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NEW “DUAL MISSIONS” OF THE IMMIGRATION

ENFORCEMENT AGENCIES

BRARY OF CONGRESS

LUC 3 0 2003

TRANSFER

HEARING

BEFORE THE

SUBCOMMITTEE ON IMMIGRATION,
BORDER SECURITY, AND CLAIMS

OF THE

COMMITTEE ON THE JUDICIARY
HOUSE OF REPRESENTATIVES

ONE HUNDRED NINTH CONGRESS

FIRST SESSION

MAY 5, 2005

Serial No. 109–32

Printed for the use of the Committee on the Judiciary

Available via the World Wide Web: http://www.house.gov/judiciary

U.S. GOVERNMENT PRINTING OFFICE

21-026 PDF

WASHINGTON : 2005

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

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

ADAM SMITH, Washington
MIKE PENCE, Indiana

CHRIS VAN HOLLEN, Maryland
J. RANDY FORBES, Virginia
STEVE KING, Iowa
TOM FEENEY, Florida
TRENT FRANKS, Arizona
LOUIE GOHMERT, Texas

PHILIP G. Kiko, Chief of Staff-General Counsel
PERRY H. APELBAUM, Minority Chief 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

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Prepared Statement and biography of Eugene R. Davis, Retired Deputy Chief

Border Patrol Agent, U.S. Immigration and Naturalization Service

Prepared Statement of the Honorable Sheila Jackson Lee, a Representative

in Congress from the State of Texas
Prepared Statement of the Honorable Elton Gallegly, a Representative in

Congress from the State of California

Map of “9/11/2001 Deaths by State of Residence,” submitted by Mr. Michael

Cutler

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NEW “DUAL MISSIONS” OF THE IMMIGRATION

ENFORCEMENT AGENCIES

THURSDAY, MAY 5, 2005

HOUSE OF REPRESENTATIVES,
SUBCOMMITTEE ON IMMIGRATION,
BORDER SECURITY, AND CLAIMS,
COMMITTEE ON THE JUDICIARY,

Washington, DC. The Subcommittee met, pursuant to notice, at 2:35 p.m., in Room 2141, Rayburn House Office Building, the Honorable John Hostettler (Chair of the Subcommittee) presiding.

Mr. HOSTETTLER. The Subcommittee will come to order.

The first two Subcommittee hearings of the year examined in detail how the immigration enforcement agencies have inadequate resources and too few personnel to carry out their mission. The witnesses mentioned the lack of uniforms, badges, detention space, and the inevitable low morale of frontline agents who are overwhelmed by the sheer volume of incoming illegal aliens. If this were not enough, these “immigration enforcement” agencies also face internal confusion resulting from dual or multiple missions in which immigration has all too often taken a back seat. Sadly, contrary to Congress' expectations, immigration enforcement has not been the primary focus of either of these agencies, and that is the subject of today's hearing.

The Homeland Security Act, enacted in November 2002, split the former Immigration and Naturalization Service, or INS, into separate immigration service and enforcement agencies, both within the Department of Homeland Security. This split had been pursued by Chairman Sensenbrenner based on testimony and evidence that the dual missions of INS had resulted in poor performance.

There was a constant tug-of-war between providing good service to law-abiding aliens and enforcing the law against law-breakers. The plain language of the Homeland Security Act, Title D, creates a “Bureau of Border Security,” and specifically transfers all immigration enforcement functions of INS into it. Yet when it came down to actually creating the two: new agencies, the Administration veered off course. Although the service functions of INS were transferred to USCIS, the enforcement side of INS was split in two, what is now Immigration and Customs Enforcement, or ICE, to handle interior enforcement, and Customs and Border Protection (CBP) to guard our borders.

ICE was given all Customs agents, investigators, intelligence and analysis-from the Treasury Department, as well as the Federal Protective Service to guard Federal buildings, and the Federal Air

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