in place I
believe are pretty much adequate for identifying people coming
in to do us harm, except for terrorists who have no record and
there's no way of making that recognition. The problem is we're
only catching 25 to 33 percent of the people who are crossing
the border, so the ones who get by you, you don't have any
inkling of who they are and what they might want to do once
they get by us.
Mr. Coble. I thank you. My time has expired.
The gentleman from Indiana, the Chairman of the Immigration
Subcommittee.
Mr. Hostettler. I thank the Chairman.
At the outset, Mr. Bonner, you touched on an issue of
tremendous concern to me and put it in a context for this
hearing that I think is important to understand. Let me ask you
a question. You talked about the jobs magnet and that if we
turned off the jobs magnet, we would--I think you said that we
would take care of 98 percent of the illegal crossings. Is that
correct?
Mr. Bonner. Right.
Mr. Hostettler. So let me ask you this: In the context of
violence, cross-border violence and violence committed by
illegal aliens in the country in general, if the jobs magnet
does not fuel violence as a result of what you are talking
about, does it give oxygen to the fire of violence that is
sweeping across our country, and especially in the border
regions?
Mr. Bonner. I think it does because you have criminal
enterprises that are taking advantage of the desperation of
people who are willing to pay whatever price it takes to get
into the United States. You know, when you have people from
China paying $50,000 to be smuggled into the United States--and
these are peasants who can't afford that--they sell themselves
into indentured servitude for 7 to 10 years to pay that bill.
It shows the level of desperation of people, and what we have
here is a situation wherein the criminals are taking advantage
of that desperation, charging high rates, and now we have that
power struggle because it has become such a lucrative industry.
Mr. Hostettler. It also seemed in your testimony that it's
growing at such a rate that it's, if not more lucrative,
growing more lucrative than even the drug trade.
Mr. Bonner. I believe it is. I believe that it has probably
equaled, perhaps not surpassed, but it has become an extremely
lucrative industry for the smugglers. And whereas, before, the
drug trade would have some human trafficking so that they could
have people act as mules to bring the drugs across or to serve
as diversions, now it's become their bread and butter.
Mr. Hostettler. Very good.
Mr. Swecker, do we know how these--in your investigation of
these gang members, especially gang members but those that are
not--that are foreign-born that commit significant crime in our
country, do we know how they cross the border, meaning do they
cross the border in stealth as gangs, or do they come across
the border in groups of individuals that we would potentially
refer to as ``economic refugees,'' those that are coming to
America for a better way of life? Do they meld into those
groups of people, or do they come here in gangs as gang members
when they come here?
And then to follow on that, are most of these gang members
illegally in the country? And how do the gangs recruit? Do they
recruit from the illegal immigrant population or the legal
immigrant population?
Mr. Swecker. Okay. As far as how they come in, I think they
take advantage, of course, of the daily flow of illegal
immigrants across the border. They obtain false documentation
whenever they can. I think the answer is all of the above. But
you do know also that these ports of entry are controlled
mostly by the drug traffickers, and in most instances, that's
why the violence is taking place there, is to not only
controlling the drug-trafficking corridors but in some cases--
in many cases the illegal migration corridors as well.
As far as how they recruit, you're absolutely right, they
take advantage of the sort of separation and alienation that
these youth experience when they come into the United States
and they don't have that support structure and they don't have
anything to belong to, and particularly if they're young, in
their teen years, when they're very vulnerable to recruitment,
they catch them when they're 16, 17, 18, and 19, sometimes even
younger than that.
Mr. Hostettler. Are they in the country illegally? Not only
are they young, but are they in the country illegally? Or are
they--do they have family members, parents that are in the
country illegally? Or is there any correlation there,
significant correlation?
Mr. Swecker. I don't have any hard data for you, but I
think that's both as well. But I think most of the young
members that they're recruiting are here legally.
Mr. Hostettler. Legally. All right.
Mr. Swecker. They're second generation, third generation.
Mr. Hostettler. Okay. Thank you.
I thank the Chairman.
Mr. Coble. I thank the gentleman.
The distinguished gentleman from Virginia, Mr. Scott.
Mr. Scott. Thank you, Mr. Chairman.
Mr. Garza, what ID--if an American goes to Mexico and comes
back, what kind of ID do you need to cross the border?
Mr. Garza. Basic--what kind of ID?
Mr. Scott. Yes.
Mr. Garza. That would be--actually, the inspector doesn't
really require a U.S. citizen--through discussions with the
person who is either driving, walking, coming across the port
of entry at the bridge, will hold a discussion, ask a question,
and through their training and their law enforcement
experience, make a determination about whether they're telling
the truth or not and whether they are entering the country and
are a legal citizen of the United States.
Mr. Scott. There's no formal ID requirement?
Mr. Garza. No, sir. If they ask for--the inspector at--
whether it's at the inspection lane, vehicular, or in the
pedestrian lane, will ask the question of the person coming to
present themselves, and will ask enough questions and probe
enough to satisfy that they are U.S. citizens, and if they're
not, then they require the documents of that person.
Mr. Scott. Okay. Mr. Swecker, or, I guess, anybody,
recently they have formed a lot of task forces to try to deal
with this issue. What kind of operational results can we show
to demonstrate that these task forces are actually successful?
Mr. Swecker. You know, we can talk about arrests, we can
talk about drug seizures. I guess the real result we're all
looking for is the elimination of the violence, and what I
would suggest to you, sir, is I spent 8 years in South Florida
working drugs on the streets down there, as did my colleague
behind me. When we saturated South Florida with law
enforcement, that squeezed everything down to the Mexican
Southwest border. That was a business decision that was made by
the drug traffickers and----
Mr. Scott. Well, if the goal is to try to reduce drug use
in America, squeezing it and changing it, does that help
accomplish a goal? You spend all that money squeezing and
changing, and the drug dealer--or the drug user in southern
Florida goes to his dealer and he still gets the drugs. Is that
right?
Mr. Swecker. That's right, as long as there's a market and
a demand in the U.S. for the drugs. What I'm suggesting----
Mr. Scott. Wait. So long as there's a demand and a market
for drugs, all of this just changes how it gets there. You
haven't reduced the drug use in America with all this Border
Patrol and everything else. Is that right?
Mr. Swecker. Yes, sir. What I'm suggesting is that how many
arrests, how many seizures--we've been doing that for 25 years.
That doesn't--I don't believe that's a measure of success
necessarily. It's reducing the demand in the U.S.
Mr. Scott. Okay. I'm not sure who this would be aimed at,
but some of the people coming across illegally are children. Is
that right, Mr. Garza?
Mr. Garza. Yes, sir. A small percentage are juveniles.
Mr. Scott. What do you do to make sure they are treated
humanely?
Mr. Garza. Depending on the country that they are from,
Congressman, but the majority being from the country of Mexico,
we have a very close relationship with the Mexican Consul.
There are several in our area of responsibility, particularly
from the Rio Grande Valley Sector, Deep South Texas, and there
are three offices there. We deal directly with them. Upon the
apprehension or detention of someone under age, we immediately
contact that consul--in this case, the Mexican consul. If they
are from another country other than Mexico, then we contact the
Office of Detention and Removal, and they contact that
particular consul, whether it be Honduran, Guatemalan, wherever
they may be from. And then they do get special care. They are
taken to--if we do not have the detention space, they're taken
to a place where we have contracted with so they can get the
proper care there until they can be either joined up with their
family members or returned to their country.
Mr. Scott. Changing subjects a little bit, I represent a
shipping port, and one of the challenges is trying to inspect
the material without gumming up the commerce. When you are
trying to get stuff, a lot of it trying to deliver in 24 hours,
if you're stuck at the port for 3 days, you know, the commerce
gets adversely affected.
How does this work in a land port crossing the Mexican
border? Can you facilitate commerce and still inspect the
cargo?
Mr. Garza. Yes, at the ports of entry, they have
equipment--they're not all equipped, and I don't believe that
all of them are adequately equipped--with what they call gamma
ray scanners, and most of them are now on a rail system which
allows for many multi-truck lanes to be checked and cargo--a
lot at the land ports does come by truck, some by railroad. But
those--that's one way that they are dealing with the enormous
amounts, and Laredo is one----
Mr. Scott. But you could do more inspections if you had
more equipment.
Mr. Garza. That's correct.
Mr. Scott. Did anybody request, make a budget request for
that equipment?
Mr. Garza. Yes, sir, we did.
Mr. Scott. And what happened to it?
Mr. Garza. I don't know--because I'm representing the
Office of Border Patrol, I would not be able to answer that,
Congressman Scott. It's the Office of----
Mr. Scott. But to the best of your knowledge, the equipment
hasn't been purchased. Notwithstanding the fact that you
requested the money, you didn't get the money. Is that right?
Mr. Garza. I cannot speak to that, Congressman.
Mr. Scott. Where could we track down what the request was?
Mr. Garza. We can get those for you from the office of the
district that's in charge of that.
Mr. Scott. Thank you.
Mr. Coble. I thank the gentleman.
We've been joined by the distinguished gentleman from Ohio,
Mr. Chabot. Good to have you with us, Steve.
The gentlelady from Texas, Ms. Jackson Lee, who is the
Ranking Member for the Immigration Subcommittee.
Ms. Jackson Lee. Thank you very much, Mr. Chairman. This is
obviously a hearing long in coming, and I am delighted that we
have the combined Committees with the Ranking Members and other
Members of the Subcommittee on Crime and the Subcommittee on
Immigration and Claims.
Allow me, first of all, to ask unanimous consent that my
entire opening statement may be submitted into the record.
Mr. Coble. Without objection.
[The prepared statement of Ms. Jackson Lee follows:]
Prepared Statement of the Honorable Sheila Jackson Lee, a
Representative in Congress from the State of Texas, Member of
Subcommitte on Crime, Terrorism, and Homeland Security
Although I am concerned about the violence in Nuevo Laredo,
territorial integrity is my main concern as the Ranking Member of the
Subcommittee on Immigration, Border Security, and Claims.
On August 12, 2005, New Mexico's Governor Bill Richardson issued an
Executive Order declaring a State of Emergency along the New Mexico-
Mexico border. Governor Richardson declared that the southern border of
New Mexico had been devastated by the ravages and terror of human
smuggling, drug smuggling, kidnaping, murder, destruction of property,
and the death of livestock.
On August 15, 2005, Arizona Governor Janet Napolitano declared a
State of Emergency along the Arizona-Mexico border. According to
Governor Napolitano, illegal border crossings run as high as 3,000,000
a year, and this has resulted in an increase in the threat to public
health and safety from gangs, coyotes, and others engaged in dangerous
criminal activities along the Arizona-Mexico border.
On October 12, 2005, Texas Governor Rick Perry announced a
comprehensive security plan for the Texas-Mexico border region.
Governor Perry asserted that Al Qaeda and other terrorists and criminal
organizations view the porous Texas-Mexico border as an opportunity to
import terror, illegal narcotics, and weapons of mass destruction.
State Governors should not have to resort to such drastic actions.
I know, however, that the federal government is working on the border
security problems. For instance, the administration announced recently
that it is abandoning its ``catch and release'' policy, which was being
applied to aliens who are from countries other than Mexico (known as
``OTMs'').
Although Mexican nationals who are caught crossing the border
illegally can be returned to Mexico, the Mexican government will not
accept the return of OTMs. Due to the lack of detention facilities, the
OTMs have had to be released. More than 100,000 OTMs have been released
already this year. Terrorists can use this situation as an opportunity
to enter the country illegally without drawing any attention to
themselves. It is not possible to thoroughly screen more than 100,000
OTMs a year before deciding whether to release them. I am pleased that
the administration intends to stop the catch and release practice, but
I do not know how the administration can detain the OTMs with the
available detention facilities.
Mexico also has cooperated in dealing with the OTM situation. Most
of the OTMs come from Latin American countries, and Mexico recently
restricted access to its visa waiver program and established visa
requirements for the citizens of most Latin American countries,
including Brazil and Ecuador. This will make it more difficult for
people from Latin American countries to use Mexico as a stepping stone
to make an illegal entry into the United States.
The administration, however, has not done enough to secure the
border. The Border Patrol needs more agents and more resources. My
Rapid Response Border Protection Act, H.R. 4044, would meet these needs
by providing critical resources and support for the men and women who
enforce our immigration, customs, and other laws.
This would include adding 15,000 Border Patrol agents over the next
five years, increasing the number of agents from 11,000 to 26,000. It
would require the Secretary of the Department of Homeland Security
(DHS) to respond rapidly to border crises by deploying up to 1,000
additional Border Patrol agents to a State when a border security
emergency is declared by the Governor. It would add 100,000 more
detention beds to ensure that those who are apprehended entering the
United States unlawfully are sent home instead of being released into
our communities. And, it would provide critical equipment and
infrastructure improvements, including additional helicopters, power
boats, police-type vehicles, portable computers, reliable radio
communications, hand-held GPS devices, body armor, and night-vision
equipment.
We will not have a secure border until we provide the Border Patrol
with the equipment and resources that it needs.
Thank you.
Ms. Jackson Lee. And I will summarize it but also say that
my tardiness to this meeting was because I was in a Homeland
Security meeting voting on the Committee product that would
ultimately go to the floor on border security.
To my dismay, of course, some of the vital issues that
we're discussing right now may not have had a full impact, and
let me just suggest the following: We are very concerned about
violence at the border, in particular coming from Texas,
knowing full well the extent and the range of the needs there
on the border, including New Mexico, Arizona, and other border
States like California also having firsthand experience,
watching the Border Patrol and ICE agents in place and in
operations and standing at border sites watching the inspectors
work and doing a very good job in detaining and/or detecting
fraudulent and false documents.
But it speaks to the point that, one, we must find the crux
of the reason for such a flow of undocumented illegal
immigrants and illegal immigration, and I think Mr. Bonner has
made a very excellent point, and for someone who represents
Border Patrol agents to be so sensitive that we're dealing with
an economic crisis.
I'm delighted that my colleague, Congressman Cuellar, is
here and was in the room because he has been a steadfast, if
you will, advocate for some reasonable response to the crisis
in the border.
But to the two chairmen and Ranking Member, what speaks to
this crisis is that we have three States--New Mexico, Arizona,
and Texas--where the Governors have had to themselves take up,
if you will, arms and issues on the question of border
security. I maintain that the whole question of the failed
policies of the United States as it relates to border security
have resulted in these crisis States. I do believe that we have
the capacity, the talent, and should have the resources that
the security of the border should be a Federal responsibility.
And to do that, we must provide the funding and the staffing
and the resources for those who are entrusted with the
responsibility.
The Minutemen of the early Founding Fathers certainly
brings to us great patriotism, and we certainly welcomed them
in that historical perspective. I don't believe we welcome them
as securers of the border. It is violent. It is difficult. It
is long. It is large. And that is not the appropriate way to
begin to address the questions of border security.
Let me thank all of the front-line men and women who serve
every single day, struggling with resources and, of course,
needing more resources that could make them more effective. We
know today that as it relates to OTMs that was just mentioned,
that even today we are having difficulty with Mexico in this
situation. Although Mexico has cooperated with the various
requests on OTMs, it is understood that although Mexican
nationals who are caught crossing the border illegally can be
returned to Mexico, at this point the Mexican Government will
not accept the return of OTMs. And due to the lack of
facilities, the OTMs have had to be released. And more than
100,000 OTMs have been released already this year. Terrorists
can use this situation as an opportunity to enter the country
illegally, to address the question of drugs and otherwise.
I offer into the amendment, Mr. Chairman, this following
article: ``Eight people accused of smuggling girls for
prostitution.'' It was the second suspected sex ring to be
targeted in 2 months, November 15, 2005, the Houston Chronicle.
I ask unanimous consent.
Mr. Coble. Without objection, it will be received.
Ms. Jackson Lee. Thank you, Mr. Chairman.
[The article follows:]
Article submitted by the Honorable Sheila Jackson Lee: ``8 People
Accused of Smuggling Girls for Prostitution,'' Houston Chronicle
(November 15, 2005)
Ms. Jackson Lee. Accused eight Houstonians of smuggling
girls into--girls and young women. The opening paragraph says,
`` `The promise of legitimate jobs was used to lure girls and
young women to Houston from Central and South America,' Federal
authorities said Monday. But what they got is rape, beatings,
and the threat of even worse were used to force them into
prostitution once they were here. The women told the
investigators that the customers were charged $200 to $500 per
night, but that the women were not allowed to keep any money.
Others said $500 to $600 per week selling drinks to male
customers but received only $50 a week.''
Mr. Swecker, let me ask a series of questions. Mr. Swecker,
what I understand is happening at the border--and, by the way,
would you answer whether or not the FBI has been investigating
or is involved in helping to investigate the missing Americans
that are on the border? But what I understand this violence has
generated around is the whole question of drugs. And I think
it's important in this hearing to separate out the violence
dealing with drugs and the violence dealing with the question
of smuggling or illegal immigrants so that when we develop
policy initiatives and resources, we will understand what the
best approach is.
If my good friend Mr. Garza could answer the question just
simply about what our friends at the border need, meaning our
Border Patrol agents--for example, portable computers, handheld
global positioning system devices, night vision equipment, body
armor, weapons, power boats, helicopters, whether this kind of
package--and, of course, the collecting of detention beds that
might be helpful in some of the detainment issues--would be
helpful? And would you also comment on your distinguishing
between the violence of drugs and individuals coming over for
economic reasons, though they may be undocumented and illegal,
how that distinguished in your work. Mr. Swecker?
Mr. Swecker. Yes, with respect to kidnappings, we're
working each one of them--I mean, there are many that are not
reported, as I mentioned earlier, for fear of reprisals, for
fear of the fact that some of these individuals may or may not
be involved in the drug trade. We have 35 open investigations
right now. We estimate there's another 40 or so that have not
been reported. We can't get the information out of the victims.
So we're working those very, very aggressively. Twice now we
have passed information to the Mexican authorities which
resulted in the rescue of about 44 kidnapping victims down
there, only one of which was a U.S. citizen, and that citizen
was wanted in the U.S. for murder.
So we're working very aggressively, to answer that
question.
Ms. Jackson Lee. If you'll give me a written report, if you
would, I'd appreciate it.
Mr. Swecker. Yes, ma'am.
Ms. Jackson Lee. Thank you.
Mr. Swecker. And you had a second question about----
Ms. Jackson Lee. Drugs.
Mr. Swecker. Drugs and the violence associated with the
drugs. As we talked about earlier, there's been a lot of good
enforcement activity down on the border on both sides. The
resulting violence has been the type of situation that results
from the leadership of these cartels being taken out and other
groups perceiving weakness and trying to move in on the
lucrative corridors. And you have the Mexican authorities on
the other side who either are thoroughly intimidated or part of
the problem in the form of corruption or who just can't do
anything about it. They're not as powerful as the cartels, the
cartels having hired essentially their own armies to go at it.
And they're going at it with AK-47s and grenades and RPGs and
that type of thing. I've seen some horrendous videos. One
instance, it was actually a documented video of the battle in
the streets for 30 minutes.
So it does stem from the drug trade, and as I mentioned
earlier, there wouldn't be a drug trade if we didn't have the
high demand on this side.
Ms. Jackson Lee. Thank you.
Mr. Garza?
Mr. Garza. Yes, ma'am, thank you for the question.
In response to the resources and equipment, most definitely
we can always use more. We have a lot of territory to cover, in
the Rio Grande Valley Sector, if I could speak specifically
about the sector I work in, 313 or so river miles, 250 coastal
miles that we're responsible for in the State of--the lower
State of Texas that goes down to the mouth of the river at
Brownsville, Texas, or Port Isabel, to cover that much
territory.
We know that an increase in resources--that a combination
of the increase in those resources, not only manpower resources
but what America's Shield Initiative is doing now in getting
the technology into us, to our area, the infrared cameras. Of
course, the helicopters with infrared and flare capability are
a big, positive thing for the type of law enforcement we're
involved in. But it has to be a combination of those things in
the way of resources.
As far as illegal drugs and aliens, we have found in our
intelligence gathering--and this is working very closely with
the Mexican Government, our partners at ICE, FBI, and other
agencies, Federal agencies and local, is that the smugglers--
part of the reason for--another reason for the violence there
is that they are trying to move both--trying to move both types
of commodities, both contrabands, both people and any type of
contraband in the drug realm through and trying to see who can
take control of those particular people.
As Mr. Bonner gave testimony to earlier about the smuggling
groups and the type of people that are coming in and how
they're trying to come in and the reasons they're coming in,
it's a combination of those two, using both those type of
contrabands to get--rather, I'm sorry, the smuggling
organizations fighting over to bring in both types.
We have found that some of the organizations are moving
both types of contraband, and that's the reason for the
violence and the turf wars that they have there.
Mr. Coble. The gentlelady's time has expired. We'll try to
do a second round.
Ms. Jackson Lee. I thank the distinguished gentleman.
Mr. Coble. You bet. We have two more Members. The gentleman
from Ohio is recognized for 5 minutes.
Mr. Chabot. I thank both chairmen for holding this very
important hearing. This is a problem that we've faced for many
years in this country, and I want to thank this panel for being
here, and apologize also for having a conflict in my scheduling
and not having been here at the early part of this hearing. So
if I ask anything that's already been asked, I apologize for
that in advance as well.
I happen to represent the city of Cincinnati. Could you
tell me what measures are being taken to capture and detain
members or connections with the Mexican cartels in U.S. cities?
So if they've made it in here and they have connections where a
lot of the drugs are going, what involvement do you have with
respect to American cities? And I'll throw that open to
anybody.
Mr. Reid. I would like to take a stab at answering that. I
think that when we're looking at drug-smuggling investigations,
generally speaking, what happens at the border and information
that we obtain from either the border investigations or
information that we obtain in Mexico from the Mexican
Government or through investigations we have in Mexico is
shared throughout the country. For example, ICE agents that
would be working in Cincinnati would have the access and
availability to any information that was gathered in any drug-
smuggling investigation in any office, any ICE office in the
country.
In addition to that, I think that, generally speaking, the
Federal agencies work well in task forces, for example, the
OCDETF task forces and the HIDTA task forces, in which there is
identification of the organizations that are--that do the
smuggling and the distribution into the United States.
So among the sharing of information, working jointly on
task forces, I think that we are attacking the problem anywhere
and everywhere that it exists in the United States.
Mr. Chabot. Thank you.
Does anybody else want to take a stab at that? Mr. Swecker?
Mr. Swecker. Just briefly, with respect to the OCDETF
program and cities like Cincinnati, which are what we call the
heartland cities, there was a time when we just went after
targets of opportunity. Whoever--whatever information you had,
you moved on that particular drug organization.
At this point we share intelligence on a national level,
and we've designated certain drug organizations as the top
organizations to go after collectively. Those are called CPOTs,
consolidated priority target list organizations. There's
another level down called RPOTs, which are regional targets. We
go over those as well, and they're approved by a committee. The
idea is to have everybody focused at the same time at the same
targets. A city like Cincinnati would have an inventory of
those types of cases, and they would have both RPOT and CPOT
type cases. They'd be working major cartels as they related to
the node in Cincinnati, and they would be working in
conjunction with whoever else had open investigations on that
CPOT target, but also their own targets, who would be one tier
down as well.
I think it's a good approach because it's an intelligence-
driven approach to drug cases.
Mr. Chabot. Thank you.
My second question has to do with--so many times we find
out that while you all are fighting the battle or your
colleagues or associates are fighting the battle, there's
corruption at various levels, whether it be officers or
sometimes all the way to the top on the other side.
How do you go about determining whether or not we're all on
the same team and who the bad apples are and making sure that
they're not tipping off or putting your people in even more
dangerous situations than they otherwise would be? What is the
process that you go through there? And is there any way it
could be improved? Is there any way we could help, for example?
Whoever would, again, like to answer that. Mr. Reid?
Mr. Reid. Yes, I think that you're referring to the notion
of corruption in Mexico and the sharing of information.
Mr. Chabot. Yes.
Mr. Reid. I worked on the Southwest border in the middle
part of my career in the 1990's, and at that time we were very
reluctant to share information with either the Federal or the
State or local law enforcement agencies within Mexico for the
fear of corruption. But at that time, even at the Federal
level, we were able to get cooperation. In fact, as a case
agent on a significant money-laundering case in Tucson, I was
able to get records from the Hacienda, which is the Mexican
version of the Treasury.
What I observe from the mid-1990's to 2005 is that the
Mexican Government seems to have made a concerted effort at
cleaning up its law enforcement from the Federal Government on
down, so that we are able to share more closely information
with the Mexican Government, specifically or particularly at
the Federal level, with CESIN, their intelligence operation,
and with AFI, their version of the FBI, that we work very well
with them, which translates to work we can do at the border,
work we can do targeted toward the smuggling organizations in
Cincinnati in other places.
So at the Federal level, I think we're doing okay. When it
gets down to the Mexican state level and the municipal level I
think is where we have more problems. And the way I look at it
is this: It's that in the Mexican economy, the law enforcement
officers at the state and local level do not get paid very
much, and looking at the drug cartels and the significant
amount of money that's generated by the trafficking and the
smuggling of drugs and by the taxes--taxes, if you will--that
they charge the human-smuggling organizations, et cetera, to
move through their territory, the wealth that they have is
significant.
And when you're looking at the law enforcement at the state
and municipal level over there, you look at an officer who may
not get paid very much in his or her job, and the cartel, which
has significant money, and so that there is, you know, some
buy-off of the state and local officers.
Mr. Coble. The gentleman's time has expired, and do you
want to wrap up real quickly?
Mr. Reid. If I can make one more.
Mr. Coble. All right.
Mr. Reid. In addition to that, there's the threats of
extortion and intimidation on the local law enforcement
officers, even ones who are not--who would not be willing
recipients of the bribes from the cartels.
Mr. Chabot. Thank you.
Mr. Coble. I thank the gentleman from Ohio.
The distinguished gentleman from Arizona is recognized for
5 minutes.
Mr. Flake. Thank you, Mr. Chairman. And thank you. I
apologize for not having heard the testimony. I've looked
through some of the written testimony.
Mr. Reid, can you estimate how many of those coming across
the border, let's say the Mexican border, into either
California, Arizona, or New Mexico or Texas, are coming with
criminal activities in mind or as drug runners or smugglers?
Mr. Reid. Are you asking how many people----
Mr. Flake. Yes, what percentage of the total that are
coming across.
Mr. Reid. That's a figure that I don't have and----
Mr. Flake. Would anybody venture a guess as a percentage?
Mr. Bonner. Congressman, when they married the Border
Patrol's fingerprint system with that of the FBI, in the first
4 months 8 percent of the people had criminal records to some
degree. Now, obviously, not all of these people were murderers
or rapists. A few of them were. So I think that that's--and
that's just the ones that we caught, which is perhaps 25 to 33
percent of the total traffic coming across.
Mr. Flake. Okay. But most estimates put it around--well,
some say as many as 99 percent of those coming across are
coming across for solely economic reasons. But say it's 95 or
so. Mr. Garza, if we were to have a legal framework for workers
to come and then return home through border checkpoints,
assuming that if they could come for work through a legal
channel and then return home, how much easier would that make
it for the Border Patrol to actually--and for Customs and for
our entire enforcement operation, to actually target those who
are coming for reasons other than work?
Mr. Garza. Congressman, there would definitely be--for the
people who were involved in the program, there would be--the
safety issues would--the officer safety issue basically would
go away. However--and I can't speak to the investigative side
of the house. We don't have that responsibility. But the fraud
and all that we've seen historically in any type of a program
that would have some sort of a worker program would increase
for that agency, whether ICE would be involved in that or--more
than likely it would be ICE. But I believe that enforcement-
wise there might be a slight decrease in the issue of the
violence and so forth because you're going to have some sort of
legal mechanism, and as long as it's for the people who are
outside of the country making application for that type of
program; however, if you do it within the country, then I don't
believe that that's going to change any of the issues. And the
people outside the country will feel like I should have been
there when that benefit was given and withdraw at that----
Mr. Flake. Well, we are talking about a benefit that would
in some way touch those who are here legally now, but it would
also provide an avenue for those coming, say, from Mexico or
through Mexico who are able to secure a legal job or legal
presence through a temporary worker program. Under the old
bracero programs--and nobody's trying to replicate that--there
were a lot of problems with it. But it was said that
apprehensions at the border went down about 95 percent because
there was a legal avenue for people to come through.
All I'm trying to suggest--and I want your input and, Mr.
Bonner, you may want to comment on it. Wouldn't it be easier to
actually target those with the resources that we have, even
enhanced resources, if some 90 percent, 95 percent are actually
coming through legal border checkpoints? Then the resources
that we have could be better focused on those who are coming to
do us harm, the criminals that we're worried about. Mr. Bonner?
Mr. Bonner. Assuming that you're willing to close the back
door. As long as you leave open the possibility that people can
come in and get work if they're in the country illegally, why
would anyone bother to use the front door?
Mr. Flake. Right. That's a very important point, and that's
why you've got to have the interior enforcement and workplace
enforcement that really would make any program like this work.
But assuming you could and people knew that the only way that
they could get here and work is through a legal process, then
certainly targeting those who are coming for criminal activity
would be easier, would it not? Mr. Reid or Mr. Swecker, do you
want to comment on that?
Mr. Reid. Yes. In our view, from the investigation's point
of view, it certainly would be. But I think that you have hit
it right, Congressman, that in addition to that, you need to
have the effective work site enforcement or the interior
enforcement program that perhaps increases penalties, civil and
criminal, for those who knowingly or blindly knowingly--you
know, willful blindness, hire illegal aliens. I mean, there has
to be that part of that--that part of it has to be more
effective.
Mr. Flake. I couldn't agree more. Couldn't agree more. Any
other comments? Yes.
Mr. Swecker. Just briefly, I think the best thing that's
happened recently is the marriage of the fingerprint systems,
the two fingerprint systems. The only way to know who's really
coming across the border is biometrically. Documents can be
forged easily, and when we finally merged those two systems, I
think it was a revelation as to who was coming across.
Mr. Flake. Thank you.
Thank you, Mr. Chairman.
Mr. Coble. Folks, we have a vote on right now. There's
going to be three votes, and I dislike having to inconvenience
the panel, but I do think this probably warrants, if you all
don't mind, if you all will cool your heels, as the old saying
goes, then we'll be back as soon as we can.
Let me start my second question. I think we can get to that
before we go. Los Zetas and similar type enforcement arms of
the cartels have engaged, obviously, in violent activities,
even threatening the security of U.S. nationals. Given these
factors, do you all think it would be appropriate to designate
the Zetas as a foreign terrorist organization, A? And would
such designation aid in your efforts to prevent them from
further extending their tentacles into our area? Whoever wants
to handle that. Mr. Swecker?
Mr. Swecker. I'm not sure we really--i think we would be
mixing apples and oranges and confuse the definition of a
terrorist organization. And we define a terrorist organization
as an organization that's trying to effect political change
through violent means in our country. The Zetas are purely an
enforcement arm of a criminal organization that's engaged in
the pursuit of profit, money. And I think--I don't think that
that would be a viable thing to do to mix and match those, but
I think we should give them special designation of some kind to
go after them.
Mr. Coble. Mr. Reid, very briefly.
Mr. Reid. Very briefly, I don't think--also, I don't think
it would aid us in any way to designate them as terrorist
organizations because the substance of what they do is violent
criminal activity, and we have the laws--State, Federal,
local--to go after that sort of violent activity.
Mr. Coble. Well, let me extend what the gentleman from Ohio
said. This becomes very delicate territory. He talked to you
about corruption, and I think it's commonplace, I have been
told, that corruption in sensitive areas in Mexico is, in fact,
rampant.
Conversely, do we have any evidence that such corruption is
practiced on this side, on our side of the border in sensitive
areas--border guards, Customs agency, for example?
Mr. Garza. Chairman, while we do have a very small
percentage of people that we must discipline or terminate
within our organization--and we attribute that to the
supervision--supervisory levels and the supervisory training
that we have and the current ratio, which we're trying to get
down to a 5:1 ratio of agents. And that basically that type of
supervision over your employees--and, of course, in our
uniformed type of operation, it's easy for us to tell who is
who. I couldn't speak for the investigative branch, but I
assure you, it's a very small, small percent.
Mr. Coble. Well, I was hoping that would be the answer.
Yes, Mr. Reid? Again, quickly, because we have got to get
to the floor.
Mr. Reid. Okay. There is no comparison between the
corruption that we see in Mexico and what----
Mr. Coble. I wouldn't think so.
Mr. Reid. There's the human nature factor. That's it.
Mr. Coble. Well, when greed rear its ugly head, all of us
are vulnerable, I guess.
Thank you all. If you all will stand in recess----
Mr. Gohmert. Mr. Chairman?
Mr. Coble [continuing]. And then--yes, sir?
Mr. Gohmert. Would you yield for just a moment on that same
question?
Mr. Coble. Very quickly.
Mr. Gohmert. Are you aware of how many complaints there are
pending against people at the higher levels of ICE and CIS?
Mr. Reid. No, I don't have those----
Mr. Gohmert. You don't have any numbers on that?
Mr. Reid. No, I don't.
Mr. Coble. If you could get numbers, we'd be glad to get
those.
If you all stand in recess, folks, we will--some of us will
return. Thank you all for your patience.
[Recess.]
Mr. Coble. I appreciate your patience and the patience of
those in the hearing room. I know the gentlelady from Texas has
another question. I think I've exhausted my questions. If we
can get Ms. Jackson Lee in, we can conclude this. Is she on her
way?
Very well. While we are treading water and stalling for
time, I just want to thank you all for your appearance here
today and for your patience. Oftentimes, this--sometimes--I
don't mean this in a demeaning way, but sometimes we operate
not unlike a circus around here, and we never know when that
bell's going to ring, and inevitably it oftentimes rings right
in the middle of a hearing, as was the case this morning.
So if you all will suspend for the moment, and if anybody
wants to be heard while we're waiting for Ms. Jackson Lee,
anybody have any issues on your mind that we haven't touched
upon?
[No response.]
Mr. Coble. Okay. Well, we'll just rest easy until she gets
here then. Thank you.
[Pause.]
Mr. Coble. The gentleman from Indiana is here, so we will
yield to him and recognize him for 5 minutes. Thank you, Mr.
Hostettler.
Mr. Hostettler. Thank you, Mr. Chairman.
Mr. Reid, I tend to agree with Agent Bonner with regard to
the jobs magnet and the part that it plays in the way I look at
it being creating a haystack, if you will, a huge haystack
which law enforcement must deal with the needles in that
haystack from time to time. And that haystack is created as a
result of literally millions of people coming into our country
every year illegally and wanting to better their economic
status and get a job in our country.
That being said, under the former INS, special agents
performed many tasks that are essential to the enforcement of
our Nation's immigration laws, such as employer sanctions
audits and jail checks for criminal aliens.
The first question is: Does ICE believe that special agents
should perform these tasks today? I guess that's my first
question.
Mr. Reid. Okay. We recognize the necessity for those type
of tasks, but whether they should be for special agents, no.
Special agents are criminal investigators, as are the FBI
special agents or DEA, et cetera. And the focus of our criminal
investigations needs to be organizations, et cetera,
organizations that smuggle--that participate in human
smuggling, facilitate the human smuggling, et cetera. So the
agents do the criminal investigative work.
In the 2006 budget, we were fortunate enough to get money
to hire within Investigations different job classes, which we
are working the details out on that right now where we would
look at hiring auditors who would go out and do the--to work
sites and do the I-9 audit, that kind of thing. But they would
not be special agents. They would be auditors in the same--
perhaps in the same sense that DEA has a compliance unit and
ATF would have a compliance unit.
Mr. Hostettler. Okay. So this is not a holdover policy that
is taking place in ICE as it was in INS.
Mr. Reid. Well, at the present, yes, it is. But we are
working toward, you know, creating a different organization. So
working----
Mr. Hostettler. So that special agents do----
Mr. Reid. Criminal investigation, yes.
Mr. Hostettler. But in the old INS, they did employer
sanctions audits.
Mr. Reid. Employer--now, if we're talking about work site
enforcement, work site enforcement is a very important part of
our criminal investigation program, and it really has--there
are three elements to it that we're looking at. One is that
we're looking for the large employers that could potentially
hire illegal aliens in certain job markets--retail,
agricultural, et cetera--to the largest employers, looking
toward those larger to develop cooperative agreements with them
in which they would patrol their own police forces, in a sense.
It's a compliance concept that is very similar to what is
conducted by CBP in the trade area, where you create an
environment in which employers will look at their own
workforces or their own trade goods in the CBP arena to work
toward the common goal of keeping, you know, illegal aliens out
of the workforce. So that's one part of it.
A second part of it would be where we look at what we call
egregious violators, and that would be the criminal, looking at
criminal violations with respect to the hiring of illegal
aliens. And a part of that, as Secretary Chertoff has stated on
a number of occasions, would be to increase and enhance the
civil and criminal penalties related to the hiring of illegal
aliens.
And then the third part of the work site enforcement is
what we call critical infrastructure, the CIP program, where we
look at employers who are involved in any sort of critical
infrastructure. For example, on military bases, contractors on
the military bases making sure that their workforces do not
include--or create an environment in which the illegal aliens
can be part--can be on the base and, you know, perhaps in
secure areas.
So work site enforcement is very important, and special
agents will continue to do that.
Mr. Hostettler. I appreciate the testimony and the
sentiment that work site enforcement is very important. I
believe it is, too. But the problem that we have is convincing
our constituents of that. For example, the GAO did a study
recently that found there were three notices of intent to fine
that were actually issued in 2004. When I talk to my
constituents about that, the only thing that we can
collectively gather from that is, according to this
Administration, that there were three locations in the United
States of America that had employed illegal aliens in 2004.
Most of our folks are not willing to accept that, and I
appreciate that work site enforcement is important, and I think
numbers would go a long way to prove that to our constituents.
Let me move on now so that--my time is limited. Let me ask
Agent Garza--and, without objection, may I have an additional
minute?
Mr. Coble. An additional minute will be granted.
Mr. Hostettler. Thank you.
Agent Garza, we saw some pretty troubling slides with
regard to the fire power that is available for the people that
you and your fellow agents have to deal with. Are Border Patrol
agents adequately resourced, adequately armed to meet--we heard
earlier about grenades and RPGs--full auto assault weapons,
RPGs, grenades. Are you well armed, adequately armed,
adequately resourced to meet this onslaught?
Mr. Garza. Fortunately, we have recently received resources
that have brought our firearms capabilities to a much higher
level. We, of course, all receive a firearm, a sidearm that we
carry in our holster on our belt when we leave the academy. All
other training for long arms--or, rather, issuance of long arms
is done at the sector headquarters. Each individual sector does
that. Each one of the sectors has a long arm, an automatic--
well, that's a semiautomatic M-4, and shotguns available to
each agent for checkout.
In addition to that, we have our special response teams at
each sector that also have the fully automatic versions of
the--well, different manufacturers make them for us, but we
have fully automatic weapons for a particular corps of special
response team members.
As far as adequate training, we train--our training
requirement, firearms training requirement, is more than, I
think, anyone else, I think Federal, and any State and local
for sure. We do that quarterly. Every agent must be trained in
all weapons that he or she is authorized to carry four times a
year.
And so I'll speak for my sector individually. Everyone
there has access to one of these types of firearms, especially
the sidearm, but any other long arm they are entitled to.
Now, is that--can we combat--with that fully automatic
weapon, even in the hands of a Border Patrol agent, can you
combat things and the type of weapons that can be brought upon
us by a terrorist? At this point, no, we wouldn't be prepared
for a hand grenade attack or an RPG attack. That's one thing.
And we're very vulnerable. On the river, as we use boats in our
sector to actually get on the international border, in the Rio
Grande River, for more than anything else a deterrent effect
and gather intelligence--we don't do any interceptions on the
river, but you can see that someone--an agent's there, and the
safety issue, officer safety factor, where they have a 360
degree--yes, where they can potentially get attacked from. But
with what we have now and what we do in those particular areas
that we patrol, we have the best that we can acquire at this
time.
Mr. Hostettler. Thank you.
Mr. Garza. You're very welcome.
Mr. Coble. The gentleman's time has expired. I thank the
gentleman.
Ms. Jackson Lee is recognized.
Ms. Jackson Lee. I thank the distinguished gentleman. I
hope that that partnership between the Chairman and Ranking
Member of the Subcommittee on Crime, that your partnership with
Chairman Hostettler and myself, I think we need to have a
border security bill out of this Committee. And I would hope
that maybe we would have one with a lot of the elements that
we've discovered here today.
Might I start off with Mr. Bonner, and I want to thank him
for being engaged in law enforcement. And, frankly, every time
he has an opportunity to speak, he confronts the reality of our
immigration system that we will not be able to stop illegal
immigration without countering it with issues dealing with the
economic concerns and dealing with--I think we were also
discussing employer sanctions as I came in, or those questions
were being raised.
But your point is vital because if we can't come together
around some of the larger issues that we have an economic
system that is broken in Mexico and other parts of South
America--I am sure there would be some who take issue to my
terminology of ``broken,'' but might I just simply say there
are large numbers of individuals who come for economic reasons.
If we're given that, I think that we should then spend a
lot of our time in addition to a comprehensive immigration
system, and as you well know, I've written Save America
Comprehensive Immigration bill that includes protecting
American jobs. But we must look at border security
realistically, and it disturbs me that there is a sense of
penny-pinching and also that there is a sense that the front-
line officers may not be doing all that they can do.
Help me--you mentioned earlier the Rapid Response Border
Protection Act of 2005, which was a result of inquiring of a
number of law enforcement agencies, which include the Border
Patrol, also, of course, ICE officers and DEA officers, some
very front-line individuals. It also covers my going to the
border, walking along the borders, being there at night,
watching, if you will, the lack of equipment, but really the
lack of personnel. And Mr. Garza said it very well--I want him
to restate that--when I asked him a question. The miles--I know
he said 313 river miles, which really requires helicopters, and
then he will recite for me the land miles.
But let me ask you, if you would, to speak about, Mr.
Bonner, specifically this approach in legislation and how we
can pierce the understanding on it. Let me raise these points.
Speak to what comes out of Border Patrol agents having the
ability to deploy 1,000 additional Border Patrol agents to a
place of crisis, like Laredo, for example. Speak to the value
of having a sufficient number of detention beds. We have
supported anywhere from 40,000 increase to legislation that
includes 100,000 beds, and, of course, not unrealistically, but
gathering together Federal, State, and local facilities. Speak
to the idea of what additional helicopters and powerboats and
reliable radio communications, handheld GPS devices, and body
armor and night vision may do, but also I think it's important
to get on the record what it means to have a good recruitment
process and what it means to be able to have Border Patrol
agents who feel comfortable in the bargaining process.
Now, I have never heard of Border Patrol agents striking or
doing something untoward away from their duty. But it would be
helpful to know how valuable that is for the men and women on
the front lines to know that we care enough about them that we
want to hear their issues, we want to discuss their issues, we
want to fix their recruitment program, and we want to work on
these facets.
Mr. Garza, I'd like you to answer--I'm interested in re-
establishing the Border Patrol anti-smuggling unit. I know that
it was moved, but you have to teach us. And I believe that if
you even had two and those two segments worked together between
ICE and between Border Patrol--and I know that we're supposed
to be coordinated. But I think there was something to the
front-line individuals confronting these smugglers right there
on the scene and being able to track their prosecution.
Remember, I'm the State that had the tragedy of Victoria. I'm
the State that is seeing constantly the utilization abuse of
women. And so I'd like you to speak forward-like and
straightforward-like. Mr. Bonner, would you--I yield to you.
Mr. Coble. Mr. Bonner, if you'll suspend, I'm not trying to
put anybody on an assembly line deal here, but we got to get
out of here pretty soon, so if you all could be very terse, if
it's okay, in response to----
Ms. Jackson Lee. And we thank the Chairman for his
indulgence.
Mr. Coble. You are indeed welcome.
Mr. Bonner?
Mr. Bonner. Picture the illegal flow of whatever--people,
drugs--as a long, skinny balloon that stretches from one part
of the border, the Pacific Ocean, to the Gulf of Mexico. You
squeeze it in one spot, and it's going to migrate to another
spot, which is why it's important to have the ability to
rapidly response, because we've seen it in San Diego. When we
put pressure there, it moved over to other parts of California,
ultimately to Arizona. As we put pressure on Arizona, we are
seeing it emerge in New Mexico and in Texas, and back in
California. That is important.
Equipment for Border Patrol agents to do their job is also
absolutely vital. You can't just expect agents to go out there
with the sidearm and a radio that in some parts of the country,
many parts of the country where we patrol, can't communicate
with other radios because of inadequate infrastructure.
All of these things are necessary if we expect our Border
Patrol agents to do the job that they were hired to do. And in
the interest of time, I'll yield to Mr. Garza.
Ms. Jackson Lee. Thank you.
Mr. Garza?
Mr. Garza. Thank you. In regards to the smuggling unit,
even prior to us becoming part of DHS and specifically CBP,
even under INS the anti-smuggling unit were special agents.
They were designated as special agents.
The Border Patrol has never been an investigative branch or
had an investigative branch within the Border Patrol. These
agents--at that time, anti-smuggling agents were assigned to
the sector chiefs, and, yes, they were a very valuable tool to
us because of the immediate intelligence that we could pass on
to them, the furtherance of an investigation. It was someone
who was within the same office.
However, I believe now--and we've gone through the
transition period. It's been a couple of years now with ICE and
other law enforcement--Federal law enforcement agencies, but
specifically ICE because they now have the assets that were
once ASU, under their direction, anti-smuggling unit agent went
directly over to the ICE office, now working for them, and they
do a number of different types of investigations, of course,
narcotics and alien smuggling.
Our direct contact with them, because there was a
separation of an office, anyway, when it was ASU, is really no
different. Yes, the chief would--no doubt some of the chiefs,
and maybe the majority, would like to have that under their
command as a sector entity organization. However, the fact that
they--that ICE still and has proceeded to create a smuggling--a
human-trafficking unit, they have group supervisors in charge
of that. We reach out to them, and the working relationship--at
least I can speak directly for several Texas sectors--is
outstanding. Any calls that we have, any intelligence, we pass
on to ICE. We have a joint task force where Border Patrol
agents--again, not investigators--but do work closely with that
task force and our members of the task force are there with
ICE. The information is passed on immediately, and we get
immediate reaction from the ICE agents in that investigative--
--
Ms. Jackson Lee. If I may, the Chairman is getting ready to
gavel, but I assume if Congress decided they'd like to have the
anti-smuggling unit as it was before, to create that hand-in-
glove relationship, you all would welcome it.
Mr. Garza. Yes, ma'am.
Ms. Jackson Lee. Mr. Bonner, let me just--you speak to a
lot of agents on the ground. Would that be a comfortable fit if
that was to be restored again? Because that investigatory arm
would be right close up to those who are out on the field.
Mr. Bonner. Absolutely. It's something that we sorely miss.
And not to contradict Mr. Garza too much, but the level of
investigations--the number of investigations, rather, has
declined, the smuggling investigations. We're simply not
putting people out of business the way we used to. And, yes,
others would rise up and take their place, but we miss that,
and that's a tool that we need back.
Ms. Jackson Lee. Well, let me, Mr. Chairman--and the two
chairmen, let me thank you all very much. I do want to put
something on the record. We worked in a bipartisan manner on
these two Committees. I want DHS Leg. Affairs to know that when
a Democrat Ranking Member asks for a witness, it is acceptable
for that witness to be a witness of a Democrat. We all happen
to be citizens of the United States committed to promoting the
support and issues that are important. Let us not have that
kind of petty party politics in an issue as important as border
security and the securing of America.
With that, Mr. Chairman, I yield back and thank you for
this hearing.
Mr. Coble. Well, again, I thank Chairman Hostettler and
Ranking Member Jackson Lee from----
Ms. Jackson Lee. Chairmen, plural.
Mr. Coble [continuing]. Texas--pardon?
Ms. Jackson Lee. Chairmen, plural.
Mr. Coble. Oh, yes. And the gentleman from Virginia, who is
not--I think he's in another Committee right now. But I thank
the witnesses as well. The Subcommittee very much appreciates
your contribution.
In order to ensure a full record and adequate consideration
of this very important issue, the record will be left open for
additional submissions for 7 days. Also, any written questions
that a Member wants to submit should be submitted within that
same 7-day period.
This concludes the joint oversight hearing on ``Weak
Bilateral Law Enforcement Presence at the United States-Mexico
Border Area: Territorial Integrity and Safety Issues for
American Citizens.'' Thank you again for your cooperation, and
the Subcommittee stands adjourned.
[Whereupon, at 12:49 p.m., the Subcommittee was adjourned.]
A P P E N D I X
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Material Submitted for the Hearing Record
Reponses to questions for the Record from Chris Swecker, Assistant
Director, Federal Bureau of Investigation
----------
Responses to questions for the Record from Ray Garza, Deputy Chief
Patrol Agent, U.S. Customs and Border Protection
----------
Responses to questions for the Record from William Reid, Acting
Assistant Director, Office of Investigations, U.S. Immigration &
Customs Enforcement