S. HRG. 109-51 STRENGTHENING BORDER SECURITY BETWEEN THE PORTS OF ENTRY: THE USE OF TECH- NOLOGY TO PROTECT THE BORDERS JOINT HEARING BEFORE THE SUBCOMMITTEE ON IMMIGRATION, BORDER SECURITY AND CITIZENSHIP AND THE SUBCOMMITTEE ON TERRORISM, TECHNOLOGY AND HOMELAND SECURITY OF THE COMMITTEE ON THE JUDICIARY UNITED STATES SENATE ONE HUNDRED NINTH CONGRESS •"T^f.RY Of ,, ^ FIRST SESSION / ' ^°\> APRIL 28, 2005 \ Serial No. J-109-18 Printed for the use of the Committee on the Judiciary U.S. GOVERNMENT PRrNTING OFFICE 21-922 PDF WASHINGTON : 2006 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800; DC area (202) 512-1800 Fax: (202) 512-2250 Mail: Stop SSOP, Washington, DC 20402-0001 COMMITTEE ON THE JUDICIARY ARLEN SPECTER, Pennsylvania, Chairman ORRIN G. HATCH, Utah PATRICK J. LEAHY, Vermont CHARLES E. GRASSLEY, Iowa EDWARD M. KENNEDY, Massachusetts JON KYL, Arizona JOSEPH R. BIDEN, JR., Delaware MIKE DEWINE, Ohio HERBERT KOHL, Wisconsin JEFF SESSIONS, Alabama DIANNE FEINSTEIN, California LINDSEY O. GRAHAM, South Carolina RUSSELL D. FEINGOLD, Wisconsin JOHN CORNYN, Texas CHARLES E. SCHUMER, New York SAM BROWNBACK, Kansas RICHARD J. DURBIN, Illinois TOM COBURN, Oklahoma DAVID BROO, Staff Director MICHAEL O'NEILL, Chief Counsel BRUCE A. COHEN, Democratic Chief Counsel and Staff Director SUBCOMMITTEE ON IMMIGRATION, BORDER SECURITY AND CITIZENSHIP JOHN CORNYN, Texas, Chairman CHARLES E. GRASSLEY, Iowa EDWARD M. KENNEDY, Massachusetts JON KYL, Arizona JOSEPH R. BIDEN, JR., Delaware MIKE DEWINE, Ohio DIANNE FEINSTEIN, California JEFF SESSIONS, Alabama RUSSELL D. FEINGOLD, Wisconsin SAM BROWNBACK, Kansas CHARLES E. SCHUMER, New York TOM COBURN, Oklahoma RICHARD J. DURBIN, Illinois JAMES HO, Majority Chief Counsel JIM FLUG, Democratic Chief Counsel SUBCOMMITTEE ON TERRORISM, TECHNOLOGY AND HOMELAND SECURITY JON KYL, Arizona, Chairman ORRIN G. HATCH, Utah DIANNE FEINSTEIN, California CHARLES E. GRASSLEY, Iowa EDWARD M. KENNEDY, Massachusetts JOHN CORNYN, Texas JOSEPH R. BIDEN, JR., Delaware MIKE DEWINE, Ohio HERBERT KOHL, Wisconsin JEFF SESSIONS, Alabama RUSSELL D. FEINGOLD, Wisconsin LINDSEY O. GRAHAM, South Carolina RICHARD J. DURBIN, Illinois STEPHEN HlGGINS, Majority Chief Counsel STEVEN CASH, Democratic Chief Counsel LC Control Number (ID 2006 372300 LL KF 26 .J8526 2005a Copy l CONTENTS STATEMENTS OF COMMITTEE MEMBERS Page Coburn, Hon. Tom, a U.S. Senator from the State of Oklahoma 5 Cornyn, Hon. John, a U.S. Senator from the State of Texas 1 prepared statement 66 Kyi, Hon. Jon, a U.S. Senator from the State of Arizona 3 Leahy, Hon. Patrick J., a U.S. Senator from the State of Vermont, prepared statement 78 WITNESSES Aguilar, David, Chief, Office of Border Patrol, Customs and Border Protection, Department of Homeland Security, Washington, D.C 7 Evans, Kirk, Director, Mission Support Office, Homeland Security Advanced Research Projects Agency, Science and Technology Directorate, Department of Homeland Security, Washington, D.C 9 QUESTIONS AND ANSWERS Responses of Mr. Aguilar and Mr. Evans to questions submitted by Senator Grassley 37 SUBMISSIONS FOR THE RECORD Aguilar, David, Chief, Office of Border Patrol, Customs and Border Protection, Department of Homeland Security, Washington, D.C, prepared statement .. 40 American Immigration Lawyers Association, Kathleen Campbell Walker, Na- tional Second Vice President, Washington, D.C, statement 50 Evans, Kirk, Director, Mission Support Office, Homeland Security Advanced Research Projects Agency, Science and Technology Directorate, Department of Homeland Security, Washington, D.C, prepared statement 69 Pew Hispanic Center, Jeffrey S. Passel, Senior Research Associate, Wash- ington, D.C, report 79 Taylor, Henry F., Distinguished Professor of Electrical Engineering, Texas A & M University, College Station, Texas, statement 90 LIBRARY <?>- CONGRESS LIBRARY CF CONGRESS dm STRENGTHENING BORDER SECURITY BE- TWEEN THE PORTS OF ENTRY: THE USE OF TECHNOLOGY TO PROTECT THE BORDERS THURSDAY, APRIL 28, 2005 UNITED STATES SENATE, SUBCOMMITTEE ON IMMIGRATION, BORDER SECURITY AND CITIZENSHIP AND THE SUBCOMMITTEE ON TERRORISM, TECHNOLOGY AND HOMELAND SECURITY, COMMITTEE ON THE JUDICIARY, Washington, D.C. The Subcommittees met, pursuant to notice, at 3:00 p.m., in room SD-138, Dirksen Senate Office Building, Hon. John Cornyn, Chairman of the Subcommittee on Immigration, Border Security and Citizenship, presiding. Present: Senators Cornyn, Kyi, and Coburn. OPENING STATEMENT OF HON. JOHN CORNYN, A U.S. SENATOR FROM THE STATE OF TEXAS Chairman CORNYN. This joint hearing of the Senate Sub- committee on Immigration, Border Security and Citizenship and the Subcommittee on Terrorism, Technology and Homeland Secu- rity will come to order. I first want to express my gratitude to Chairman Specter for scheduling this hearing. This hearing is the third in a series of joint hearings that Senator Kyi and I and our Subcommittees have had together to examine our immigration system from top to bot- tom. And I want to express my gratitude here publicly to Senator Kyi for his hard work and his partnership in working with me and our staff on these issues. As Senator Kyi and I announced a few weeks ago, we are work- ing closely together and will continue to work with other Senators as well to identify and develop solutions to the critical problems that affect our immigration system. I want to express my gratitude as well to the Ranking Member of my Subcommittee, Senator Ken- nedy, as well as Senator Feinstein, the Ranking Member on the Terrorism Subcommittee, as well as their staffs, for working with us to make these hearings possible. To be successful, any effort to reform and to strengthen our immigration system in the United States Senate must be a bipartisan effort, and we look forward to continuing to work with our colleagues to that end. A few weeks ago, the Senate approved a broad, bipartisan sense of the Senate resolution, a resolution introduced by Senator Fein- stein and myself. That resolution demonstrated to my mind that (l) there is a growing consensus across the partisan and ideological spectrum that our immigration system is badly broken and fails to serve the national interests of our national security and our na- tional economy and undermines respect for the rule of law, and that in a post-9/11 world, national security demands comprehensive reform of our immigration system. President Bush has articulated a vision for the comprehensive re- form of our Nation's immigration laws. I am personally sympa- thetic to the President's vision, and I look forward to the critical role that our Subcommittees will play in the coming congressional debate. No serious discussion of comprehensive immigration reform is possible, however, without an overall review of our Nation's ability and will to secure our borders and enforce our immigration laws. We must provide sufficient tools and resources to those whose job it is to protect our borders and maintain our homeland security and identify those in our country who should be apprehended and removed, including those who should be deported. Accordingly, today's hearing is the third in a series of hearings focusing on identifying holes in our immigration enforcement sys- tem, places where enforcement has been badly deficient. Unfortu- nately, there are too many of those holes. Our immigration laws have been poorly enforced for far too long. That is because, in my view, the Federal Government has simply not lived up to its obliga- tion to provide the resources and manpower in order to do just that. That must end and that will end. For example, at our last hearing, we examined challenges to en- forcement in the interior of our country. We respect the hard work and efforts of our immigration investigators, detention officials, and other professionals responsible for locating, detaining, and remov- ing those who remain in this country in violation of our laws. Yet as that hearing made clear, our deportation system is overlitigated and underresourced, overlawyered and underequipped. That hearing identified a number of specific problems, including the extra layers of appeals granted specifically to aliens who are deportable due to criminal activity and the judicially mandated re- lease onto our streets of potentially dangerous individuals. Over one million aliens face deportation proceedings this year, yet we only have approximately 19,000 detention beds to hold them. As a result, as many as 80 percent of those ordered to leave the country never show up to be removed. At our first hearing, we examined the challenges to enforcement along the border at the ports of entry. As that hearing made clear, we need better training opportunities and information provided to our front-line personnel, and we need to improve the reliability of documents used for entry into our country. National security de- mands we strengthen border inspection, ensure document integrity, and combat document fraud. Today's hearing will focus on securing our borders in between the authorized ports of entry. We will examine what tools and re- sources are currently being employed and what resources and tools may be needed to fill in the gaps along the perimeter of our coun- try. To put it simply, we must shut down all of the routes used to enter our country outside of authorized ports of entry. 3 Unfortunately, this is easier said than done. The U.S. Border with Mexico runs almost 2,000 miles, while our border with Can- ada runs roughly 5,000 miles. My home State of Texas alone ac- counts for a majority of the Southern border, sharing about 1,285 miles, or 65 percent of the Southern border. In Fiscal Year 2004, the total number of arrests along the South- ern border totaled more than 1 million with approximately 330,000 of those apprehended entering Texas illegally. And, the numbers are only increasing. Indeed, we have already surpassed last year's number in the current fiscal year. These numbers demonstrate the hard work and dedication of our Border Patrol under the most difficult of circumstances, but also in- dicate the tremendous challenges that they face given the current staffing and resources that they have been provided by the Govern- ment. According to the Pew Hispanic Center, the U.S. averages 700,000 to 800,000 new undocumented aliens every year. We simply must and can do better. We must explore the better use of technology. The effective use of technology between the ports of entry can serve as a force multiplier for our Border Patrol agents and officers charged with securing our border. And as we have heard time and time again, the same means of entry that can be used for someone who wants to come to the United States to work can likewise be used just as easily by those who want to come here to commit crimes or perhaps acts of terrorism. Technology allows our agents, though, to conserve manpower and efficiently respond when we identify breaches in our border. But it is by itself no panacea. There will inevitably be glitches in deploy- ment and use of technology, and clearly, technology is only as good as the men and women we have on the ground who we must teach to utilize it and take advantage of it to the maximum degree. Accordingly, today we examine the existing technology used along our border and used to secure it and learn a little bit more about how it is actually deployed on the ground. We will hear what problems have been experienced and what Congress might be able to do to provide more support in this area. And I hope that today's witnesses will give our Subcommittees a better idea of what else this Subcommittee and the Judiciary Committee and the United States Congress as a whole can do to fully secure our borders in between the ports of entry through the most effective use of tech- nology. [The prepared statement of Senator Cornyn appears as a submis- sion for the record.] With that, I will turn the floor over to Senator Kyi, my colleague and the Chair of the Terrorism Subcommittee. OPENING STATEMENT OF HON. JON KYL, A U.S. SENATOR FROM THE STATE OF ARIZONA Chairman KYL. Thank you, Chairman Cornyn. I join you in wel- coming everyone to this hearing today. We will be examining today the use of technology to help secure the borders of the United States between our ports of entry, as you noted, and our two wit- nesses here today are obviously both very capable to provide us in- formation in that regard. This hearing today is part of a larger commitment, as Senator Cornyn noted, that his Subcommittee and mine will use to help to educate our colleagues as well as put on the public record the need to enforce the immigration laws of the United States, how we can better do that in order to protect ourselves from terrorist and criminal threats and to restore integrity in the rule of law. The name of my Subcommittee is Terrorism, Technology and Homeland Security, so this hearing today is directly related to the activities that we have been engaged in, and I am very much look- ing forward to hearing from our witnesses today so that we can better make the point to our colleague that the Federal Govern- ment cannot continue to overlook its distinct and singular obliga- tion to maintain law and order on the border and that we have got to fully commit ourselves to funding the agencies that make up our immigration system so that these agencies can effectively perform the work that we call upon them to do as well as provide them di- rection and oversight. We count on DHS, as always, to be very frank in discussing the challenges it faces in enforcing our immigration laws. We are al- ways interested in learning about progress that you have made, but also problems and needs that you have, what we can do to help you secure the tools that you need in carrying out your mission. I just want to add to the formal statement that I have just made this personal comment. In the sector that is the highest use of ille- gal immigrant smuggling, the Tucson Sector on the Arizona border that used to be the responsibility of the Chief of the Border Patrol, David Aguilar, got a great deal of national attention focused be- cause of a group of private citizens who chose to draw attention to the problems in that part of the border by going there themselves and staking out some territory along the 9- or 10-mile area, calling themselves "the Minutemen" and, as I have said, demonstrating that a little bit more manpower in an area can help to control the border. Now, as to whether or not it was their presence that had the ef- fect, there are differences of opinion. But there are a couple of things I think that are unassailable. One of them is that the fact that the Mexican Government knew that they were there and ap- parently had some concerns about them, about what these people would do, concerns that have proven to be unfounded in terms of any violence or harm brought to the illegal immigrants. But be- cause there were concerns, the Grupa Beta, which is the police force south of the border responsible for would-be immigrant safety, as it were, and perhaps other Mexican agencies, attempted to dis- suade people from crossing the border. And it appears to have worked. The immigration in the Tucson Sector appears to have dwindled to a trickle. This was not due to any great technology application. It was sim- ply the threat that there were a bunch of Americans on the north side of the border that might cause harm to these immigrants, as a result of which the Mexican Government was able all by itself to bring the immigration in that area to a trickle, according to the statistics we have, which suggests something else, and that is that better cooperation with the Mexican Government in thwarting the illegal immigration would be another force multiplier, that it should not be all the United States playing defense, and that we ought to seek more agreements with our friends to the South, the Government of Mexico. Chief Aguilar, I will be especially interested in your testimony in this regard. You identify a great many different agreements and partnerships and so on, all of which may have some discrete and limited benefit, but which added together amount to a drop in the bucket and, frankly, focus more on the tougher cases, the drug smuggling and some of the higher-priority cases that may poten- tially involve terrorism, for example, but have very little effect on the run-of-the-day normal illegal immigration problem that exists. I will be very curious not only to focus on the kind of technology that we could employ, but because of your experience, anything you might add about ways in which we could encourage the Mexican Government to stop encouraging illegal immigration and start helping us by discouraging illegal immigration. Again, slightly out- side the burden of our hearing today, but since your written testi- mony contains so many pages of reference to how we have worked with the Mexican Government, I thought it was an appropriate question to sort of preliminarily ask you. I am looking forward to the testimony that both of you have to offer today, and I suspect that we can keep the record open for ei- ther questions from our colleagues or additional comments from the witnesses, if they would like. Chairman CORNYN. Senator Coburn? I want to recognize our col- league from Oklahoma who has been conscientious about attending these Subcommittee hearings as well. We would be glad to recog- nize you for a few brief opening remarks. STATEMENT OF HON. TOM COBURN, A U.S. SENATOR FROM THE STATE OF OKLAHOMA Senator COBURN. Well, thank you both, Chairmen. First of all, we had a discussion, and I think it is important that you all hear this and take it back. The rules of the Senate, al- though we do not have the rules formalized in the Committee, is your testimony is to be here 48 hours before we have this meeting. And there is a real good reason for that, and that is so we can read what you have to say, think about what you have to say, and for- mulate great questions so that we can do the business of the people of this country. And I understand it is not either of your fault that your testimony did not get here because it goes through a filtering process. And so I do not hold either of you accountable. But I do want the Committee to know and I want it to go up the line that when we do get our rules in the future, I will be making a point of order and a formal objection to the continuation of any Com- mittee meeting where my staff or I are not able to be prepared. We had one testimony arrive at 1:40 p.m. today for this hearing. And, again, it is not of your fault. I know it is not of your fault. But that message needs to be taken home. The second point I want to make is to Chief Aguilar. Thank you for your service and thank you for your leadership. You all are not recognized right now. You are seen sometimes as the problem, and you are not the problem. The fact is you just do not have enough help and resources. And I want to publicly thank you for putting 6 your life on the line for the rest of the people in this country. And the rest of the people in the country get it. You all are important and vital to our national security as well as our way of life. And this is a country of immigrants, and we do not want that to stop, but we do want the law. And what you do to enforce the law every day I want you to know we appreciate from the bottom of our heart, and we recognize that you put yourself and your own fami- lies at sacrifice when you do that. Finally, a comment that was made to me in private, and I will not relate who it is, but it concerns me a great deal with people within the administration are not allowed to give us what they really think, that it has to be filtered. In other words, a lot of peo- ple in this administration know what we need to do, but it does not fit with what the plan is. And so, therefore, the true thought and the true personal testimony does not come to the Members of Con- gress. And I just want to encourage you, when that happens, to be bold enough to make sure Members of Congress know how you really feel, even if it is in private, because we cannot make decisions• and I think in the homeland security areas more than anywhere else, I am picking up from individuals within the administration that they are not allowed to tell us what they really think, that they have to toe the line. And that is good. You should be loyal. But the other thing is we really need the information to make the best decisions. So I would encourage you, if that happens, members of this body, I guarantee you, you will be protected, but we need to have all of the information, not just what they want us to have. With that, thank you for your testimony. I thank you for holding this hearing, and I look forward to asking questions. Thank you. Chairman CORNYN. Thank you, Senator Coburn. We are pleased today to have a distinguished panel from the De- partment of Homeland Security, and I will introduce the panel and then ask each of you to provide us with an opening statement for about 5 minutes each, and then we will proceed to some questions and answers. David V. Aguilar has served as the Chief of the Office of Border Patrol since May of 2004. As the Nation's highest-ranking Border Patrol officer, Chief Aguilar directs the enforcement efforts of more than 12,000 Border Patrol agents nationwide. He brings us the knowledge and expertise gained from more than 26 years of service in the Border Patrol. Dr. Kirk Evans is the Office Director of the Homeland Security Advanced Research Projects Agency. Dr. Evans has more than 27 years of experience in program management and acquisition of sys- tems for surveillance and command, control, and communications. Gentlemen, we welcome both of you, and we would be pleased to hear your opening statements. Let's begin, if we may, Chief, with you. If you would provide us your opening statement for about 5 minutes, then we will turn to Dr. Evans, and then we will engage in hopefully some good conversation back and forth.