H.Hrg.119

1[House Hearing, 119 Congress]2[From the U.S. Government Publishing Office]34                OVERSIGHT OF THE DEPARTMENT OF HOMELAND5                    SECURITY: ICE, CBP, AND USCIS6=======================================================================78                                HEARING910                               BEFORE THE1112                     COMMITTEE ON HOMELAND SECURITY13                        HOUSE OF REPRESENTATIVES1415                    ONE HUNDRED NINETEENTH CONGRESS1617                             SECOND SESSION1819                               __________2021                           FEBRUARY 10, 20262223                               __________2425                           Serial No. 119-382627                               __________2829       Printed for the use of the Committee on Homeland Security3031[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]3233        Available via the World Wide Web: http://www.govinfo.gov3435                               __________3637                   U.S. GOVERNMENT PUBLISHING OFFICE3863-777                     WASHINGTON : 202639=======================================================================4041                     COMMITTEE ON HOMELAND SECURITY4243                Andrew R. Garbarino, New York, Chairman44Michael T. McCaul, Texas, Vice       Bennie G. Thompson, Mississippi,45    Chair                                Ranking Member46Michael Guest, Mississippi           Eric Swalwell, California47Carlos A. Gimenez, Florida           J. Luis Correa, California48August Pfluger, Texas                Shri Thanedar, Michigan49Tony Gonzales, Texas                 Seth Magaziner, Rhode Island50Morgan Luttrell, Texas               Daniel S. Goldman, New York51Dale W. Strong, Alabama              Delia C. Ramirez, Illinois52Josh Brecheen, Oklahoma              Timothy M. Kennedy, New York53Elijah Crane, Arizona                LaMonica McIver, New Jersey54Andrew Ogles, Tennessee              Julie Johnson, Texas, Vice Ranking55Sheri Biggs, South Carolina              Member56Gabe Evans, Colorado                 Pablo Jose Hernandez, Puerto Rico57Ryan Mackenzie, Pennsylvania         Nellie Pou, New Jersey58Brad Knott, North Carolina           James R. Walkinshaw, Virginia59Vince Fong, California               Troy A. Carter, Louisiana60Matt Van Epps, Tennessee             Al Green, Texas61Vacant62                     Keighle Joyce, Staff Director63                  Hope Goins, Minority Staff Director64                       Sean Corcoran, Chief Clerk6566                           C O N T E N T S6768                              ----------69                                                                   Page7071                               Statements7273Honorable Andrew R. Garbarino, a Representative in Congress From74  the State of New York, and Chairman, Committee on Homeland75  Security:76  Oral Statement.................................................     177  Prepared Statement.............................................     378Honorable Bennie G. Thompson, a Representative in Congress From79  the State of Mississippi, and Ranking Member, Committee on80  Homeland Security:81  Oral Statement.................................................     582  Prepared Statement.............................................     88384                               Witnesses8586Mr. Rodney S. Scott, Commissioner, U.S. Customs and Border87  Protection, U.S. Department of Homeland Security:88  Oral Statement.................................................    1189  Prepared Statement.............................................    1290Mr. Joseph B. Edlow, Director, U.S. Citizenship and Immigration91  Services, U.S. Department of Homeland Security:92  Oral Statement.................................................    1593  Prepared Statement.............................................    1794Mr. Todd M. Lyons, Senior Official Performing the Duties of the95  Director, U.S. Immigration and Customs Enforcement, U.S.96  Department of Homeland Security:97  Oral Statement.................................................    2198  Prepared Statement.............................................    2399100                             For the Record101102Honorable August Pfluger, a Representative in Congress From the103  State of Texas:104  Article, Manhattan Institute, February 2026....................    38105Honorable Matt Van Epps, a Representative in Congress From the106  State of Tennessee:107  Chart..........................................................    77108  Quote, Sheriff Tim Eads........................................    78109  Quote, Sheriff Frankie Gray....................................    78110  Quote, Sheriff Mike Van Dyke...................................    79111  Press Release, March 25, 2025..................................    79112  Article, WSMV, January 6, 2026.................................    81113  Article, Fox News, January 30, 2026............................    83114  Article, Tennessee Tribune, January 7, 2026....................    98115  Press Release, May 13, 2025....................................   102116Honorable Bennie G. Thompson, a Representative in Congress From117  the State of Mississippi, and Ranking Member, Committee on118  Homeland Security:119  Statement of the Refugee Council USA...........................   107120  Statement of the Baptist Joint Committee on Religious Liberty..   110121  Article, CBS News, February 9, 2026............................   178122  Article, NPR, January 25, 2026.................................   184123  Article, The Marshall Project, December 17, 2025...............   188124  Article, The Independent, January 29, 2026.....................   194125  Report, Center for Election Innovation and Research, February126    2026.........................................................   201127  Article, AP....................................................   212128  Report, Brennan Center, November 21, 2025......................   217129  Report, The Guardian, March 18, 2025...........................   221130Honorable Delia C. Ramirez, a Representative in Congress From the131  State of Illinois:132  Article, Chicago Sun-Times, November 15, 2025..................   116133  Article, ABC7, October 8, 2025.................................   139134  Article, ProPublica, January 13, 2026..........................   147135136                               Appendix I137138Honorable Bennie G. Thompson, a Representative in Congress From139  the State of Mississippi, and Ranking Member, Committee on140  Homeland Security:141  Article, NBC News, February 10, 2026...........................   227142Honorable Timothy Kennedy, a Representative in Congress From the143  State of New York:144  Letter, February 10, 2026......................................   233145146                              Appendix II147148Questions From Chairman Andrew R. Garbarino for Rodney S. Scott..   235149Questions From Honorable Tony Gonzales for Rodney S. Scott.......   238150Question From Honorable Brad Knott for Rodney S. Scott...........   240151Questions From Ranking Member Bennie G. Thompson for Rodney S.152  Scott..........................................................   240153Questions From Honorable Delia C. Ramirez for Rodney S. Scott....   244154Questions From Honorable Jose Hernandez for Rodney S. Scott......   245155Questions From Honorable Nellie Pou for Rodney S. Scott..........   246156Questions From Chairman Andrew R. Garbarino for Joseph B. Edlow..   247157Questions From Honorable Tony Gonzales for Joseph B. Edlow.......   248158Questions From Honorable Gabe Evans for Joseph B. Edlow..........   249159Question From Honorable Ryan Mackenzie for Joseph B. Edlow.......   250160Questions From Ranking Member Bennie G. Thompson for Joseph B.161  Edlow..........................................................   250162Questions From Honorable Delia C. Ramirez for Joseph B. Edlow....   251163Question From Chairman Andrew R. Garbarino for Todd M. Lyons.....   253164Questions From Honorable Tony Gonzales for Todd M. Lyons.........   253165Questions From Honorable Gabe Evans for Todd M. Lyons............   254166Questions From Ranking Member Bennie G. Thompson for Todd M.167  Lyons..........................................................   255168Questions From Ranking Member Bennie G. Thompson on Behalf of169  Honorable Veronica Escobar for Todd M. Lyons...................   262170Questions From Honorable J. Luis Correa for Todd M. Lyons........   264171Questions From Honorable Delia C. Ramirez for Todd M. Lyons......   267172Questions From Honorable Jose Hernandez for Todd M. Lyons........   269173Questions From Honorable Nellie Pou for Todd M. Lyons............   270174175 OVERSIGHT OF THE DEPARTMENT OF HOMELAND SECURITY: ICE, CBP, AND USCIS176177                              ----------178179                       Tuesday, February 10, 2026180181             U.S. House of Representatives,182                    Committee on Homeland Security,183                                            Washington, DC.184    The committee met, pursuant to notice, at 10:09 a.m., in185room 310, Cannon House Office Building, Hon. Andrew R.186Garbarino [Chairman of the committee] presiding.187    Present: Representatives Garbarino, McCaul, Guest, Pfluger,188Gonzales, Strong, Brecheen, Crane, Biggs, Evans, Mackenzie,189Knott, Fong, Van Epps, Thompson, Swalwell, Correa, Thanedar,190Magaziner, Goldman, Ramirez, Kennedy, McIver, Johnson, Pou,191Carter, Green, and Walkinshaw.192    Chairman Garbarino. The Committee on Homeland Security will193come to order. Without objection, the Chair may declare the194committee in recess at any point.195    The purpose of today's hearing is to conduct oversight of196the Department of Homeland Security and assess priorities for197U.S. Immigration and Customs Enforcement, U.S. Customs and198Border Protection, and U.S. Citizenship and Immigration199Services for the calendar year 2026.200    Before we get started, I would like to remind the Members201and the public of the rules of decorum. These issues we are202debating are important ones that Members feel deeply about.203While vigorous disagreement is part of the legislative process,204Members are reminded that we must adhere to established205standards of decorum and debate. It is a violation of House206rules and the rules of this committee to engage in207personalities regarding other Members or to question the208motives of a colleague.209    It is also a clear violation of the rules of the House to210make statements that might personally be offensive to the211President or the Vice President of the United States. Remarks212of that type are not permitted by the rules and are not in213keeping with the best traditions of our committee. The Chair214will enforce these rules of decorum at all times and urges all215Members to be mindful of their remarks.216    Further, under the rules of the House, the Chairman is217responsible for maintaining order and preserving decorum in the218committee room. I expect audience members to be respectful of219the witnesses, Members, and the public. If members of the220audience are persistently or overly disruptive, it is a221violation of Federal law and you will be subject to removal and222arrest.223    I now recognize myself for an opening statement.224    I want to start by thanking our witnesses for appearing225before the committee today. Today's hearing provides the226American people the ability to hear directly from the leaders227that enforce our Nation's immigration laws. It is our228imperative and as representatives of the people to be a voice229for the people.230    Transparency, communication, and accountability are keys to231good government. This is why oversight is important. Informing232Congress and the public is not casting accusations, nor is it a233punishment. Congress has a duty to hear directly from the234Executive branch, a duty I take seriously. The Executive branch235has a duty to keep us informed.236    While this hearing was long planned, we sit here today at237an inflection point, an opportunity to assess and reinforce the238integrity of immigration enforcement and to strengthen public239trust, an opportunity to emphasize and underscore the240Department of Homeland Security's no-fail mission as a whole.241My top priority as Chairman is and will always be protecting242America while ensuring the safety of law enforcement.243    This is further important in the context of another244potential shutdown of the Department. Let me be clear. Shutting245down DHS makes America less safe and negatively impacts246thousands of Federal employees, like those at TSA and CISA.247    The Department of Homeland Security is the Nation's largest248Federal law enforcement agency. It is this committee's duty,249regardless of administration, to conduct oversight. We need to250examine how DHS components are enforcing the law and ensure251they have the resources in place to do work safely,252effectively, and properly.253    Last year, we provided historic resources through254reconciliation to strengthen public safety and support for the255Trump administration's unprecedented efforts to secure the256border. This was the single largest investment in the domestic257homeland security mission. To succeed, we all need to work258together seamlessly, and this committee is a partner in that259effort.260    It is important to remember how we got here. For years, we261witnessed a blanket refusal to enforce the law, wide-open262borders, catch-and-release policies, and uncontrolled mass263migration. These policies undermined the rule of law and264endangered all Americans. Enforcing immigration law is not265optional.266    The Trump administration's record on border security is267irrefutable. Nationwide border encounters last December268decreased 91 percent compared to 2023. Apprehensions between269ports of entry last December decreased 86 percent compared to2702024. We ended last year with 8 consecutive months of zero271parole releases by Border Patrol. Further, thousands of272criminal illegal aliens have been detained and deported. These273actions make America safer and more secure.274    But the credibility of these successes is on the line. We275must take the temperature down and look at the record of276enforcement actions through rational eyes. We have seen a277significant increase in violent rhetoric and agitation. We have278seen a significant increase in attacks on Federal law279enforcement and in the number of threats facing them and their280families. This committee highlighted the threat increases to281law enforcement at an earlier hearing. We have seen State and282local jurisdictions refuse to protect Federal law enforcement283officers. Obviously, we have now seen the deaths of two284American citizens in Minnesota. This is all unacceptable and285preventable.286    The safety of law enforcement and the communities they287serve and protect must always come first. When officials or288elected leaders rush to conclusions about law enforcement or289their fellow Americans, public trust suffers. There must be290complete and impartial investigation. I expect each of our291witnesses to keep this committee fully informed as the292investigations run their course, and I will ensure this293happens.294    While these investigations are on-going, officials and295elected leaders cannot rush to judgment. I cannot put myself in296the shoes of law enforcement, nor can I imagine what the297families of Ms. Good and Mr. Pretti are enduring today. Public298trust and public safety go hand-in-hand. We cannot have one299without the other.300    I am encouraged to see that President Trump sent Border301Czar Tom Homan and Commissioner Scott to Minnesota to work with302Governor Walz, Mayor Frey, and other local leaders. I sincerely303hope this dialog continues. This should stand as an example of304cooperation to anyone who continues to incentivize reckless305behavior in our streets, unlawfully impede law enforcement306operations, or disparage their fellow citizens. State and local307officials should be partners, not obstacles when it comes to308public safety. Federal officials should keep in mind that this309kind of partnership is a two-way street. Everyone should have310the same goal of keeping America safe.311    Transparency and communication are needed now more than312ever. The Department's no-fail mission hangs in the balance. A313rule-based order is not one-sided. Enforcing immigration law314and defending all Americans' Constitutional rights, including315the rights to peacefully protest, bear arms, and privacy are316not mutually exclusive.317    I want to thank Secretary Noem for making these witnesses318rapidly available and again thank the three of you for being319here today. As Border Czar Homan recently said, you can't fix320problems if you don't have discussions. I hope we can have a321positive, civil, and productive discussion today. Only together322can we make our community stronger and the homeland safer for323the future of all Americans.324    [The statement of Chairman Garbarino follows:]325               Statement of Chairman Andrew R. Garbarino326    I want to start by thanking our witnesses for appearing before the327committee today.328    Today's hearing provides the American people the ability to hear329directly from the leaders that enforce our Nation's immigration laws.330    It is our imperative, as representatives of the people, to be a331voice for the people.332    Transparency, communication, and accountability are the keys to333good government.334    This is why oversight is important. Informing Congress and the335public is not casting accusations, nor is it a punishment.336    Congress has a duty to hear directly from the Executive branch--a337duty I take seriously--and the Executive branch has a duty to keep us338informed.339    While this hearing was long planned, we sit here today at an340inflection point--an opportunity to assess and reinforce the integrity341of immigration enforcement, and to strengthen public trust.342    An opportunity to emphasize and underscore the Department of343Homeland Security's no-fail mission as a whole.344    My top priority as Chairman is, and will always be protecting345America, while ensuring the safety of law enforcement.346    The Department of Homeland Security is the Nation's largest Federal347law enforcement agency. It is this committee's duty, regardless of348administration, to conduct oversight, examine how DHS components are349enforcing the law, and ensure they have the resources in place to do350this work safely, effectively, and properly.351    Last year, we provided historic resources through reconciliation to352strengthen public safety and support the Trump administration's353unprecedented efforts to secure the border.354    This was the single largest investment in the domestic homeland355security mission.356    To succeed, we all need to work together seamlessly--and this357committee is a partner in that effort.358    It is important to remember how we got here.359    For years, we witnessed a blanket refusal to enforce the law, wide-360open borders, catch-and-release policies, and uncontrolled mass361migration.362    These policies undermined the rule of law and endangered all363Americans.364    Enforcing immigration law is not optional, regardless of the365previous administration's failure to act, and the Trump366administration's record on border security is irrefutable.367    Nationwide border encounters last December decreased 91 percent368compared to 2023.369    Apprehensions between ports of entry last December decreased 86370percent compared to 2024.371    And we ended last year with 8 consecutive months of zero parole372releases by Border Patrol.373    Further, thousands of criminal illegal aliens have been detained374and deported.375    These actions make America safer and more secure.376    The credibility of these successes is on the line. We must take the377temperature down and look at the record of enforcement actions through378rational eyes.379    We have seen a significant increase in violent rhetoric and380agitation.381    We have seen a significant increase in attacks on Federal law382enforcement, and in the number of threats facing them and their383families every day. This committee highlighted the threat increases to384law enforcement at an earlier hearing.385    We have seen State and local jurisdictions refuse to protect386Federal law enforcement officers.387    And, obviously, we have now seen the tragic deaths of two American388citizens in Minnesota.389    This is all unacceptable and preventable.390    The safety of law enforcement and the communities they serve and391protect must always come first.392    When officials or elected leaders rush to conclusions about law393enforcement or their fellow Americans--public trust suffers.394    There must be a complete and impartial investigation. I expect each395of our witnesses to keep this committee fully informed as the396investigation runs its course. And I will ensure this happens.397    While this investigation is on-going, officials and elected leaders398cannot rush to judgment.399    I cannot put myself in the shoes of law enforcement, nor can I400imagine what the families of Ms. Good and Mr. Pretti are enduring401today.402    Public trust and public safety go hand in hand--we cannot have one403without the other.404    I am encouraged to see that President Trump sent Border Czar Tom405Homan and Commissioner Scott to Minnesota to work with Governor Walz,406Mayor Frey, and other local leaders. I sincerely hope this dialog407continues.408    This should stand as an example of cooperation to anyone who409continues to incentivize reckless behavior in our streets, unlawfully410impede law enforcement operations, or disparage their fellow citizens.411    State and local officials should be partners, not obstacles, when412it comes to public safety. And Federal officials should keep in mind413that this kind of partnership is a two-way street. Everyone should have414the same goal of keeping Americans safe.415    Transparency and communication are needed now more than ever--the416Department's no-fail mission hangs in the balance.417    A rule-based order is not one-sided.418    Enforcing immigration law and defending all Americans'419Constitutional rights--including the rights to peacefully protest, bear420arms, and privacy--are not mutually exclusive.421    I want to thank Secretary Noem for making these witnesses rapidly422available and again thank the three of you for appearing here today.423    As Border Czar Homan recently said, ``you can't fix problems, if424you don't have discussions.''425    I hope we can have a positive, civil, and productive discussion426today.427    Only together can we make our communities stronger and the homeland428safer for future generations of Americans.429430    Chairman Garbarino. I now recognize the Ranking Member, the431gentleman from Mississippi, Mr. Thompson, for his opening432statement.433    Mr. Thompson. Thank you very much, Mr. Chairman. Good434morning to all of you who are here. I thank you for calling435this hearing today.436    This important hearing has drawn a great deal of interest437and attention and many of my colleagues who represent the438border city of El Paso and who have been leader on border439security, Veronica Escobar, has joined us today and would like440to ask questions of our witnesses. So, Mr. Chairman, I ask441unanimous consent that the young woman from Texas, Ms. Escobar,442be permitted to sit with the committee and question today's443witnesses as we have afforded that to other individuals in past444hearings.445    Chairman Garbarino. While I thank the gentlewoman for their446interest in today's important hearing, as I previously informed447both the Majority and Minority, committee will not be448entertaining off-committee Member requests. Therefore, I449object.450    Mr. Thompson. Well, your objection is noted, Mr. Chairman.451But I would for the record want to say that it is highly452unusual that a Member of Congress sitting with as much impact453on immigration as her area is not afforded that courtesy. But454you are the Chairman and that is your prerogative as if it455would be anyone else's.456    Chairman Garbarino. As the Ranking Member knows, we had457many requests. This is a very important hearing. It is my duty458to keep the wheels on this hearing and get actual answers on459the record.460    I thank the gentlelady's interest. We had a lot of Members461who were interested in being here today, which is why we462thought it would be best just to keep it for Members of the463committee. These gentlemen have repeatedly testified before464many committees at the Capitol, and I am sure other Members465will get the opportunity to do the same questioning. This is466the Committee on Homeland Security. We had previously said we467would not waive on Members specifically for this hearing and we468are going to stick by that rule today.469    Mr. Thompson. Thank you very much, Mr. Chair. May I say to470Ms. Escobar, if there are questions you would like to have471asked of these witnesses, if you will provide those questions472to me or any other Member of the committee, we will be more473than happy to transmit them. Thank you so much.474    I hope my Republican colleagues will remember that our job475is to conduct oversight, not cover for Donald Trump and his476out-of-control administration, which is running roughshod over477Americans' rights, killing U.S. citizens, and threatening our478very democracy. The disease rotting the Trump administration479from the inside out started at the top and has infected every480part of the Executive branch. Nowhere is that more evident than481at the Department of Homeland Security. This hearing is just482the start of a reckoning for the Trump administration and its483weaponization of DHS against American citizens and the484principle our country stands for.485    DHS, led by Secretary Kristi Noem, must be held accountable486for its lawless immigration operation. They are reckless,487creating chaos in our communities, terrorizing adults and488children alike, and undermining our moral authority as a Nation489of liberty and rule of law.490    Last month, an ICE agent shot and killed Renee Good, a491Minneapolis mom, in cold blood as she drove away from him.492After killing her, the agent called her a disgusting name I493won't repeat here. Other agents refused to allow a nearby494physician to treat her. Democrats called for accountability.495Instead, Secretary Noem blamed the victim, Ms. Good, and496attempted to gaslight Americans with false claims that Ms. Good497was a domestic terrorist. Renee Good was nothing of the sort.498She was a mom, a wife, a neighbor, and an American citizen who499did not deserve to die at the hands of her own government. She500should be alive today.501    Ever since, the Trump administration has devoted the full502resources of the Federal Government to blocking a legitimate503investigation into Ms. Good's killing. If that isn't a sign of504guilt, I don't know what is. Fellow prosecutors had a warrant505to collect evidence from Ms. Good's vehicle for a civil rights506investigation into ICE's use of force. But FBI Director Kash507Patel and other Trump administration officials demanded they508drop it. Career prosecutors, duly bound to the rule of law, not509the political prerogatives of the White House, resigned in510protest. Blocking an investigation into the Government's use of511force against one of its own citizens is a self-dictatorship,512not democracies. Every American should be outraged.513    Democrats tried to get answers in the aftermath of Ms.514Good's shooting. We called on Acting Director Todd Lyons to515testify at the committee's hearing 3 weeks ago. Unfortunately,516he turned down the committee's invitation. This is part of a517pattern of the Trump administration's refusal to comply with518regular Congressional oversight.519    Committee Democrats have sent multiple letters to ICE and520CBP on critical issues, but most of them, 10, have gone521unanswered. Mr. Chairman, I ask unanimous consent to include522all 10 of these records into the record--letters into the523record.524    Chairman Garbarino. Without objection.*525---------------------------------------------------------------------------526    * The documents were not available at the time of publication.527---------------------------------------------------------------------------528    Mr. Thompson. ICE has blocked Members of Congress from529visiting its detention facilities even after reports of530horrific conditions, detainee abuse, and a detainee being531murdered in a DHS facility. I was one of those individuals who532partied to a lawsuit to try to get ICE to just follow the law533that says Members of Congress can visit ICE facilities and534present themselves at any time. So I understand that it is535still being litigated, but I have been given authority to go536and I plan to do it this week just to test ICE's adherence to537the law.538    Mr. Lyons is here today, nearly a month after we invited539him. I guess DHS needed time to get his story straight before540he came to testify under oath.541    Fearing more violence from Federal law enforcement,542Democrats have also called on DHS to rein in immigration agents543and their brutal attacks on Americans immediately following Ms.544Good's murder. But DHS ignored our pleas. Instead, Greg Bovino,545who styled himself in Nazi attire and takes joy in deploying546tear gas at Americans, continued to roam around Minneapolis547with his masked gang, terrorizing people and violating their548Constitutional rights. Tragically, our worst fears were549realized.550    Just days after the hearing Mr. Lyons refused to551participate in, CBP personnel shot Alex Pretti and he was face552down on a Minneapolis sidewalk, killing him in broad daylight.553In the video of the incident, a DHS agent can be seen cheering554Mr. Pretti's death. Americans watched the video in horror. Yet555once again, Secretary Noem gaslit the public, made up a556demonstrably false story about Mr. Pretti, and blamed the557victim for his own death. Mr. Pretti was a law-abiding U.S.558citizen and a VA nurse who dedicated his career to caring for559our veterans.560    Mr. Chairman, at our last month hearing, I asked for a561moment of silence in the memory of Renee Good. Today, with562great sadness about another American killed at the hands of563DHS, I ask that the committee observe a moment of silence in564honor of Alex Pretti.565    [Moment of silence.]566    Mr. Thompson. Thank you.567    The slaying of Ms. Good and Mr. Pretti by DHS are the most568tragic examples of what is wrong with Trump's DHS, but far from569the only ones. Last fall, a Border Patrol agent shot Marimar570Martinez, a U.S. citizen and preschool teacher from Chicago, 5571times. The agent bragged in text messages about shooting her,572saying, ``I fired 5 rounds and she had 7 holes. Put that in573your book, boys.''574    Again, the Trump administration tried to blame Ms.575Martinez, the victim, but prosecutors dropped charges against576her when it became apparent that the evidence contradicted the577Border Patrol's phony account. Unlike Ms. Good's and Mr.578Pretti's, who can no longer tell their stories, Ms. Martinez579has shared her story about what Trump's DHS did to her. I want580to play a bit of the video here because people need to see what581ICE and CBP are doing to Americans.582    [Video shown.]583    Mr. Thompson. What happened to Ms. Martinez, Ms. Good, and584Mr. Pretti is a scourge on this country and shameful chapter in585our Nation's history. But tragically, there is more. DHS agents586recently used a 5-year-old Ecuadorian boy, Liam Ramos, as bait587to lure his family members outside their home to arrest them.588The family had entered the country legally as asylum seekers589and were living in Minnesota while awaiting their immigration590proceedings. DHS sent the little boy and his father to591detention in Texas for over a week. Thankfully, a judge ordered592him release, slamming DHS for its, and I quote, ``incompetently593implemented deportation campaign.'' Incompetently implemented594deportation campaign is putting it nicely, especially as it595relates to small children. More apt in the Bible quote from596John 11, Chapter 35, referenced at the end of the judge's597opinion, ``Jesus wept.''598    DHS personnel are now forcing their way into private homes599without a judicial warrant in violation of the Fourth600Amendment. In one recent incident, ICE dragged a U.S. citizen601from his home at gunpoint in underwear before realizing they602had picked up the wrong person. The person ICE was actually603looking for was sitting in jail in Minnesota. The Minnesota604Department of Corrections says that ICE had this information605all along.606    Bystander videos from Minneapolis and cities around the607country show ICE and CBP personnel behaving like unprofessional608goons, cursing at bystanders and mooning people from their609hotel rooms. News reports have a Border Patrol agent was found610passed out drunk and covered in vomit in a vehicle. ICE611personnel apparently stole a child's phone and sold it for612cash. It is an embarrassment and DHS's so-called leadership613should be ashamed. If only they had any shame.614    Secretary Noem's Department of Homeland Security has the615blood of American citizens on its hand, but she takes no616responsibility for anything. To the contrary, Secretary Noem617was last seen in this committee room hiding behind her family618in a desperate attempt to distract from her Department's619failures and abuses. Then she ran from our questions, leaving620early under the guise of needing to attend a meeting that it621turns out didn't even exist.622    Her inexcusable behavior should come as no surprise. She623has always been more concerned with photo ops and wardrobe624changes than following the law and fulfilling the mission of625her Department. Since being sworn in, Secretary Noem has626enriched herself, abused the power of her office, obstructed627Congressional oversight, and violated her oath to the628Constitution.629    Donald Trump and Kristi Noem are doing real damage to this630country and to the Department that was stood up 25 years ago in631the wake of 9/11 to protect American citizens from future632attacks. Secretary Noem is a liar with no concern for the lives633of Americans killed by the Department she runs. She must go.634    Mr. Chairman, I yield back.635    [The statement of Ranking Member Thompson follows:]636             Statement of Ranking Member Bennie G. Thompson637                           February 10, 2026638    I hope my Republican colleagues will remember that our job is to639conduct oversight, not cover for Donald Trump and his out-of-control640administration, which is running roughshod over Americans' rights,641killing U.S. citizens, and threatening our very democracy.642    The disease rotting the Trump administration from the inside out643started at the top and has infected every part of the Executive branch.644Nowhere is it that more evident than at the Department of Homeland645Security.646    This hearing is just the start of a reckoning for the Trump647administration and its weaponization of DHS against American citizens648and the principles our country stands for. DHS, led by Secretary Kristi649Noem, must be held accountable for its lawless immigration operations.650    They are reckless, creating chaos in our communities, terrorizing651adults and children alike, and undermining our moral authority as a652nation of liberty and rule of law.653    Last month, an ICE agent shot and killed Renee Good--a Minneapolis654mom--in cold blood, as she drove away from him. After killing her, the655agent called her a disgusting name I won't repeat here, and other656agents refused to allow a nearby physician to treat her. Democrats657called for accountability.658    Instead, Secretary Noem blamed the victim, Ms. Good, and attempted659to gaslight Americans with false claims that Ms. Good was a ``domestic660terrorist.'' Renee Good was nothing of the sort. She was a mom, a wife,661a neighbor, and an American citizen who did not deserve to die at the662hands of her own government. She should be alive today.663    Ever since, the Trump administration has devoted the full resources664of the Federal Government to blocking a legitimate investigation into665Ms. Good's killing. If that isn't a sign of guilt, I don't know what666is.667    Federal prosecutors had a warrant to collect evidence from Ms.668Good's vehicle for a civil rights investigation into ICE's use of669force, but FBI Director Kash Patel and other Trump administration670officials demanded they drop it. Career prosecutors--duty bound to the671rule of law, not the political prerogatives of the White House--672resigned in protest. Blocking an investigation into the Government's673use of force against one of its citizens is the stuff of dictatorships,674not democracies. Every American should be outraged.675    Democrats tried to get answers in the aftermath of Ms. Good's676shooting. We called on Acting ICE Director Todd Lyons to testify at the677committee's hearing 3 weeks ago. Unfortunately, he turned down the678committee's invitation.679    This is part of a pattern of the Trump administration's refusal to680comply with regular Congressional oversight. Committee Democrats have681sent multiple letters to ICE and CBP on critical issues, but most of682them--10--have gone unanswered. Mr. Chairman, I ask unanimous consent683to include these unanswered letters for the record.684    ICE has also blocked Members of Congress from visiting its685detention facilities, even after reports of horrific conditions,686detainee abuse, and a detainee being murdered in a DHS facility. Mr.687Lyons is here today, nearly a month after we invited him--I guess DHS688needed time to get its story straight before he came to testify under689oath.690    Fearing more violence from Federal law enforcement, Democrats have691also called on DHS to rein in its immigration agents and their brutal692attacks on Americans immediately following Ms. Good's murder. But DHS693ignored our pleas.694    Instead Greg Bovino, who styles himself in Nazi attire and takes695joy in deploying tear gas at Americans, continued to roam around696Minneapolis with his masked gang terrorizing people and violating their697Constitutional rights.698    And, tragically, our worst fears were realized. Just days after the699hearing Mr. Lyons refused to participate in, CBP personnel shot Alex700Pretti, as he was face-down on a Minneapolis sidewalk, killing him in701broad daylight.702    In the video of the incident, a DHS agent can be seen cheering Mr.703Pretti's death. Americans watched the video in horror.704    Yet, once again, Secretary Noem gaslit the public, made up a705demonstrably false story about Mr. Pretti, and blamed the victim for706his own death. Mr. Pretti was a law-abiding U.S. citizen and a VA nurse707who dedicated his career to caring for our veterans.708    Mr. Chairman, at our hearing last month I asked for a moment of709silence in memory of Renee Good. Today, with great sadness about710another American killed at the hands of DHS, I ask that the committee711observe a moment of silence in honor of Alex Pretti.712    The slayings of Ms. Good and Mr. Pretti by DHS are the most tragic713examples of what is wrong with Trump's DHS, but far from the only ones.714    Last fall, a Border Patrol agent shot Miramar Martinez, a U.S.715citizen and preschool teacher from Chicago, 5 times. The agent bragged716in text messages about shooting her, saying ``I fired 5 rounds and she717had 7 holes. Put that in your book boys.'' Again, the Trump718administration tried to blame Ms. Martinez, the victim, but prosecutors719dropped charges against her when it became apparent that the evidence720contradicted the Border Patrol's phony account.721    Unlike Ms. Good and Mr. Pretti, who can no longer tell their722stories, Ms. Martinez has shared her story about what Trump's DHS did723to her. I want to play a bit of that video here, because people need to724see what ICE and CBP are doing to Americans.725    What happened to Ms. Martinez, Ms. Good, and Mr. Pretti is a726scourge on this country and shameful chapter in our Nation's history,727but tragically there is more. DHS agents recently used a 5-year-old728Ecuadorian boy, Liam Ramos, as bait to lure his family members outside729their home to arrest them.730    The family had entered the country legally as asylum seekers and731were living in Minnesota while awaiting their immigration proceedings.732    DHS sent the little boy and his father to detention in Texas for733over a week. Thankfully a judge ordered him released, slamming DHS for734its ``incompetently implemented'' deportation campaign.735    ``Incompetently implemented'' deportation campaign is putting it736nicely, especially as it relates to small children. More apt is the737Bible quote from John 11:35 referenced at the end of the judge's738opinion: ``Jesus wept.''739    DHS personnel are now forcing their way into private homes without740a judicial warrant, in violation of the 4th Amendment. In one recent741incident, ICE dragged a U.S. citizen from his home at gunpoint in his742underwear before realizing they had picked up the wrong person. The743person ICE was actually looking for was sitting in jail in Minnesota.744The Minnesota Department of Corrections says that ICE had this745information all along.746    Bystander videos from Minneapolis and cities around the country747show ICE and CBP personnel behaving like unprofessional goons, cursing748at bystanders and mooning people from their hotel windows.749    News reports show a Border Patrol agent was found passed out,750drunk, and covered in vomit in a vehicle, and ICE personnel apparently751stole a child's phone and sold it for cash. It's an embarrassment and752DHS's so-called leadership should be ashamed . . . if only they had any753shame.754    Secretary Noem's Department of Homeland Security has the blood of755Americans on its hands, but she takes no responsibility for anything.756To the contrary, Secretary Noem was last seen in this committee room757hiding behind her family in a desperate attempt to distract from her758Department's failures and abuses.759    Then she ran from our questions, leaving early under the guise of760needing to attend a meeting that, it turns out, didn't even exist. Her761inexcusable behavior should come as no surprise. She's always been more762concerned with photo ops and wardrobe changes than following the law763and fulfilling the mission of her Department.764    Since being sworn in, Secretary Noem has enriched herself, abused765the power of her office, obstructed Congressional oversight, and766violated her oath to the Constitution.767    Donald Trump and Kristi Noem are doing real damage to this country768and to the Department that was stood up 25 years ago in the wake of 9/76911 to protect Americans from future attacks. Secretary Noem is a liar770with no concern for the lives of Americans killed by the Department she771runs. She must go.772773    Chairman Garbarino. The gentleman yields back.774    Other Members of the committee are reminded that opening775statements may be submitted for the record. I would now like to776formally introduce our witnesses.777    First is Mr. Rodney Scott. Mr. Scott is commissioner of778U.S. Customs and Border Protection. After decades of service at779CBP, including extent as Chief Border Patrol, he has served as780the Senate-confirmed commissioner since June 2025.781    Second is Mr. Joseph Edlow. Mr. Edlow is director of782Citizenship and Immigration Services. Director Edlow has served783in numerous legal roles across the Executive branch in784Congress, including chief counsel to USCIS. Mr. Edlow has785served as the Senate-confirmed director since July 2025.786    Third is Mr. Todd Lyons. Mr. Lyons is the acting director787of Immigration and Customs Enforcement. Acting Director Lyons788began his Federal service in the U.S. Air Force in 1993 and789joined ICE as an agent in 2007. Mr. Lyons moved up the ranks790and has served as acting director since March 2025.791    I thank all the witnesses for being here today.792    Pursuant to committee rule VIII(C), I ask that the793witnesses please rise and raise their right hand.794    [Witnesses sworn.]795    Chairman Garbarino. Let the record reflect that the796witnesses have answered in the affirmative. Thank you and797please be seated.798    I now recognize Commissioner Scott for 5 minutes to799summarize his opening statement.800801 STATEMENT OF RODNEY S. SCOTT, COMMISSIONER, U.S. CUSTOMS AND802    BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY803804    Commissioner Scott. Chairman Garbarino, Ranking Member805Thompson, Members of the committee, thank you for the806opportunity to appear here before you today. I'm honored to807represent more than 67,000 dedicated men and women of U.S.808Customs and Border Protection who are tirelessly protecting809this great Nation every single day by simply trying to make810sure we know who and what is entering our homeland.811    Border security is national security. Law enforcement812personnel that selflessly provide this service to America813increasingly perform under difficult conditions and intense814public and political scrutiny. But these brave men and women815deserve our gratitude and thanks. It's my privilege to be here816today joining my colleagues from Immigration and Customs817Enforcement and Citizenship and Immigration Services. Our818agencies work in partnership to secure the homeland and uphold819the integrity of our immigration system.820    CBP has spent the last year rebuilding what was an821intentionally broken border. As I informed Congress in 2021 and822again in 2023, the open border policies of the Biden823administration all but eliminated any meaningful border along824this--any meaningful border. It replaced it with a porous825geographic line defined by record-high encounters with illegal826aliens, overwhelmed facilities, and a work force that was827stretched so far beyond their capabilities that hostile nations828and the cartels exploited our border at will.829    That all changed on January 20, 2025, under the leadership830of President Trump. We have now implemented effective policies,831established unified priorities and objectives across all832Federal departments, and empowered our work force to do their833jobs by simply enforcing the laws that already exist. We have834imposed consequences for those who break our laws, the laws835that this body enacted. Today the United States, because of836these efforts, enjoys the most secure border in our Nation's837history.838    But this progress did not happen by accident. It's a result839of a comprehensive approach to border security. We ended catch-840and-release. We prioritized detention and removal authorities,841and we sent a clear message that illegal entry into the United842States will not be tolerated.843    The numbers speak for themselves. We have achieved record-844low illegal crossings between ports of entry. Border Patrol845apprehensions along the Southwest Border totaled over 90,000846for the entire year. That's a number that used to represent a847single month under the Biden administration. Daily encounters848have dropped by 95 percent, averaging about 250 per day,849compared to 5,000 a day during the Biden administration.850    Our increased enforcement also resulted in the seizure of851over 617,000 pounds of illicit narcotics. That's nationwide an8528 percent increase over the prior year. This included nearly85311,000 pounds of fentanyl and more than 186,000 pounds of854methamphetamines. This is what having a secure border looks855like.856    None of this would have been possible, though, without the857vision and leadership of President Trump and the historic858investments made in border security. The One Big Beautiful859Bill, a $65 billion investment is enabling CBP to modernize860border infrastructure, deploy additional advanced technology,861and to grow our work force. Since January 2025, CBP is building862SmartWall at record levels. We're installing high-tech863attributes where the Biden administration had shut it off.864We're installing water barriers along the Rio Grande River,865which denies criminals access to these routes.866    But that is not all. We're investing in technology at our867ports of entry, nonintrusive inspection equipment, biometrics,868and advanced surveillance to improve our ability to know what's869coming into this country, the land, air, and sea at and between870the ports of entry. CBP's work force is without a doubt the871greatest asset that we have. The One Big Beautiful Bill is872investing historic amounts of money in recruitment, hiring, and873retention and training to ensure that we have the most highly874qualified and capable law enforcement professionals securing875our border.876    Due to the collaboration across all Federal departments,877the resultant record-low encounters, CBP has been able to surge878resources to support ICE's targeted enforcement operations879across the Nation. CBP has integrated with ICE and other880partners to identify and remove dangerous criminals and others881who remain in the country illegally.882    As recent events have demonstrated, though, our officers883and agents are increasingly facing an unprecedented level of884aggressive interference and intimidation when executing the885laws that you have asked them to enforce. These attacks on886Federal law enforcement personnel are coordinated and well-887funded. This is not peaceful protest. No law enforcement888officer should be put at personal risk simply for doing the job889that we have asked them to do.890    I thank you for your continued support of CBP's mission and891I look forward to answering your questions today.892    [The prepared statement of Mr. Scott follows:]893                 Prepared Statement of Rodney S. Scott894                           February 10, 2026895                              introduction896    Chairman Garbarino, Ranking Member Thompson, and distinguished897Members of the committee, thank you for the opportunity to appear898before you today to discuss U.S. Customs and Border Protection's (CBP)899immigration enforcement and border security operations.900    I am honored to represent the more than 67,000 dedicated men and901women of CBP--the largest law enforcement agency in the United States.902We stand watch on the front lines of our country's borders to protect903the American people from external threats while facilitating lawful904trade and travel, often under difficult conditions and intense public905scrutiny, but always in service to the Nation. It is a privilege to906join my colleagues from U.S. Immigration and Customs Enforcement and907U.S. Citizenship and Immigration Services. Together, our agencies work908in close partnership to secure our homeland and uphold the integrity of909our border.910The Human Cost of Failed Policy911    The past year has been one of the most consequential in the history912of America's border security. Under the decisive leadership of913President Donald J. Trump, Secretary Kristi Noem, and Border Czar Tom914Homan, and thanks to the tireless efforts of the thousands of dedicated915public servants who work at our agencies to ensure border security, CBP916has fundamentally reversed years of open-border policies, achieving917record-low illegal entries between ports of entry. These results918reflect a clear commitment to restoring the rule of law, prioritizing919the safety of the American people, and empowering our officers and920agents to fulfill their critical mission.921    CBP spent the last year rebuilding a devastated border defined by922record encounters, overwhelmed facilities, inadequate deterrence923measures, and personnel stretched to the limit.924    We must be unflinchingly honest about the humanitarian catastrophe925that defined the previous administration's open-border policies. The926same critics attacking us today for enforcing the law were silent for 4927years as open borders empowered cartels to engage in industrial-scale928human trafficking. Nowhere was this failure more tragic than in the929treatment of Unaccompanied Alien Children (UACs).930    A bombshell report from the DHS Office of Inspector General (OIG)931in August 2024 exposed the depth of this betrayal of UACs. Under the932Biden-Harris administration, CBP encountered over 500,000 unaccompanied933children at the Southwest Border. Investigators revealed that the934Government on President Biden's watch had effectively lost track of935hundreds of thousands of these children, in an utter failure to ensure936their safety and well-being.937    The details are damning. The DHS OIG found that more than 291,000938children--out of nearly 450,000 transferred to the Department of Health939and Human Services' custody--were never even issued Notices to Appear940in court, and many who were served notices missed their court dates. By941failing to initiate removal proceedings or determine the whereabouts of942those UACs who did not appear, the previous administration made ghosts943of these children, denying them any meaningful legal or physical944protection. The prior administration released these children into the945interior of our country with no supervision or controls, and no946assurances that they were not being handed directly from a coyote at947the border to a trafficker in the heartland, and left them vulnerable948to exploitation and other criminal acts.949Defeating the Cartel Business Model950    This administrative negligence did more than just fail these951children; it financed their exploitation. The vast majority of illegal952immigration at our Southern Border is facilitated by sophisticated,953ruthless cartels that have built their business model on our own policy954loopholes. Cartels knew that under the Biden administration, trafficked955children would be processed and released into the interior with956virtually no oversight. ``Catch and release'' policies that allowed957illegal immigrants to remain in our country facilitated the presence of958those who trafficked these children on their arrival. By failing to959enforce our laws at the border, the Federal Government enabled human960trafficking, not just of children but of those exploited for labor, by961cartels, who profited from this trafficking and used the profits to962finance their illegal activities.963    Breaking this cycle requires certainty of consequences and complete964border security. When we secure the border and deny illegal entry, we965are not just enforcing a statute--we are bankrupting a cartel operation966and protecting innocent people. When illegal entry no longer guarantees967release into the interior, and when UACs are protected and monitored,968the cartels lose their product, their presence in the United States,969and their ability to profit from our failures.970A Year of Unprecedented Enforcement and Deterrence971    Today, by prioritizing law enforcement and leveraging the972authorities granted to us by Congress, the United States has the most973secure border in our Nation's history. We have realigned resources,974applied consequences for those who break our laws, and empowered our975workforce to do their jobs. Although we have experienced tremendous976success ensuring unprecedented border security, every day is a new977battle to prevent cartels and other criminals from operating within our978country and threatening their victims and the American people. We must979stay vigilant and continue to pursue effective policy and practice980daily so that our success is sustained.981    National security cannot exist without effective border security.982Over the past year, our enforcement efforts have been nothing short of983historic across all our operational environments. As I alluded to984earlier, we have achieved the lowest annual encounters in CBP's985history. Total U.S. Border Patrol apprehensions along the Southwest986Border during the last calendar year were approximately 90,000--a987figure lower than the monthly average during the Biden988administration.\1\ Daily encounters declined by 95 percent, averaging989approximately 250 per day, compared to more than 5,000 per day990previously. We have also seen historically low numbers of gotaways--991illegal aliens who evade apprehension by CBP.992---------------------------------------------------------------------------993    \1\ The average number of monthly apprehensions during the Biden994administration was 155,485, https://www.cbp.gov/about/history/cbps-995historic-first-year-under-current-administration.996---------------------------------------------------------------------------997    This progress is the direct result of the administration's998comprehensive enforcement approach. We ended the practice of ``catch-999and-release,'' prioritized detention and removal authorities, and sent1000a clear message that illegal entry into the United States will not be1001accommodated or rewarded. Instead, consequences will be delivered1002consistent with law. For 9 consecutive months, U.S. Border Patrol has1003not released any alien who entered without authorization into the1004United States, a powerful reflection of restored control of our border.1005    Policy changes and decreased encounters have allowed us to act more1006strategically and execute data-driven targeted operations. This has led1007to increased enforcement actions. For example, since January 20, 2025,1008CBP seized nearly 620,000 pounds of illicit drugs nationwide, an 81009percent increase over the prior year. This included nearly 11,0001010pounds of fentanyl, 185,000 pounds of methamphetamine, and significant1011quantities of cocaine, heroin, and marijuana.\2\1012---------------------------------------------------------------------------1013    \2\ https://www.cbp.gov/about/history/cbps-historic-first-year-1014under-current-administration, January 20, 2025-January 20, 2026.1015---------------------------------------------------------------------------1016    CBP is also a foundational partner in the President's Homeland1017Security Task Force (HSTF). Co-led by the FBI and ICE/HSI, these task1018forces now operate across all 50 States to dismantle transnational1019criminal organizations (TCOs) and foreign gangs. CBP's unique border1020intelligence and interdiction capabilities are force multipliers for1021the HSTF, ensuring that the border is no longer a gap for TCOs to1022exploit, but rather the starting point to dismantle their operations1023entirely.1024Front-line Investments in Infrastructure, Technology, and our Workforce1025    None of these accomplishments would be possible without the1026historic investments in border security made by this administration.1027The One Big Beautiful Bill Act, a $65 billion border security bill,1028represents the largest investment in border security in a generation,1029providing for modern infrastructure, advanced technology, and increased1030law enforcement personnel.1031    CBP is actively executing Smart Wall construction consistent with1032U.S. Border Patrol requirements from the Pacific Ocean to the Gulf of1033America in support of the President's Executive Orders and CBP's1034statutory mission to secure the border. CBP has already placed $121035billion in Smart Wall funding on contract, with all remaining barrier1036contracts scheduled for award by June 30, 2026. We anticipate1037completing 250 miles of new barriers by September 30, 2026.1038Furthermore, in January 2026, we began installing waterborne barriers1039in the Rio Grande, denying smugglers a key avenue for trafficking1040people and narcotics, enhancing natural and land-based barriers, and1041providing a safer operating environment for our agents.1042    The success of CBP's mission fundamentally relies on the expertise1043and dedication of our workforce. CBP is prioritizing recruiting,1044hiring, retention, and training to rebuild our workforce after years of1045attrition. Over the past year, we saw historic levels of recruitment1046and retention, with monthly averages showing an 84 percent increase in1047new U.S. Border Patrol hires compared to the previous year. The Act not1048only supports our hiring goals by funding 5,000 more CBP officers,10493,000 Border Patrol agents, and 200 Air and Marine agents, but also1050provides funding for recruitment and retention, ensuring that we1051attract, hire, and keep the best law enforcement professionals in1052America.1053    In addition to personnel, CBP continues to invest in technology1054that enhances CBP's operational capabilities to detect and intercept1055individuals illegally crossing the border, dangerous goods and1056materials concealed in cargo and vehicles, and illegal activity in the1057air and maritime domains. With One Big Beautiful Bill funding, we are1058investing in non-intrusive inspection, biometrics, border surveillance1059equipment, aircraft, and communications systems. These investments1060rapidly modernize our border security posture and ensure that we remain1061ahead of current and emerging threats.1062           supporting the larger federal enforcement mission1063    With record-low encounters, CBP can enhance our support of1064nationwide targeted operations and immigration enforcement priorities.1065CBP's critical support of U.S. Immigration and Customs Enforcement1066interior enforcement operations enables the removal of dangerous1067criminals, gang members, and aliens who remain in the country1068illegally. CBP personnel are deployed to support targeted operations in1069more than 20 cities, resulting in thousands of arrests. I must note1070that CBP officers and agents are increasingly encountering situations1071in which agitators interfere with lawful enforcement actions, including1072attempts to obstruct arrests or intimidate law enforcement personnel.1073These situations are unprecedented in scale and intensity. The current1074operational environment puts our officers, agents, and even their1075families, at tremendous personal risk of violence.1076    Let me be clear. No law enforcement officer should be placed in a1077position where executing a lawful warrant or simply performing his or1078her lawful law enforcement duties becomes a flashpoint for1079confrontation with third parties. CBP officers and agents are trained1080to de-escalate, act professionally, and to use force only when1081necessary. Training cannot fully mitigate all risks created when law1082enforcement is undermined or publicly challenged in real time.1083                               conclusion1084    In closing, I want to emphasize that the accomplishments of the1085past year are not just numbers on paper. They represent lives saved,1086communities strengthened, and a renewed sense of safety and security1087for the American people. Under the unwavering leadership of President1088Trump and Secretary Noem, CBP delivered on its promise to secure the1089border, enforce the law, and protect our Nation from those who would do1090us harm.1091    Our work is not complete, but we are determined to maintain and1092consistently increase control over our borders. We are intercepting1093dangerous aliens and preventing their entry. We are keeping America1094safe. The men and women of CBP are proud to serve, proud to protect,1095and proud to be part of a mission that puts the American people first.1096    Thank you for the opportunity to testify today. I look forward to1097your questions.10981099    Chairman Garbarino. Thank you, Commissioner.1100    I now recognize Director Edlow for 5 minutes to summarize1101his opening statement.11021103 STATEMENT OF JOSEPH B. EDLOW, DIRECTOR, U.S. CITIZENSHIP AND1104   IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY11051106    Mr. Edlow. Thank you, Mr. Chairman.1107    Chairman Garbarino, Ranking Member Thompson, and Members of1108the committee, it is an honor to speak to you about the1109priorities and progress of U.S. Citizenship and Immigration1110Services. I'm grateful for your partnership as we work together1111to uphold the rule of law, protect our citizens, and safeguard1112our homeland.1113    Let me begin by expressing my appreciation to President1114Trump for his trust in me and to Secretary Noem for her1115leadership at the Department of Homeland Security. I'm proud to1116serve alongside a work force that's deeply committed to1117advancing the President's agenda, protecting our communities1118and restoring integrity to America's legal immigration system.1119    As director of U.S. Citizenship and Immigration Services,1120my vision has been straightforward and clear: restore1121accountability to our immigration system and ensure that it1122serves the interests of the American people first and foremost.1123Today I want to highlight some of our most significant1124accomplishments: ending the exploitation of immigration1125programs, putting American workers first, protecting our1126communities from public safety threats, protecting national1127security, and combating immigration fraud.1128    Fraud isn't just a paperwork issue. It's a national1129security and public safety concern. Often those who wish to do1130us harm exploit weaknesses in our system. Over the past year,1131USCIS has made nearly 33,000 fraud referrals to law1132enforcement, a 138 percent increase over previous years. We1133conducted thousands of site visits to homes and workplaces and1134thousands of social media checks to ensure aliens aren't1135espousing anti-American sentiment. Moreover, our fraud1136detection and national security team completed over 21,0001137investigations identifying fraud in approximately 65 percent of1138those cases.1139    In Operation Twin Shield in Minneapolis-St. Paul back in1140the fall, we uncovered marriage fraud, visa misuse, and student1141visa abuses leading to denials of immigration benefits,1142arrests, and removal proceedings. This work led to Operation1143PARRIS, where we continue reexamining thousands of refugee1144cases in Minnesota, conducting thorough background checks, and1145in-person reviews.1146    We've also strengthened our vetting policies. If someone1147falsely claims U.S. citizenship to get a public benefit or try1148to vote, we hold them accountable through denial of citizenship1149or loss of immigration status. We've tightened screening to1150determine whether claimed marriages and family relationships1151are legitimate. We've changed regulations to employee1152authorization--excuse me, to employment authorization is no1153longer automatically extended. Now we require more frequent1154renewals so that we can vet aliens more frequently and ensure1155that they deserve to remain in the country.1156    Additionally, we've taken action to end the exploitation of1157immigration programs. Mass humanitarian parole programs were1158being abused by the prior administration, so we've restored1159them to Congress' original intent, allowing those benefits on a1160case-by-case basis. Secretary Noem also ended decades of1161temporary protected status for several countries, returning the1162program to what Congress intended, temporary protection, not1163permanent status in the United States.1164    Moreover, this administration is doing more to ensure the1165integrity of our elections. We enhanced the SAVE program so1166States can verify citizenship of those on their voter rolls1167more effectively. Since January 2025, we've processed over 581168million queries and 27 States are participating. Additionally,1169Federal agencies ran nearly 206 million SAVE queries last year1170to identify fraud and preserve public assistance benefits for1171lawful U.S. residents and citizens.1172    We're also putting American taxpayers and communities and1173workers first. We affirmed that aliens should be self-reliant,1174not dependent on public assistance, and that their sponsors are1175liable for the cost of public benefits that they access.1176    The Department of Homeland Security is also working to1177rescind the 2022 public charge rule, restoring our discretion1178to determine if an alien will rely on Government assistance.1179We've proposed protecting American jobs by prioritizing H1B1180visas for higher-skilled, higher-paid workers so that companies1181can't use those visas merely as a way to get cheaper noncitizen1182labor. We've also streamlined agricultural visa processing to1183better support American farmers.1184    A major milestone was implementing the One Big Beautiful1185Bill, which added new fees for certain immigration processes.1186USCIS collects those fees, but only retains a small amount of1187the money while the rest goes to other agencies and deficit1188reduction.1189    Finally, protecting the American people is at the heart of1190everything we do. After the attack on 2 brave service members1191of the National Guard last November, Secretary Noem directed us1192to review immigration benefits for aliens from high-risk1193countries.1194    In closing, U.S. Citizenship and Immigration Services is1195restoring integrity, accountability, and security to America's1196legal immigration system. These accomplishments reflect the1197dedication of our work force and the transformative leadership1198of President Trump and Secretary Noem, both of whom have1199allowed USCIS to do the job it was created by Congress to do.1200We stand ready to continue working with Congress to protect the1201homeland and uphold the rule of law.1202    Thank you and I look forward to your questions.1203    [The prepared statement of Mr. Edlow follows:]1204                 Prepared Statement of Joseph B. Edlow1205                           February 10, 20261206    Chairman Garbarino, Ranking Member Thompson, and distinguished1207Members of the committee, thank you for the opportunity to appear1208before you today. I am here to discuss the progress, priorities, and1209challenges of U.S. Citizenship and Immigration Services. It is an honor1210to testify before this esteemed committee, and I appreciate your1211continued commitment as we work together to protect American citizens,1212safeguard the homeland, and uphold the rule of law.1213    I would like to begin by expressing my gratitude to President Trump1214for the trust he has placed in me to lead USCIS, and to Secretary Noem1215for her leadership at the Department of Homeland Security. I am proud1216to serve alongside a dedicated workforce committed to advancing the1217President's agenda, protecting our Nation and the safety of our1218communities, and restoring integrity to America's legal immigration1219system.1220    As director of USCIS, my vision has been clear: to restore1221accountability and security to our legal immigration system, ensuring1222that it serves the interests of the American people above all else.1223Over the past year, USCIS has made historic strides in advancing this1224mission. Today, I will highlight our major accomplishments in 61225critical areas: combating fraud, ending the exploitation of immigration1226programs, upholding the integrity of the naturalization process,1227putting American communities and workers first, implementing the One1228Big Beautiful Bill Act, and protecting our communities from threats to1229public safety and national security.1230                            combating fraud1231    At the heart of our mission is the unwavering commitment to protect1232the integrity of the legal immigration system from those who seek to1233exploit, abuse, or undermine it. Fraud is a national security and1234public safety concern because its often through fraud that many of1235those who wish to do us harm have accessed the United States. Over the1236past year, USCIS has implemented rigorous measures to detect, deter,1237and disrupt fraud at every stage of the immigration process.1238    Since January 20, 2025, USCIS officers have made nearly 33,0001239fraud referrals to our Fraud Detection and National Security1240Directorate--a 138 percent increase compared to the average yearly1241referrals of the previous administration. Our Fraud Detection and1242National Security team completed investigations into more than 21,0001243cases, identifying fraud in 65 percent of them. Our officers conducted1244over 7,000 site visits and more than 26,000 social media checks to1245identify national security, public safety, fraud, and anti-American1246concerns.1247    This year, USCIS made history with Operation Twin Shield. Launched1248in the Minneapolis-St. Paul area, this targeted initiative uncovered a1249wide range of fraudulent schemes, including marriage fraud, misuse of1250H-1B work visas, and student visa abuses. Operation Twin Shield focused1251on more than 1,000 cases with fraud or ineligibility indicators,1252attempted over 2,000 site visits, and completed nearly 1,500 in-person1253interviews. The operation resulted in the denial of immigration1254benefits, the filing of numerous Notices to Appear before an1255immigration judge to initiate removal proceedings, and nearly a dozen1256arrests by our partners at U.S. Immigration and Customs Enforcement1257(ICE). We also gained significant evidence that led to Operation PARRIS1258Customs Enforcement (ICE). We also gained significant evidence that led1259to Operation PARRIS.1260    Operation PARRIS is a sweeping initiative reexamining thousands of1261refugee cases through new background checks and intensive verification1262of refugee claims. We have referred cases of fraud and other crimes to1263ICE. The initial focus is on Minnesota's 5,600 refugees who have not1264yet been granted lawful permanent resident status (Green Card holders).1265USCIS' newly-established vetting center is at the forefront of1266Operation PARRIS, with adjudicators conducting thorough background1267checks, reinterviews, and merit reviews of refugee claims.1268    In the last year, USCIS also strengthened policy guidance to ensure1269that there is no legal defense if someone falsely claims U.S.1270citizenship to gain a government benefit, with officers considering1271only age or mental capacity to assess if a claim was made1272intentionally. Such false claims historically and routinely allow1273aliens unlawful access to benefits, services, and privileges reserved1274for American citizens, and we are committed to holding violators1275accountable. Lying about being a U.S. citizen, including attempting to1276fraudulently vote in elections, is a clear violation of the INA \1\ and1277will lead to the denial of a naturalization application and the alien's1278immigration status. We also enhanced screening measures to vet1279potentially fraudulent marriages and family relationships, ensuring1280they are genuine, verifiable, and compliant with all applicable laws.1281Aliens seeking legal immigration status through family relationships or1282marriage must prove their relationship is genuine and not a scheme to1283commit immigration fraud.1284---------------------------------------------------------------------------1285    \1\ A false claim to U.S. citizenship is a ground of1286inadmissibility under INA  212(a)(6)(C)(ii) and a ground of1287removability under INA  237(a)(3)(D), and generally, there is no1288waiver available.1289---------------------------------------------------------------------------1290    Additionally, we changed regulations to ensure that aliens no1291longer receive automatic extensions of employment authorization when1292seeking to renew that authorization in some employment categories. This1293ensures that the U.S. Government doesn't allow aliens to work in the1294United States without regular, on-going screening and vetting. We also1295reduced the maximum period that certain employment authorization1296documents are valid--from 5 years to 18 months, ensuring more frequent1297vetting and screening.1298            ending the exploitation of immigration programs1299    USCIS has taken decisive action to end the abuse and exploitation1300of immigration programs, restoring them to their intended purpose as1301prescribed by Congress. This includes stopping the broad abuse of1302humanitarian parole authority and terminating the so-called ``family1303reunification'' and the Cuban, Haitian, Nicaraguan, and Venezuelan1304(CHNV) parole programs. Parole was never designed to be used as a1305blanket authority, and we are returning it to the case-by-case basis1306for only urgent humanitarian reasons or significant public benefit1307Congress intended.1308    Temporary Protected Status (TPS) was always meant to be temporary.1309Secretary Noem has taken her statutory duties seriously and has ended1310TPS for many countries, restoring the long-ignored Congressional intent1311of this classification. We strongly encourage aliens whose parole or1312TPS was terminated to use the CBP Home app to self-report their1313departure from the United States. Doing so will enable them to receive1314a complimentary one-way ticket home and a $2,600 exit bonus to help1315them get resettled.1316    Not only were CHNV and TPS never intended to be permanent pathways1317to citizenship, but they were easily exploited by bad actors.1318Individuals with criminal records, including those with links to1319terrorism and human trafficking, obtained status via CHNV and TPS1320through fraudulent applications and submission of fake documents,1321including through the filing of Form I-134A (Online Request to be a1322Supporter and Declaration of Financial Support) associated with CHNV1323sponsorship applications that identified over 600,000 supporter1324applications with suspected fraud and public safety concerns involving1325hundreds of fictitious addresses, fraudulent identities and social1326security number belonging to deceased individuals, exposing the1327American people to dangerous threats within our borders. Returning1328these programs to their statutory intent reduces this risk of1329exploitation and unacceptable risk to our citizens.1330    These actions reinforce our commitment to upholding the rule of law1331and ensuring that immigration programs are not exploited for purposes1332beyond their statutory intent.1333         upholding the integrity of the naturalization process1334    Naturalization is a privilege, not a right, and USCIS has taken1335extensive steps to reinforce the integrity of the naturalization1336process. On September 17, 2025, we announced a revised version of the1337civics portion of the naturalization test, expanding the total bank of1338questions from 100 to 128 questions, increasing the number of questions1339on each test from 10 to 20, raising the passing score from 6 to 121340correct responses, and revising the questions to provide a more1341meaningful assessment of an alien's knowledge and understanding of U.S.1342history and government.1343    We also restored the practice of conducting neighborhood1344investigations of those seeking citizenship. This is an authority1345provided for in statute, but long neglected in practice. These1346investigations verify aliens' eligibility for naturalization by1347reviewing actual residency, moral character, loyalty to the U.S.1348Constitution, ensuring they have not falsely claimed U.S. citizenship1349to obtain an unlawful benefit or registered to vote, and their1350commitment to the Nation's well-being. Neighborhood investigations are1351vital to maintaining the integrity of the naturalization process,1352assuring proper assimilation into American values and culture, and1353safeguarding the value and privilege of American citizenship.1354    We have also ensured that voter registration services offered at1355administrative naturalization ceremonies remain strictly nonpartisan1356and are conducted only by State and local election officials. This1357practice safeguards the impartiality of voter registration for1358America's newest citizens.1359             putting american communities and workers first1360    USCIS is committed to putting American communities and workers1361first, ensuring that our immigration system serves the national1362interest and protects the rights and opportunities of American citizens1363first and foremost.1364    We have launched enhancements to the Systematic Alien Verification1365for Entitlements service, better known as SAVE, allowing States to1366verify citizenship using the last four digits of Social Security1367numbers. States can run queries in bulk and use SAVE at no charge. By1368allowing States to review and verify their voter rolls, this1369administration is doing more to ensure the integrity of elections than1370any previous administration. Since January 20, 2025, SAVE has processed1371over 58 million voter verification queries, with 27 States signing1372memoranda of agreement for voter verification with USCIS.1373    Moreover, we are cracking down on the abuse of public benefits. On1374September 4, 2025, USCIS reaffirmed long-standing policy that aliens in1375the United States should be self-reliant, and that government benefits1376should not incentivize immigration. On September 25, 2025, we reminded1377individuals who agree to financially sponsor an alien that they can be1378sued to recover the cost of any benefits accessed by an alien whom they1379sponsor.1380    Additionally, DHS proposed a rule to rescind the ineffective 20221381Public Charge final rule and restore USCIS' discretion when making a1382determination whether an alien seeking legal status in the United1383States would become reliant upon government assistance. To further1384preserve public benefits for U.S. citizens who need them and to1385identify potential fraud in public benefits programs, Federal agencies1386responsible for providing oversight to benefit-granting agencies ran1387nearly 206 million SAVE queries during calendar year 2025.1388    Another rule that DHS proposed prioritizes the allocation of the1389limited number of H-1B visas to higher-skilled and higher-paid aliens,1390better protecting wages, working conditions, and job opportunities for1391American workers while also ensuring American employers can access the1392best of the best foreign workers. We also published a critical final1393rule enabling USCIS to streamline the process for agricultural work1394visas, supporting America's vital agricultural industry.1395              implementing the one big beautiful bill act1396    On July 4, 2025, President Trump signed the One Big Beautiful Bill1397Act into law, adding new provisions and fees to the Immigration and1398Nationality Act. USCIS did not receive appropriations from the bill,1399but through the implementation of new immigration fees, $321 million1400has been collected--of which USCIS retains only a small portion. The1401revenue generated from immigration fees under the bill is allocated to1402USCIS; the Department of Justice, Executive Office for Immigration1403Review (EOIR); the U.S. Treasury; U.S. Customs and Border Protection1404(CBP); and U.S. Immigration and Customs Enforcement (ICE). However,1405USCIS does not collect or track the revenue for CBP or ICE. USCIS moved1406quickly to implement the new fees that the agency is responsible for,1407publishing the July 22, 2025 Federal Register Notice approximately 21408weeks after the President signed the One Big Beautiful Bill Act into1409law. USCIS has since published several Federal Register Notices1410announcing the implementation of the One Big Beautiful Bill Act fees.1411    The bill introduced fees between $100 to $1,000 for specific USCIS1412benefit requests with limited exceptions. Congress designated portions1413of each fee to specific Government entities, with USCIS retaining only141426 percent, and the remainder allocated to the United States Treasury.1415Fees mandated by the bill are non-waivable and non-reducible,1416regardless of eligibility for waivers under other USCIS regulations.1417The law requires DHS to make annual adjustments based on the Consumer1418Price Index for All Urban Consumers to ensure fees reflect inflation1419and economic conditions. On January 1, 2026, USCIS implemented1420inflation-adjusted fees, in compliance with the law.1421    We also updated our policies, guidance, and intake procedures to1422close loopholes, limit improper fee waivers, and ensure applications1423that do not comply with the law are rejected. These critical efforts1424have strengthened the integrity of our legal immigration system,1425reinforced accountability, and ensured that USCIS resources are1426directed toward lawful, properly-filed cases. Under this1427administration, USCIS is once again enforcing the law as written:1428firmly, consistently, and with integrity. I'm proud of the1429professionalism and discipline our workforce has shown in carrying out1430Congress's mandate.1431   protecting american communities from threats to public safety and1432                           national security1433    Protecting Americans is at the heart of everything we do at USCIS.1434We are committed to safeguarding public safety and national security by1435ensuring that every alien undergoes the most rigorous vetting and1436screening processes possible.1437    Within hours of the November 26, 2025 attack where an Afghan1438national allegedly murdered a National Guard member and severely1439wounded another in Washington, DC, Secretary Noem directed USCIS to put1440asylum processing on hold for aliens from every country, implement a1441full-scale re-review of immigration benefits approved for aliens from1442Presidentially-designated high-risk countries for the last several1443years, and place a hold on the processing of immigration applications1444and petitions for Afghan nationals and aliens from those additional1445countries of concern.1446    We implemented critical national security measures requiring USCIS1447officers to consider negative country-specific factors when vetting1448aliens from 39 high-risk countries, ensuring that USCIS can more1449meaningfully assess whether an alien is potentially a threat to public1450safety or national security.1451    With the support of Secretary Noem, USCIS announced the creation of1452a new vetting center to enhance screening and vetting of immigration1453applications, with resources that allow us to better focus on1454identifying terrorists, criminal aliens, and other threats to public1455safety. The center leverages advanced technologies and works closely1456with law enforcement and intelligence partners to strengthen our1457ability to protect national security.1458    USCIS has referred over 14,400 aliens to ICE since January 20,14592025, for public safety, national security, and fraud concerns,1460including 182 aliens who were confirmed or suspected to be national1461security risks. We have actively collaborated with other agencies on1462immigration enforcement and public safety efforts, resulting in over14632,400 arrests at USCIS field offices since January 20, 2025.1464    USCIS has begun recruiting a new class of immigration officers1465called Homeland Defenders to better support the agency's mission and1466bolster efforts to combat fraud and other threats. Since launching the1467hiring campaign on September 30, USCIS has received more than 50,0001468applications--the highest in agency history. The first Homeland1469Defenders began reporting for duty in early December 2025.1470    USCIS is also exercising new law enforcement authorities delegated1471by Secretary Noem and is hiring a new team of special agents who will1472investigate and refer immigration law violators for prosecution.1473    Additionally, under an updated policy confirming USCIS' role as an1474immigration enforcement agency, our immigration officers are once again1475empowered to enforce immigration law by issuing Notices to Appear1476before an immigration judge to initiate removal proceedings, and they1477have done so in historic numbers. Since January 20, 2025, USCIS1478officers have issued approximately 196,600 Notices to Appear.1479    USCIS has aligned immigration policy with our deeply-held American1480values, issuing policy guidance emphasizing that there is no room in1481America for aliens who espouse anti-American ideologies or support1482terrorist organizations.1483    We have also launched an on-line process for aliens to comply with1484a long-standing alien registration requirement that helps the1485Government track and manage their presence to more effectively enforce1486immigration law, supporting national security and public safety1487efforts.1488                               conclusion1489    In closing, I want to reiterate my commitment--and the commitment1490of every USCIS employee--to restoring integrity, accountability, and1491security to America's legal immigration system. The accomplishments of1492the past year reflect the hard work and dedication of our workforce,1493the leadership of President Trump and Secretary Noem, and our shared1494commitment to putting the interests of the American people first.1495    USCIS stands ready to continue working with Congress and our1496partners across Government to protect the homeland, uphold the rule of1497law, and ensure that our legal immigration system serves the Nation's1498interests. I thank the committee for its attention to our shared1499mission and for its on-going support of USCIS.1500    I welcome your questions.1501    Thank you, Mr. Chairman.15021503    Chairman Garbarino. Thank you, Director Edlow.1504    I now recognize Acting Director Lyons for 5 minutes to1505summarize his opening statement.15061507  STATEMENT OF TODD M. LYONS, SENIOR OFFICIAL PERFORMING THE1508     DUTIES OF THE DIRECTOR, U.S. IMMIGRATION AND CUSTOMS1509       ENFORCEMENT, U.S. DEPARTMENT OF HOMELAND SECURITY15101511    Mr. Lyons. Good morning. Chairman Gabarino, Ranking Member1512Thompson, distinguished Members of the committee, thank you for1513the invitation to discuss the critical work U.S. Immigration1514and Customs is doing every day to carry out President Trump's1515agenda to keep America safe, restore order to our communities,1516and return law--return the rule of law to this country.1517    Under the leadership of President Trump and DHS Secretary1518Kristi Noem, the men and women of ICE have been empowered to do1519exactly what they're trained to do: arrest and remove illegal1520aliens and criminals from our communities. We are enhancing1521public safety, securing our national security, and finally1522restoring integrity of the immigration system that had been1523allowed to collapse. We have supercharged our partnerships with1524State and local law enforcement, empowering offices around the1525country through the 287(g) program to help ICE identify and1526remove criminal aliens. Those partnerships have increased more1527than 900 percent since President Trump took office, and our1528communities are safer for it.1529    I am also proud of our agency's unprecedented hiring1530campaign that led to hiring of more than 12,000 officers and1531special agents in less than a year, and more than 222,0001532individuals submitted applications. This expansion of a well-1533trained and well-vetted work force will help further ICE's1534abilities to execute the President's and Secretary's bold1535agenda.1536    Before discussing our broader operations, I must address1537the situation in Minnesota and the dangers that ICE agents and1538officers face nationwide. While the investigations remain on-1539going, I'm encouraged that some Minnesota officials are finally1540signaling the willingness to cooperate with ICE. But let me be1541clear, promises are not enough. We need action.1542    In the wake of the unprecedented border crisis of the1543previous administration, ICE has stepped into the breach to1544enforce the law. This commitment has a cost. We are facing the1545deadliest operating environment in our agency's history. In1546fiscal year 2025, death threats against ICE personnel increased1547more than 8,000 percent. Assaults on officers have skyrocketed1548over 1,400 percent. One officer in Minnesota had his finger1549bitten off by a protester, egged on by elected officials1550characterizing our offices as Gestapo or secret police. The1551families of personnel--ICE personnel have been made to feel1552unsafe in their homes. I know this first-hand because my own1553family was targeted.1554    But let me send a message to anyone who thinks they can1555intimidate us. You will fail. Despite these perils, our1556officers continue to execute their mission with unwavering1557resolve. We are only getting started. ICE remains committed to1558the fundamental principles that those who illegally enter our1559country must be held accountable.1560    Since the beginning of the second Trump administration, we1561have achieved historic results. From January 20, 2025, through1562January 20, 2026, ICE has conducted nearly 379,000 arrests.1563Among those arrests were more than 7,000 suspected gang members1564and over 1,400 known or suspected terrorists. The President1565tasked us with mass deportation, and we are fulfilling that1566mandate. Thanks to the resources provided by this Congress, we1567are ramping up detention capacities and removal flights daily.1568In the last year alone, we conducted over 475,000 removals.1569    It's a brutal reality that criminal immigration today is1570organized by sophisticated, ruthless transnational criminal1571organizations. These include cartels and transnational gangs1572President Trump has rightfully designated as foreign terrorist1573organizations. The only way to defeat them is to destroy their1574revenue.1575    Within Homeland Security Investigations, our special agents1576are delivering critical outcomes in the fight against1577transnational crime. We are seizing fentanyl before it kills1578our children and dismantling the networks that poison our1579communities. In fiscal year 2025 alone, we seized more than 2.51580million pounds of narcotics, a 50 percent increase from the1581previous year and a critical blow to transnational organization1582groups everywhere. HSI criminal arrests are at the highest1583point in history.1584    However, our approach is just not about enforcement. It is1585about restoring order and dignity to human beings sold alive by1586smugglers and exploited by these TCOs. In August 2024, the DHS1587Office of Inspector General released a report that concluded1588that more than 291,000 unaccompanied alien children, out of1589nearly 450,000 transferred from DHS to HHS custody, were simply1590lost by the system. We are talking about children exploited in1591factories, abused in sexual trades, and living as indentured1592servants on American soil. HSI is leading the charge to find1593them. We have conducted more than 71,000 field engagements to1594locate children, verify sponsor legitimacy, and uncover1595criminal activity related to exploitation. Since February 2025,1596ICE has arrested more than 500 criminal sponsors of these1597offenses, including sexual exploitation and forced labor,1598dismantled more than 2,400 human smuggling operations, and1599along with our Federal partners, located more than 145,0001600children.1601    To further ensure TCOs can never threaten our Nation again,1602President Trump dedicated the establishment of the Homeland1603Security Task Force. The Homeland Security Task Forces1604represent the most aggressive and coordinated attack on TCOs in1605history. Through Cross-Border Financial Crime Center, we have1606developed and implemented a strategy to combat rampant fraud,1607including Government programs in Minnesota and across the1608country. Using this strategy, HSI has opened numerous criminal1609investigations into the complex fraud systems that have1610resulted in the thefts of billions.1611    Much of the fight ICE faces continue to be fueled by so-1612called sanctuary cities. These jurisdictions provided a shield1613for criminal aliens when a local jail refuses to honor ICE1614detainer and releases that predator back into the community.1615ICE exists to enforce America's longstanding immigration and1616custom laws. These laws are grounded in common sense, national1617sovereignty, and simple morality. Our officers and agents1618enforce these without hesitation, without apology. I ask that1619all the Members of the committee treat them with profound1620respect that they have earned.1621    Thank you.1622    [The prepared statement of Mr. Lyons follows:]1623                  Prepared Statement of Todd M. Lyons1624                           February 10, 20261625                              introduction1626    Chairman Garbarino, Ranking Member Thompson, and distinguished1627Members of the committee: Thank you for the invitation to appear today1628to discuss the critical work U.S. Immigration and Customs Enforcement1629(ICE) is doing around the clock to carry out President Donald J.1630Trump's agenda to keep Americans safe, restore order to our1631communities, and return the rule of law to this country. I stand before1632you today with immense pride to represent the dedicated patriots who1633have answered the call to serve their Nation. These men and women do1634not just hold a job; they hold the line, saving American lives. They1635unapologetically enforce the laws of the United States, and they do so1636with a courage that humbles me every single day.1637    Under the leadership of President Trump and Department of Homeland1638Security (DHS) Secretary Kristi Noem, the men and women of ICE have1639been empowered to do exactly what they were trained to do: arrest and1640remove illegal aliens and criminals from our communities. We are1641enhancing public safety, securing our national security, and finally1642restoring integrity to an immigration system that had been allowed to1643collapse. While all illegal aliens are eligible for removal, we have1644prioritized and removed tens of thousands of the ``worst of the1645worst''--known dangerous criminals, known or suspected terrorists, and1646gang members who threaten our neighborhoods.1647    We have supercharged partnerships with State and local law1648enforcement, empowering officers around the country, under the1649authorities given to us by Congress through the 287(g) program, to help1650ICE identify and remove criminal aliens from the United States. Those1651partnerships have increased more than 900 percent since President Trump1652took office, and our communities are safer for it. We encourage more1653agencies and departments around the country to partner with us in this1654noble effort.1655    I am also proud of the agency's unprecedented hiring campaign that1656led to ICE hiring more than 12,000 officers and agents in less than a1657year, after more than 220,000 individuals submitted applications. This1658expansion of our well-trained and well-vetted work force will further1659support ICE's ability to execute on the President and the Secretary's1660bold agenda to enforce our laws and remove illegal aliens.1661                     a deadly operating environment1662    Before discussing our broader operations, I must address the1663situation in Minnesota and the dangers that ICE agents face nationwide.1664While investigations remain on-going, I am encouraged that some1665Minnesota officials are finally signaling a willingness to cooperate1666with ICE. But let me be clear: promises are not enough. We need action.1667The anti-ICE rhetoric from public officials not just in Minnesota but1668throughout the country has fomented violence against dedicated American1669patriots defending our homeland, and this must stop.1670    In the wake of the unprecedented border chaos of the previous1671administration, ICE has stepped into the breach to enforce the law.1672This commitment has come at a cost. Our increased enforcement has been1673met with a surge in threats, assaults, and doxing incidents against our1674employees.1675    We are facing the deadliest operating environment in our agency's1676history. ICE personnel, not to mention their families, are under1677assault like never before in this country. In fiscal year 2025, death1678threats against ICE personnel increased by more than 8,000 percent.1679Assaults on our officers have skyrocketed by over 1,400 percent. One1680officer in Minnesota had his finger bitten off by a left-wing1681protestor, egged on by elected officials characterizing our officers as1682the ``gestapo'' or ``secret police.'' The families of ICE personnel1683have been made to feel unsafe in their own homes simply because their1684loved ones have the courage to enforce the laws passed by this1685Congress. Notably, those criticizing ICE and encouraging this violence1686against our officers and their families were silent amid the horrors1687perpetrated by cartels and human traffickers due to a lack of1688immigration enforcement under the Biden administration.1689    I know this reality first-hand. My own family has been targeted.1690But let me send a message to anyone who thinks they can intimidate us:1691You will fail.1692   the results of ice's increased immigration enforcement operations1693    Despite these perils, our officers continue to execute their1694mission with unwavering resolve. We are only getting started. ICE1695remains committed to the fundamental principle that those who illegally1696enter our country must be held accountable.1697    Since the beginning of the second Trump administration, we have1698achieved historic results. From January 20, 2025, through January 20,16992026, ICE conducted nearly 379,000 arrests. Among these arrested were1700more than 7,300 suspected gang members and 1,400 known or suspected1701terrorists. We have taken these dangerous individuals off our streets,1702making our country dramatically safer.1703    The President tasked us with mass deportations, and we are1704fulfilling that mandate. Thanks to the resources provided by Congress,1705we are ramping up detention capacity and removal flights daily. In the1706last year alone, we conducted over 475,000 removals. We are not just1707inflating statistics by counting border turnarounds; these are real1708removals of individuals with no lawful basis to remain in the United1709States.1710        dismantling tco s and ending atrocities against children1711    It is a brutal reality that illegal immigration today is entirely1712organized by sophisticated, ruthless Transnational Criminal1713Organizations (TCOs). This includes the cartels and transnational gangs1714that President Trump has rightfully designated as Foreign Terrorist1715Organizations (FTOs). For too long, these terrorist groups have1716effectively controlled our Southern Border, deciding who enters, what1717enters, and at what price. These organizations treat human beings as1718cargo and American laws as mere suggestions. The only way to defeat1719them is to destroy their revenue stream.1720    Within Homeland Security Investigations (HSI), our special agents1721are delivering critical outcomes in the fight against transnational1722crime. We are seizing fentanyl before it kills our children and1723dismantling the networks that poison our communities. In fiscal year17242025 alone, we seized more than 2.5 million pounds of narcotics--a 531725percent increase from the previous year and a critical blow to TCO1726revenues. And, HSI criminal arrests are at their highest point in HSI1727history.1728    However, our approach is not just about enforcement; it is about1729restoring order and dignity to many human beings who have been sold a1730lie by smugglers and exploited by these TCOs. Nowhere is the mission1731more urgent, or the history more horrifying, than in the protection of1732children. We must confront the atrocities that were allowed to fester1733under the previous administration. In August 2024, the DHS Office of1734Inspector General released a report that details a campaign of1735negligence against the most vulnerable among us.1736    The report concluded that more than 291,000 Unaccompanied Alien1737Children (UACs)--out of nearly 450,000 transferred from DHS to the1738Department of Health and Human Services' custody--were simply ``lost''1739by the system. These children were not just misplaced files; they were1740human beings abandoned to cartels and traffickers. By failing to issue1741Notices to Appear or locating minors who missed appearances, the Biden-1742Harris administration effectively surrendered them to traffickers and1743forced labor rings. We are talking about children exploited in1744factories, abused in illicit sex trades, and living in indentured1745servitude on American soil. This was a moral stain on our Nation and1746one of the greatest humanitarian tragedies in our history, fueled by a1747refusal to enforce the law.1748    HSI is now leading the charge to find them. We have conducted more1749than 71,000 field engagements to locate children, verify sponsor1750legitimacy, and uncover criminal activity related to exploitation and1751trafficking. These operations have involved comprehensive criminal1752investigations, intelligence gathering, and close coordination with1753Federal, State, and local partners to identify fraudulent sponsors,1754dismantle trafficking networks, and pursue individuals who prey on1755vulnerable children. Since February 2025, HSI has:1756   Arrested over 500 criminal sponsors for offenses including1757        child sexual exploitation, forced labor, identity fraud,1758        immigration violations, and aggravated assault;1759   Dismantled more than 2,400 human smuggling operations,1760        including nearly 730 criminal prosecutions related to human1761        smuggling, human trafficking, immigration violations, and child1762        exploitation; and1763   Reached 45 million people nationwide through public1764        awareness campaigns focused on preventing child trafficking and1765        sponsor fraud.1766    Incredibly, under President Trump's leadership, HSI special agents1767and others within DHS law enforcement and the Department of Health and1768Human Services have also located more than 145,000 UACs who the Biden1769administration lost--many of them exploited, trafficked, and abused.1770    ICE deportations break the back of the TCO business model that1771relies on this trafficking and the abuse and neglect of our legal1772system. When illegal entry no longer serves as a meaningful method to1773plant operatives in the United States and to transport humans and1774product across our borders, these criminal networks lose their sources1775and methods of profit. By removing illegal aliens from the interior and1776rectifying the Biden administration's failures, ICE is not just1777enforcing the law; we are dismantling a machinery of human misery and1778protecting those who were victimized by criminals taking advantage of1779the prior administration's refusal to enforce the law.1780    Further, through the President's ``Project Homecoming'' and our1781Incentivized Voluntary Departure pilot program, we are offering1782individuals the right to self-deport with dignity. This program allows1783aliens to return to their home countries on their own terms, without1784the stigma of a forced removal order. Crucially, by choosing this1785dignified path, they preserve the chance of coming back to the country1786the legal way in the future. We are sending a clear message: Do not1787trust the TCOs with your life. Respect our laws, return home with1788dignity, and keep the door open to a lawful future.1789       homeland security task forces (hstf s) and illicit finance1790    To further ensure these TCOs can never threaten our Nation again,1791President Trump directed the establishment of the Homeland Security1792Task Forces (HSTFs). The HSTFs represent the most aggressive,1793coordinated attack on TCOs in history. Our mandate is clear: dismantle1794the FTO-designated cartels and transnational gangs root and branch.1795    A critical pillar of the HSTF mission is targeting the illicit1796financing that fuels this violence. Under the direct umbrella of the1797HSTFs, we have established the Cross-Border Financial Crime Center.1798This Center is the tip of the spear in our financial war against the1799TCOs.1800    Through the Cross-Border Finance Crime Center, we have developed1801and implemented a targeted strategy to combat rampant fraud involving1802government programs in Minnesota and across the United States. Using1803this strategy, HSI has opened numerous criminal investigations into1804complex fraud schemes that have resulted in the theft of billions of1805taxpayer dollars. HSI is working side-by-side with Federal partners to1806identify those responsible and aggressively recover hard-earned1807taxpayer funds. We are cutting off the money, cutting off the supply,1808and cutting off the leadership. We will not rest until these criminal1809organizations are destroyed.1810                            sanctuary cities1811    Much of the fight that ICE faces in keeping Americans safe is1812fueled by so-called ``Sanctuary Cities.'' The concept of a ``Sanctuary1813City'' is a dangerous lie. These jurisdictions do not provide sanctuary1814for immigrants; they provide a shield for criminals. When a local jail1815refuses to honor an ICE detainer and releases a predator back onto the1816street, they are not protecting their community--they are endangering1817it. They are complicit in every future crime that individual commits.1818We are seeing the impact of these reckless policies in real time, where1819innocent Americans are victimized by individuals who should have been1820deported. Worse yet, many of these sanctuary jurisdictions provide1821financial benefits and incentives to these illegal immigrants at the1822direct expense of the American taxpayer. In our last election,1823Americans voted unequivocally for support for immigration enforcement.1824There is no right to obstruct Federal law enforcement that the American1825people voted for by force or by policy, and we will use every tool1826available to hold these jurisdictions accountable and protect the1827American people.1828                 congressional access to ice facilities1829    We have achieved these outcomes while maintaining transparency.1830Under President Trump's leadership, and consistent with Secretary1831Noem's guidance, ICE supported more than triple the annual number of1832Congressional facility visits compared to the past 10 years. As of1833January 8, 2026, due to the rise in political violence, we are1834enforcing strict security protocols for these visits to ensure the1835safety of our staff, the detainees, and Members of Congress themselves,1836consistent with all court orders.1837    Even though these visits pull enforcement personnel away from1838arresting and removing illegal aliens, including dangerous criminals1839and those with final orders of removal, ICE supported more than 1501840such visits between January 20 and September 30, 2025. We stand by our1841world-class detention operation as we expand it to remove historic1842numbers of illegal aliens.1843   ice will continue to execute its long-standing, statutory mission1844    My agency, ICE, exists to enforce America's long-standing1845immigration and customs laws. These laws are grounded in common sense,1846national sovereignty, and simple morality. Our officers and agents1847enforce them without hesitation and without apology.1848    The men and women of ICE are dedicated, hardworking, and unmatched1849in their professionalism. They are the shield that protects our1850communities. I ask that all Members of this committee treat them with1851the profound respect they have earned.1852    Thank you, and I look forward to your questions.18531854    Chairman Garbarino. Thank you, Acting Director Lyons.1855    Members will be recognized by order of seniority for their18565 minutes of questioning. As we have when Secretary Noem was1857here, we are going to limit it to the 5-minute rule. I am going1858to be strict on that for both sides, so do not be surprised if1859you go over I gavel you down.1860    I now recognize myself for 5 minutes of questions.1861    Acting Director Lyons, I understand that you cannot discuss1862the details of the two recent shootings in Minnesota because1863they are subject of several investigations, including by the1864FBI, the Department of Homeland Security, and the DOJ Civil1865Rights Division. Once concluded, will you commit to providing1866the reports and findings of each investigation to this1867committee?1868    Mr. Lyons. Yes, Mr. Chairman, we're fully committed to give1869you the full and unabridged investigation and the outcome.1870    Chairman Garbarino. Thank you. Commissioner Scott, can the1871committee have the same commitment from you?1872    Commissioner Scott. Yes, sir.1873    Chairman Garbarino. Thank you both. Commissioner Scott and1874Acting Director Lyons, following this hearing, in writing I1875would like to know what is the standard operating procedure for1876each of your agencies for an investigation when deadly force is1877used currently.1878    Acting Director Lyons, are those procedures being followed1879for the two uses of deadly force in Minneapolis this past1880January?1881    Mr. Lyons. Yes, Mr. Chairman.1882    Chairman Garbarino. And Commissioner Scott?1883    Commissioner Scott. Yes, sir, they are.1884    Chairman Garbarino. Were the standard procedures followed1885from the beginning, Mr. Lyons?1886    Mr. Lyons. Yes, sir, they were.1887    Chairman Garbarino. Mr. Scott.1888    Commissioner Scott. Yes, for CBP they were as well.1889    Chairman Garbarino. Thank you very much. We are all1890obviously concerned about officer safety and have seen and1891heard about increasing threats and assaults against law1892enforcement.1893    Director Lyons, are your officers trained regarding the1894difference between a protected protest and what is unlawfully1895impeding law enforcement?1896    Mr. Lyons. Yes, sir. Deportation officers and special1897agents are taught at the Federal Law Enforcement Training1898Center. They are taught in defensive tactics, personal safety,1899but as well as, you know, laws to include 1st, 2nd, 4th, 5th,190010th, 14th Amendment. The officers are trained before they go1901out into the field, and then while they're in the field, they1902are specialized training with disturbance control and other1903special tactics.1904    Chairman Garbarino. Commissioner Scott, are your officers1905similarly trained?1906    Commissioner Scott. Yes, they are. At FLETC, on-going1907training in the field. Then anytime we're deploying them to the1908interior, they get updated law refresher training to include1909the First Amendment and Fourth Amendment.1910    Chairman Garbarino. So I want to focus on the training here1911because with the historic investment in both ICE and CBP, there1912was a surge in hiring. I need to know, for these new hires, is1913the training different than what other agents and officers1914received before the hiring surge?1915    Mr. Lyons, I will let you start there.1916    Mr. Lyons. No, sir, it's not. The training was never--the1917meat of the training was never removed. The time line was. We1918took training from 5 days a week, 8 hours a day, to 6 days a1919week, 12 hours a day.1920    In addition to that, training is different in the fact that1921before officers even go to the Federal Law Enforcement Training1922Academy, there's preemployment training, which we never had1923before. On top of that, we've adapted our on-the-job training1924program, which is much like a city or State field training1925officer program, that once they are removed from the Federal1926Law Enforcement Training Academy, have graduated, before they1927return to their field offices they are assigned a field1928training officer, and that's continued on after that.1929    Chairman Garbarino. So let me get to this. For ICE1930officers, the curriculum has stayed the same, but it is now a1931quicker training? The time line has moved up?1932    Mr. Lyons. That's correct, sir.1933    Chairman Garbarino. OK. But the curriculum is the same?1934    Mr. Lyons. Yes, sir.1935    Chairman Garbarino. All right.1936    Commissioner Scott, can you talk about if there has been a1937change in training since the hiring surge?1938    Commissioner Scott. There's been no change in the training1939within Customs and Border Protection. Border Patrol agents go1940through a 117-day academy. The CBP officers go through a 103-1941day academy. That's actually training days. There's been no1942changes to that. So the only change that has been made is in1943our quarterly training. We've added scenarios based on what we1944most likely think they will encounter in the field. So we've1945encountered some of--we've actually added some of the protest-1946type encounters as well.1947    Chairman Garbarino. So there has been no change in the time1948line either? Same with ICE did that, you did not?1949    Commissioner Scott. No, we did not.1950    Chairman Garbarino. OK. While this is nothing while--1951because I am--this is my last question I am sure. While1952understanding there are not suitable verifications every1953occasion, there has been a lot of talk about the use of deadly1954force. Are agents and officers equipped with and trained in the1955use of tasers or other less lethal alternatives to avoid the1956use of deadly force?1957    Mr. Director Lyons, I will start with you and then Mr.1958Scott, you can finish.1959    Mr. Lyons. Yes, sir. Every deportation officer and special1960agent are trained in secretary--secondary weapons, which1961include the taser, OC spray, and baton.1962    Chairman Garbarino. They are trained----1963    Mr. Lyons. Those are made available.1964    Chairman Garbarino [continuing]. And they are equipped?1965    Mr. Lyons. Yes, sir.1966    Chairman Garbarino. Mr. Scott.1967    Commissioner Scott. It's a similar answer that all of our1968agents have to carry a secondary weapon. They train at the1969academy and then they go through quarterly refresher training1970every 3 months.1971    Chairman Garbarino. OK. I appreciate it. I will have, I am1972sure, some follow-up questions today and I will submit those to1973you in writing.1974    But with that, I yield back. I now recognize the Ranking1975Member for 5 minutes of questions.1976    Mr. Thompson. Thank you very much, Mr. Chairman.1977    Mr. Lyons, how many ICE agents have cameras as of today?1978    Mr. Lyons. Sir, as of today, more than 3,000 ICE officers1979have cameras that are active in the field, with another 6,0001980being deployed, sir.1981    Mr. Thompson. So how many are in the field? How many ICE1982agents are in the field as of today?1983    Mr. Lyons. Oh, I'm sorry sir. Agents in the field today?1984    Mr. Thompson. You said agents in the field. I am just1985trying to get the number of ICE agents who have cameras on1986their body as of today.1987    Mr. Lyons. Approximately 3,000, sir.1988    Mr. Thompson. Three thousand out of how many?1989    Mr. Lyons. Out of approximately 13,000, sir, that are in1990the field.1991    Mr. Thompson. So you have 3,000 out of 13,000 who have1992cameras?1993    Mr. Lyons. Yes, sir.1994    Mr. Thompson. Mr. Scott.1995    Commissioner Scott. I don't have the actual number in front1996of me right now. It's about 10,000. We're building that program1997out as we speak.1998    Mr. Thompson. Ten thousand out of how many?1999    Commissioner Scott. Out of about 67,000. But there, the2000ports of entry, we have significant video.2001    Mr. Thompson. No, no, no, I don't want to go to ports of2002entry. I just want to know how many cameras right now do you2003have on your agents?2004    Commissioner Scott. When you say ``agents,'' Border Patrol2005agents, there's about 10,000.2006    Mr. Thompson. Ten thousand out of how many?2007    Commissioner Scott. Out of 20,000 Border Patrol agents.2008    Mr. Thompson. So half of them?2009    Commissioner Scott. Approximately, yes.2010    Mr. Thompson. So I will give you a chance to look at that2011since you said approximately, and get back to the committee on2012what is the accurate number, not how many you are purchasing,2013how many as of this day.2014    Commissioner Scott. Understood. I will get you that number.2015    Mr. Thompson. Thank you.2016    Mr. Lyons, what is the regular time table of training an2017ICE agent?2018    Mr. Lyons. Right now, sir--sorry about that, sir. Right now2019the training is approximately 47 days at the Federal Law2020Enforcement Academy. Overall training is about 3 months, sir.2021    Mr. Thompson. So you went from 3 months to 47 days?2022    Mr. Lyons. No, no, sir, the whole total training to include2023the preemployment training and then the OJT program is 3 months2024and 47 days in the law enforcement--Federal Law Enforcement2025Training Academy.2026    Mr. Thompson. So they go to FLETC for 47 days or for 32027months?2028    Mr. Lyons. No, sir. You asked for the total training time.2029The total training time now is a combined 3 months, sir, with203047 days at the Federal Law Enforcement Training Academy.2031    Mr. Thompson. So you didn't reduce the time line for any2032ICE agents to come on board?2033    Mr. Lyons. We reduced the time line for the previous2034certified Federal law enforcement officers or special agents,2035where we went to the ones who are already trained in firearms2036and defensive tactics and criminal procedure. We adapted to a2037shorter program so they would just have the extensive2038Immigration Nationality Act training, immigration law, and ICE-2039specific training.2040    Mr. Thompson. So if you hired somebody for ICE today, how2041much training would they receive before they become a full-time2042agent?2043    Mr. Lyons. So for a person off the street who has never2044been a law enforcement officer, they're looking at2045approximately 3 months of training, sir.2046    Mr. Thompson. The 47 days is for who?2047    Mr. Lyons. That is for everyone that hasn't--who's never2048worked for ICE, sir. So you could have someone that's a Capitol2049Police officer, they would not have to go through extended2050training for when it comes to defensive tactics, firearms, et2051cetera. They would have to go through the rigorous immigration2052training, which, unfortunately, immigration law is just as2053confusing and long as tax code, which we have to ensure that we2054devote that extensive time to.2055    Mr. Thompson. Thank you so much.2056    Mr. Lyons. Yes, sir.2057    Mr. Thompson. But would you provide the committee with the2058time line?2059    Mr. Lyons. Yes, sir, we will provide you the----2060    Mr. Thompson. Because some of us understand it is 47 days.2061    Mr. Lyons. Yes, sir, we will provide you----2062    Mr. Thompson. But you are telling us it's 3 months.2063    Mr. Lyons. From the beginning, sir, when they go ahead and2064come on preemployment training to the OJT program afterwards.2065But we will provide the committee with a full breakdown.2066    Mr. Thompson. OK. For Mr. Lyons and Mr. Scott, over the2067past several weeks, the President has made a series of comments2068regarding the midterm election. The President has urged my2069Republican colleagues in Congress to nationalize elections.2070Now, are you involved in any planning on guarding precincts in2071this country as of today, Mr. Scott?2072    Commissioner Scott. No, sir.2073    Mr. Thompson. Mr. Lyons.2074    Mr. Lyons. No, sir.2075    Mr. Thompson. So there is no information? You have not been2076asked to start deploying people for areas anywhere?2077    Mr. Lyons. No, sir.2078    Mr. Thompson. Well, thank you very much. Mr. Lyons--I will2079get it in writing, Mr. Chairman. I am going to follow your2080directions on that.2081    Chairman Garbarino. The gentleman yields back. Thank you,2082Ranking Member.2083    I now recognize the gentleman from Texas, Mr. McCaul, for 52084minutes of questions.2085    Mr. McCaul. Thank you, Mr. Chairman.2086    You know, a decade ago when I chaired this committee, Mr.2087Thompson and I passed a bill to authorize ICE into law. It was2088a bipartisan effort. It passed the House overwhelmingly, both2089Republican and Democrat. A decade later, here we are. The Dems2090have called to abolish ICE. Now they are trying to shut it2091down.2092    So what has happened in that 10 years? Let's go back to the2093last 4 to 5 years what happened in this country and at the2094border. As someone who lives in a border State of Texas, we saw2095the most dangerous, wide-open border that I have seen in my 222096years in Congress, 10 to 12 million people, and that is what we2097know about, I think it is far greater, came into this country,2098many of them dangerous, violent criminals, some known or2099suspected terrorists, which I find extremely dangerous.2100    That is why I served as an impeachment manager for Mayorkas2101because he violated Federal law. The Federal statute says, as a2102former Federal prosecutor, I know this, shall detain aggravated2103felons. What did Mayorkas do? He told his agents, that is2104discretionary, you can release them. As a result, we had tens2105of thousands of aggravated felons left on the streets of2106America to roam freely, not to mention the human and sex2107trafficking of children, Mr. Lyons, as you pointed out.2108    So what is the administration trying to do? They are trying2109to remove a public safety threat from the United States of2110America. That is their job. Restoring public safety should be2111the No. 1 priority.2112    One of the problems here, as I examine it, is that2113Minnesota, Minneapolis, in particular, is a sanctuary city.2114What does that mean? That means that it is a magnet for2115illegal. They are protected under the current situation because2116State and locals will not cooperate with Federal law2117enforcement. In fact, Mr. Lyons, is it not true that they were2118not honoring ICE detainers that were put on dangerous felons in2119prison so that you could remove them from the United States?2120    Mr. Lyons. That is correct, sir. The detainees were not2121honored at the local level in Minneapolis.2122    Mr. McCaul. This is the No. 1 violation. In addition, the2123rhetoric on the left led to over 1,000 percent increase in2124assaults on ICE officers, an increase of over 8,000 death2125threats to them. All this created a perfect storm for our2126officers being thrown into this situation.2127    Then Agent Bovino came into the picture. I would argue, in2128fairness, that he escalated the situation by the way that was2129handled.2130    Your officers are not trained to effectuate crowd control.2131They are trained to move in, surgically, go in and remove these2132dangerous, violent criminals from the United States of America.2133I have called for deescalation after the two deaths, the two2134shootings that took place. I believe that these roving patrols2135should be down at the border rather than in the major cities of2136the United States.2137    So when the President decided to remove Agent Bovino and2138put in Tom Homan, who I have known for years, a consummate2139professional, law enforcement professional, I commended the2140President. What has been done since Mr. Homan came into the2141job? We now have targeted law enforcement operations. He is2142returning to the original mission of ICE. He is working with2143State and locals to do the crowd control. He is getting them to2144honor the ICE detainers. He is also getting the body cameras2145put on them and the roving patrols, in his words to me, should2146be done at the border, not in major cities.2147    My question to you, Mr. Lyons, is Mr. Homan now, are his2148operations in Minneapolis now bringing the situation under2149control?2150    Mr. Lyons. Sir, we have seen a deescalation in the fact2151that the protests, while they still go on, have subsided and2152ICE has been allowed to do their targeted, intelligence-driven2153enforcement operation. Just the other night, local authorities2154arrested 54 protesters at the local level where ICE officers2155did not have to be engaged in that.2156    Mr. McCaul. My final question to you, do you believe the2157model that Mr. Homan is now setting in Minneapolis should be a2158model for the Nation?2159    Chairman Garbarino. The gentleman's time has expired.2160    Mr. McCaul. If he can be allowed----2161    Chairman Garbarino. I understand that, but I am holding----2162    Mr. McCaul. I would like on the record an answer, Mr.2163Chairman. Do you agree that Mr. Homan's model is one for the2164Nation?2165    Chairman Garbarino. The gentleman's time has expired.2166    Mr. McCaul. Yes or no?2167    Chairman Garbarino. I now recognize the gentleman from2168California, Mr. Swalwell, for 5 minutes.2169    Mr. Swalwell. A couple nights ago, I met with a woman who2170works as a cashier at a grocery store, and I told her I was2171coming to see you, Mr. Lyons. She said, will you ask him--and2172she didn't want to give her name. She was terrified to give her2173name. But she said, when I get off my shift around midnight and2174I walk through the parking lot to my car, she said, if somebody2175rolls up in an unidentified van and gets out wearing all black2176and their faces covered and they don't have any identification,2177and they ask me to get into the van, how do I know who they2178are?2179    How does she know, Mr. Lyons? How does she know if they are2180an ICE agent or bad guys?2181    Mr. Lyons. Sir, ICE agents have identifiable placards on2182their uniforms as well as their badges, Representative. But you2183won't see ICE agents rolling through the parking lots and just2184snatching someone up. ICE does intelligence-driven, targeted2185enforcement operations.2186    Mr. Swalwell. Well, Mr. Homan and others have said that2187they target individuals based on the color of their skin and2188the accents that they speak, and that is why people are running2189through the fields and factories where they work.2190    Director Lyons, last year you said in Phoenix at the Border2191Security Expo that you wanted to see a deportation process that2192was like ``Amazon Prime, but with human beings.'' Mr. Lyons,2193how many times has Amazon Prime shot a mom 3 times in the face?2194    Mr. Lyons. None, sir. But you're also----2195    Mr. Swalwell. It is the square root of zero. That is right.2196    Mr. Lyons. Yes, sir. Yes. But if we're going to go down2197that route of my comment, I did say that comment. However, that2198comment was taken out. If you go back and watch the video, I2199did say that we need to be more efficient when it comes to2200removing individuals from the United States. Because ICE2201doesn't detain punitively, we detain to remove. I don't want to2202see people in custody.2203    At the end of my statement was--and again, to your point,2204it was a industry day for AI inefficiencies. But I did say at2205the end of it, but we deal with human beings, so we can't be2206like them.2207    Mr. Swalwell. Speaking of----2208    Mr. Lyons. That's the key part that you're leaving out.2209    Mr. Swalwell. Well, speaking of human beings, how many2210times has Amazon Prime shot a nurse 10 times in the back?2211    Mr. Lyons. None.2212    Mr. Swalwell. How many times has Amazon Prime dragged a2213woman out of her car by her hair and then dragged her down the2214street?2215    Mr. Lyons. None.2216    Mr. Swalwell. How many ICE agents have been fired for their2217conduct under your leadership?2218    Mr. Lyons. Sir, I can get you that data. I'll get that back2219to you.2220    Mr. Swalwell. Is it more than one?2221    Mr. Lyons. I'm not going to speak about personnel actions,2222but I'll get you that data.2223    Mr. Swalwell. Can you tell us if at least--God, I hope at2224least one person has been fired for their conduct since these2225operations have begun. Are you telling us you can't even say2226one person has been fired?2227    Mr. Lyons. Sir, I'm not going to talk about personnel2228actions, but we will get back to you.2229    Mr. Swalwell. But two people have been killed so far. Is2230that right? A nurse named Pretti and a mom named Good. Two2231people have been killed so far?2232    Mr. Lyons. Yes, sir.2233    Mr. Swalwell. Mr. Lyons, will you apologize to the family2234of Renee Good for being called a domestic terrorist by the2235President and his leadership?2236    Mr. Lyons. No, sir.2237    Mr. Swalwell. Why not?2238    Mr. Lyons. Sir, I welcome the opportunity to speak to the2239family in private, but I'm not going to comment on any active2240investigation.2241    Mr. Swalwell. Is she a domestic terrorist?2242    Mr. Lyons. Sir, I'm not going to comment on the2243investigation. The President and Secretary Noem are elected2244officials. That's their right to their comments. But as law--2245career law enforcement, we won't speak to any.2246    Mr. Swalwell. Do you agree with their comments?2247    Mr. Lyons. Sir, I'm not going to go ahead and talk about2248any on-going investigation.2249    Mr. Swalwell. Will you apologize to the family of Alex2250Pretti for also being called a domestic terrorist?2251    Mr. Lyons. Sir, again, I'm not going to speak to any on-2252going investigation.2253    Mr. Swalwell. Mr. Lyons, your staying to lead ICE is a2254decision.2255    Mr. Lyons. Sir, I'm sorry?2256    Mr. Swalwell. Your staying on to lead ICE is a decision. I2257have read your background. You have a decorated career, you2258have served in the military. You are what I would call2259otherwise employable. I think most people would agree this is2260not the only job that you can get. But since you have been on2261this job, women have been dragged by their hair through our2262streets. A 6-year-old child battling stage 4 cancer has been2263deported and it turns out he was a U.S. citizen. People are2264running through the fields where they work. People who have2265gone to the streets as allies have been shot and publicly2266executed. It is a decision to stay on at this point.2267    Considering your honorable service in the past and the2268dishonorable acts that those who have worked for you have2269conducted, and the disgraceful statements that the leadership2270above you have said, you now have a decision. Will you stand2271with the kids who you are supposed to protect or will you side2272with the killers bringing terror to our streets? Mr. Lyons,2273will you resign from ICE?2274    Mr. Lyons. No, sir, I won't.2275    Mr. Swalwell. Why not?2276    Mr. Lyons. Because, sir, that child that you're showing2277right there, the men and women of ICE took care of him when his2278father abandoned him and ran from law enforcement.2279    Chairman Garbarino. The gentleman's time has expired.2280    Mr. Swalwell. He never should have gone into custody.2281    Chairman Garbarino. The gentleman's time has expired.2282    I recognize the gentleman from Mississippi, Mr. Guest, for22835 minutes.2284    Mr. Guest. Thank you, Mr. Chairman.2285    Mr. Chairman, we stand on the verge of a second Democrat2286shutdown of the United States Department of Homeland Security2287just within the last 90 days. The Department of Homeland2288Security employs 260,000 men and women across 22 different2289agencies. Those agencies include 63,000 men and women who work2290for CBP, 60,000 who work for TSA, 22,000 for FEMA, 18,000 who2291works for USCIS, almost 50,000 civilian and military employees2292with the United States Coast Guard, 7,800 Secret Service2293employees, 2,500 CISA employees, and over 8,000 agents and2294analysts with the Department of Homeland Security Investigation2295who perform a crucial function, a crucial function to protect2296and serve this country.2297    This second Government shutdown, led by my friends on the2298Democrat side of the aisle, will leave our country less safe.2299Don't just take my word for it. Let's look at the words of the2300Biden administration. President Biden and Kamala Harris'2301Department of Homeland Security, in September 2023, as the2302Nation faced a potential Government shutdown, they issued a2303fact sheet. That fact sheet is entitled, ``The Impact of2304Government Shutdown on the DHS Workforce.'' This fact sheet2305says this. It says, ``DHS work force is comprised of2306extraordinary public servants who safeguard this Nation.'' It2307goes on to say, ``Any lapse in Federal funding would disrupt2308this vital work, leaving Americans less safe as a result.''2309    Those working without pay include law enforcement2310conducting such acts as seizing illegal narcotics like2311fentanyl, combating child exploitation and child predators,2312identify and arresting human trafficking, responding to natural2313disasters, preventing cyber attacks, and protecting U.S.2314Government leaders.2315    So I ask you, gentlemen, as we are once again on the verge2316of a shutdown of the Department of Homeland Security, if the2317Democrats take us to the edge, if they refuse to sign a CR, if,2318once again, the men and women who serve under your leadership,2319if they are once again not paid, I ask you, how will that2320impact our Nation? Will America be more safe or will America be2321less safe if we are once again led into a Government shutdown2322by the Democrat Party? Mr. Scott.2323    Commissioner Scott. I believe consistency in seeing support2324from the leadership on both sides of this building and the2325President is very important to border security. I think the2326rhetoric and the back-and-forth, the politicizing of law2327enforcement in general detracts from the general morale of our2328personnel.2329    Mr. Guest. Is it not important that we pay the men and2330women who serve under your command?2331    Commissioner Scott. It's critically important.2332    Mr. Guest. In a Government shutdown, the bills don't stop,2333do they not? The bills continue to accrue.2334    Commissioner Scott. Correct.2335    Mr. Guest. The deployment of technology ceases in many2336cases and America becomes less safe. Would you agree with that2337statement?2338    Commissioner Scott. I would agree America becomes less2339safe.2340    Mr. Guest. Mr. Edlow, what about you?2341    Mr. Edlow. Well, Congressman, as I'm sure you're aware,2342USCIS is a little different in that we are fee-funded. So2343during a shutdown, the men and women working for USCIS will2344continue to be paid.2345    However, in terms of our screening and vetting enterprises,2346as well as everything else we do, we form very--we have formed2347very, very strong working relationships with the other2348components and that's critical for us to be able to do our2349work. While we may be there, able to continue, without our2350partners being paid and with them being furloughed it's going2351to make America significantly less safe.2352    Mr. Guest. Mr. Lyons.2353    Mr. Lyons. Yes, sir. It will have a great impact,2354especially on the Homeland Security task forces and the men and2355women that are focused on the transnational crime and foreign2356terrorist organization.2357    Mr. Guest. Mr. Lyons, very quickly, we have had many2358Members of this committee who have made allegations. The2359Democrats have, once again, taken the mantle of the party to2360defund the police and abolish ICE. Do you wish to take my last2361few seconds to speak about the consequences that has on the men2362and women that you serve?2363    Mr. Lyons. The men and women of ICE are sworn law2364enforcement officers who are dedicated to do their mission to2365protect the United States.2366    Mr. Guest. Thank you, Mr. Chairman. I yield back.2367    Chairman Garbarino. The gentleman yields back.2368    I now recognize the gentleman from California, Mr. Correa,23695 minutes of questions.2370    Mr. Correa. Thank you, Mr. Chairman. I want to welcome our2371witnesses today.2372    Gentlemen, I wanted to start out by talking a little bit2373about my district, Southern California, Disneyland. Southern2374California is the center of manufacturing for the United2375States. California, biggest ag State in the union. California,2376also big donor taxpayer dollars to the United States. President2377Trump got elected on the promise to deport the worst of the2378worst. Your numbers, Mr. Lyons, less than 14 percent of those2379arrested by ICE first year, 2025, had charges or convictions of2380violence; 70 percent of those deported had not even a traffic2381ticket.2382    Mr. Lyons, I think we are all patriots, but I am trying to2383figure out how, this is a question to you, sir, how deporting a2384nanny makes our Nation safer, stronger. How trying to deport2385the father of three Marines make this country stronger. How2386deporting the parents of number of Marines at Camp Pendleton2387makes this Nation stronger.2388    Mr. Lyons. Sir, thank you for your welcome first off.2389    Just to address your--the numbers with the 14 percent, sir,2390that's 14 percent that are listed as violent criminal felonies.2391However, what's left out of that is the fact that what's left2392off that----2393    Mr. Correa. Those 70 percent that don't have a traffic2394ticket and deported, how has that made our Nation stronger?2395    Mr. Lyons. Sir, if you look at what ICE has done, more than239660 percent of every individual that is in ICE custody has a2397pending or a conviction on a criminal charge. Not to count2398the----2399    Mr. Correa. Sir, let me move ahead. I only have 3 minutes2400and we will talk later.2401    Mr. Lyons. Yes, sir.2402    Mr. Correa. Let's talk about American citizens. Again, back2403home, people, young people, asking me what do I have to carry2404with me so I won't be deported? Is, Mr. Lyons, carrying a2405passport, is that enough so they won't be detained or deported2406in my district?2407    Mr. Lyons. Sir, an American citizen shouldn't carry--or2408shouldn't feel the need to carry a passport.2409    Mr. Correa. Let me tell you what some of your ICE agents2410have done. They pulled over a gentleman in a pickup truck,2411showed his passport, they threw it to the side, detained him.2412What do we have to do to show that we are American citizens?2413    Mr. Lyons. Sir, no American citizen falls under Title 8. No2414American citizen will be arrested for being American citizens.2415    Mr. Correa. But you just said to my colleague that nobody2416has been fired because of violations of the law for2417disciplinary actions, yet this is happening in my district. Mr.2418Lyons, we are a very boring district. We work hard, mind our2419own business. ICE in our streets now. People are terrorized,2420American citizens. Number of cases of Americans being detained,2421being taken in, some being held for 5 days. Sir, what do we do2422with those people in that situation? What do we tell them?2423    Mr. Lyons. Sir, I don't know of any particular case that2424you're speaking of an American citizen being----2425    Mr. Correa. I am more than happy to provide you a list,2426sir.2427    Mr. Lyons. One hundred percent, sir.2428    Mr. Correa. So let me ask you, sir, are you surveilling2429U.S. citizens today?2430    Mr. Lyons. No, sir.2431    Mr. Correa. Those people protesting, practicing this First2432Amendment right, photos of them, data taken, they are not being2433placed in any kind of a database?2434    Mr. Lyons. There is no database for protesters, sir.2435    Mr. Correa. One of your officers in Maine said to one of2436the individuals protesting, we are going to put your face in a2437little database. What does that mean? Do you have a little2438database----2439    Mr. Lyons. No, sir.2440    Mr. Correa [continuing]. Of Americans?2441    Mr. Lyons. No, sir, we don't.2442    Mr. Correa. Then what do you think your ICE agent was doing2443to this individual when he said those statements?2444    Mr. Lyons. I can't speak for that individual, sir, but I2445can assure you there is no database that's tracking United2446States citizens.2447    Mr. Correa. Sir, California, we are a sanctuary State. Does2448that cause you a problem picking up individuals?2449    Mr. Lyons. Yes, sir.2450    Mr. Correa. I have with me today some data from Sheriff2451Barnes, Orange County sheriff. Very good friend, has been here2452to testify numerous times. For 2025, he referred about 3002453individuals for your office to pick up, 250 were picked up, 502454were never picked up. We had a long conversation saying what is2455going on? If these are the worst of the worst, you have called2456ICE to pick them up and you didn't pick them up. Can you2457explain to us why you didn't pick up all these individuals that2458were referred to your office to pick up?2459    Mr. Lyons. Yes, sir. That's the key part of that, is the2460referral. We make sure that those individuals are eligible to2461be placed in detention and for movability. So in that case----2462    Mr. Correa. You never even looked at those individuals.2463    Chairman Garbarino. The gentleman's time has expired.2464    Mr. Correa. I would like to talk to you about this issue2465later on, Mr. Lyons. Thank you very much.2466    Chairman Garbarino. The gentleman's time has expired.2467    I now recognize the gentleman from Texas, Mr. Pfluger, for24685 minutes of questions.2469    Mr. Pfluger. Thank you, Mr. Chairman.2470    Why are we here? I think it is pretty clear that until2471proven otherwise, at 5 years of experience, that it seems like2472one side of the aisle is in favor of open borders and wants to2473abolish ICE. I hope that that can be proven wrong. The other2474side of the aisle wants to enforce the laws that are on the2475books.2476    Commissioner Scott, how many administrations have you2477worked for in your career?2478    Commissioner Scott. Since the Clinton administration.2479    Mr. Pfluger. So multiple Republicans, multiple Democrats.2480    Commissioner Scott. Correct.2481    Mr. Pfluger. Is it a crime to enter this country illegally2482and to skip a notice to appear, to skip a court-ordered2483appearance, and to not comply with the laws that that are on2484the books?2485    Commissioner Scott. Yes, sir.2486    Mr. Pfluger. Has that changed since you started working for2487President Clinton?2488    Commissioner Scott. No.2489    Mr. Pfluger. So I can't imagine, establishing the fact that2490it is a crime to skip a notice to appear, we had 10 to 122491million people who entered this country illegally in the Biden2492administration, as a conservative estimate. There are sanctuary2493cities all throughout the United States who have said we will2494not comply with Federal laws. That is why we are here today.2495    I can't imagine being a DHS officer, an ICE officer, and2496being threatened with violence, having death threats, being2497doxed, having your family identified, putting that on the2498internet, and violently telling you that they are going to kill2499you because you are enforcing the laws that are on those books2500that were passed by both sides of the aisle in this body.2501    Director Lyons, how many of your agents are being doxed,2502threatened, or harassed?2503    Mr. Lyons. We've had over an 8,000 percent increase on2504death threats.2505    Mr. Pfluger. You know, I am in the middle of working a2506bipartisan domestic terrorism working group with another Member2507on this committee. There is a group called Defend 612 that has2508come out with tactics, techniques, and procedures in2509Minneapolis to do things like encourage protesters to impede2510law enforcement, to push civilians toward legally and2511physically risky confrontations, to help mobilize a2512counterprotest, to help to coordinate strategies and trainings2513to aid illegal immigrants to avoid detention. Are you familiar2514with groups like this, Defend 612?2515    Mr. Lyons. Yes, sir. We have multiple groups around that in2516all 50 States.2517    Mr. Pfluger. There is an article written by Christina2518Buttons and I would like unanimous consent to enter this into2519the record, called ``Inside Minneapolis's ICE Watch Network.''2520Chairman, I seek unanimous consent to enter this.2521    Chairman Garbarino. Without objection.2522    [The information follows:]2523    [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]25242525    Mr. Pfluger. This article talks about these tactics,2526techniques, and procedures that put your law enforcement agents2527and your agents at risk. What is different about Minneapolis?2528What kind of coordination have you received from the local2529police department that we don't see any of this in Texas? We2530have not seen--and there have been many ICE operations that2531have happened in Texas. But what is different from what you2532have seen in Minneapolis?2533    Mr. Lyons. Unfortunately, sir, in the beginning of the2534Minneapolis operation, we didn't see any cooperation at the2535State or the local level, whether it be from the Minneapolis2536Police Department or the Minnesota State Police, which led to2537ICE officers and agents, as well as our other Federal partners,2538pretty much having to defend themselves from whatever2539impediment, riots, or protests.2540    Mr. Pfluger. Were they told by local elected officials not2541to cooperate?2542    Mr. Lyons. Yes, sir.2543    Mr. Pfluger. Is that because they are a sanctuary city?2544    Mr. Lyons. I'm assuming that's what it is, sir. But I can't2545speak to the mind over those elected officials, but they were2546ordered not to stand up.2547    Mr. Pfluger. How did it make you feel as somebody who2548carries out the laws that this body has passed, when you hear2549the mayor of Minneapolis say, F ICE?2550    Mr. Lyons. Oh, sir, it's--I mean, from a morale standpoint,2551it hurts us to the fact that for decades, and I've worked since2552President Bush, ICE has always been in Minneapolis. We've2553always been in every major city and State, so it wasn't like it2554was a brand-new thing. We've always been doing immigration2555enforcement. So that's demoralizing.2556    Mr. Pfluger. Commissioner Scott, are you separating2557families?2558    Commissioner Scott. No.2559    Mr. Pfluger. Tell me about when you served President Obama.2560Has anything changed in the policy of deportation? How many2561people did President Obama deport?2562    Commissioner Scott. I don't have that number in front of2563me. Policies and how things are enforced do change. The laws2564have not changed. I believe what you're referring to is2565literally when someone is arrested, whether it's on immigration2566or whether it's a normal criminal offense and they have2567children, we don't necessarily prosecute the children. But when2568someone's deported, if they want to take their children with2569them, they have that right. We do not separate them.2570    Mr. Pfluger. I hope that the other side of the aisle will2571read this article on Defend 612 and look at the tactics,2572techniques, and procedures. If this is domestic terrorism,2573where we have a group that is on Signal, that is calling out2574agents and doing things to interrupt, intercede, and prevent2575law enforcement from carrying out the laws that this body2576passed, that you will have the courage to call it domestic2577terror terrorism if it is that way.2578    I yield back.2579    Chairman Garbarino. The gentlemen yields back.2580    I now recognize the gentleman from Michigan, Mr. Thanedar,2581for 5 minutes of questions.2582    Mr. Thanedar. Thank you, Mr. Chairman. Good morning to our2583witnesses.2584    Commissioner Scott, did the ICU nurse Alex Pretti deserve2585to die?2586    Commissioner Scott. I cannot comment on an on-going2587investigation, sir.2588    Mr. Thanedar. Do you believe that he deserved to die?2589Should he be killed by your agents?2590    Commissioner Scott. I'm not going to comment on an on-going2591investigation, sir, before it's concluded and all the facts are2592available.2593    Mr. Thanedar. Do you agree with CBP Commander Bovino's2594statement that Alex Pretti was planning to massacre law2595enforcement agents?2596    Commissioner Scott. I'm not going to comment on an on-going2597investigation, sir.2598    Mr. Thanedar. Director Lyons, did Renee Good deserve to2599die?2600    Mr. Lyons. Sir, I can't comment on on-going investigations.2601    Mr. Thanedar. Director Lyons, do you agree with Secretary2602Noem and Vice President Vance's characterization of Renee Good2603as a domestic terrorist?2604    Mr. Lyons. Sir, I can't speak to their comments as that2605they are their own, but as an on-going investigation, I can't2606speak to that.2607    Mr. Thanedar. Director Lyons, what did your agents mean2608when he said, ``You raise your voice, I erase your voice,'' in2609the video just that we have seen, all of us have seen.2610    Mr. Lyons. Sir, I'm not aware of that video that you have,2611sir. I can't comment on what that officer has said.2612    Mr. Thanedar. Does that statement, if that statement--if I2613show you the video of that, does that statement reflect the2614value of your agency? Does ICE respect and adhere to the First2615Amendment?2616    Mr. Lyons. Yes, sir. ICE does respect and refer to the2617First Amendment, but that doesn't respect--that--your statement2618you said doesn't represent the values of the men and women of2619ICE.2620    Mr. Thanedar. Commissioner Scott, does CBP respect and2621adhere to the First and Second Amendment?2622    Commissioner Scott. Yes, we do.2623    Mr. Thanedar. Don't you agree that Alex Pretti had every2624right to exercise his First and Second Amendment freedoms2625before being shot in the streets by one of your agents?2626    Commissioner Scott. I believe every person in the United2627States has a right to their Constitutional rights.2628    Mr. Thanedar. Look, I have heard and seen enough. I am just2629sick and tired of your agents running around in our cities, in2630our streets, causing illegal activities. ICE and CBP thugs are2631roaming our streets, attacking our communities, using our2632children as bait, referring to people as bodies and numbers,2633targeting people for their accents and the color of their skin,2634and killing American citizens, all while showing zero remorse2635for their actions.2636    Director Lyons and Commissioner Scott, do you think2637President Trump will pardon you and your boss, Kristi Noem,2638before he leaves office, just like he has for insurrectionists2639and his political allies? Do you believe President Trump will2640pardon you? Because--go ahead.2641    Commissioner Scott. I'm not going to speak on behalf of2642President Trump. But I'll tell you, I signed up for this job to2643protect America, and I'm very proud of the service that I2644provide. I don't need a pardon from anybody.2645    Mr. Thanedar. Well, you better hope so. You better hope you2646get--been pardoned because you will be held accountable for the2647absolute disregard of the law your agencies have shown over the2648past year.2649    Your agencies have lost the trust of the American people,2650with millions taking to the streets to protest the illegal2651actions of your agencies. That is why I introduced a bill in2652the U.S. Congress to abolish ICE. ICE must be abolished.2653    I also cosponsored a bill to impeach Secretary Kristi Noem.2654I believe Kristi Noem must be impeached. This Congress must do2655everything in its power to carry out oversight actions against2656these rogue departments, including----2657    Chairman Garbarino. The gentleman's time has expired.2658    A witness has requested a break. The committee will recess2659for 5 minutes. Members of the audience will remain seated.2660    [Recess.]2661    Chairman Garbarino. The committee will come to order.2662    I now recognize the gentleman from Texas, Mr. Gonzales, for26635 minutes of questions.2664    Mr. Gonzales. Thank you, Chairman. Thank you, gentlemen,2665for your service to our great country.2666    I was speaking to some agents that were deployed from Texas2667to Minnesota, just asking for the ground truth of what was2668happening. One of the things that stood out to me is one of the2669agents said, Tony, it reminds me a lot of Fallujah. Having2670someone that served in Fallujah, that caught my attention.2671    So my question first is to you, Commissioner Scott, is on2672the safety of our agents. In particular, I see that these task2673forces work, these anti-gang, these anti-terrorism task forces.2674But thinking of Fallujah reminds me of we were fighting a war2675that was the Persian Gulf, when the world had changed. So my2676question is, is there a way we can protect our law2677enforcement--our Federal law enforcement agents in particular,2678through--I have got a bill, in particular through bulletproof2679glass or ballistic windshields? Is that something you think2680that could help protect the law enforcement officers that are2681on the front lines?2682    Commissioner Scott. I think that can help protect the2683officers on the front lines, but it goes much farther than that2684because things have changed. So the tactical infrastructure at2685the border, the bulletproof vests, all of that, that helps2686tremendously. But we're fighting a different fight now. The2687reason you saw so many people surged into Los Angeles at one2688point and then now into Minneapolis was because we had to surge2689additional resources in to protect the ICE agents that were2690literally just going to try to make a lawful arrest. So we had2691to put in two teams, one to do the arrest and another one to2692deal with the protesters.2693    Luckily, CBP--well, not luckily, unfortunately--CBP has had2694to build out this capability over the years because we had been2695dealing with increased protests at the border, mass incursions.2696So we trained our people how to do crowd control.2697    But let's not miss the fact that we have coordinated, well-2698funded, and I think insurgencies or terrorist organizations,2699however you want to call it, literally trying to prevent legal2700laws from being enforced in the United States. That is a2701dramatic change. That's why we've had to shift. So we got to2702figure out how to protect our officers and agents more2703holistically.2704    On social media, how do we keep them from being doxxed?2705When somebody goes to like did to Director Lyons, they follow2706his kid home and then have protests in his front yard and then2707put it out live on video, that needs to be a crime. I don't2708want to violate anybody's right to free speech, but going into2709your front yard and harassing your family just because you're a2710law enforcement officer, that should not be a protected action.2711    Mr. Gonzales. The world has changed and we need to change2712with it to make sure our Federal law enforcement officers and2713their families are protected.2714    My next question is for Director Lyons. Body cameras have2715been deployed in Minnesota. I think transparency helps regain2716public trust. Is there any plan to release any of the footage2717to the public?2718    Mr. Lyons. One hundred percent, sir. That's one thing that2719I'm committed to, is full transparency. I fully welcome body2720cameras all across the spectrum in all of our law enforcement2721activities. Yes, sir, body cam footage will be released.2722    Mr. Gonzales. I agree with you completely. Everyone assumes2723this body camera footage is bad footage. In so many cases, it2724is the exact opposite. We get a show from the officer's lens2725where what exactly they are dealing with on a daily basis, not2726just a 15-second clip we see on TikTok or whatever it may be. I2727am very pleased to hear the releasing of more public footage.2728    My next question is for you, Commissioner Scott. As a2729Member of Congress, I have a very similar--all of us--the2730question is really for all of us. As a Member of Congress, what2731can I do to make sure what happened in Minnesota doesn't happen2732in my community?2733    Commissioner Scott. Put laws in place that protect our2734officers and agents so they can go out and do their job2735confidently and know they really truly have the backing. Then I2736got to plug it, actually fund the programs. So when body2737cameras got rolled out to CBP, the technical capability, the2738camera got rolled out, but the funding for the personnel to2739support the programs and the data, that can drain basically all2740your other operations. So fund the entire program so that we2741can be transparent and, and that we can make sure America knows2742what we're doing because that trust is critically important.2743    Mr. Gonzales. Thank you for that.2744    My next question is to Director Edlow. Too many times we2745talk about the enforcement side, which I think is very2746important. We see the millions of criminal aliens that are2747loose in our country. We got to go out there and keep our2748community safe. But we need to be talking more about the legal2749aspect of it, the people that are doing it the right way. I was2750very encouraged to see 65,000 visas get released not too long2751ago. The question I have is what are the detail--what is the2752time line behind that? What is the purpose of those? Can you2753specifically speak to the legal visa process?2754    Mr. Edlow. Well, you're referring to the 65,000 that were2755the supplemental H2Bs.2756    Mr. Gonzales. Yes. Exactly right.2757    Mr. Edlow. That's a--there's 60,000 or 65,000--66,000,2758excuse me, that go out every year at 2 times in the year. Then2759Congress has for many, many years given the Department the2760authority through the Secretary to increase that based on the2761needs of the country so that that--those visas were released. I2762don't remember exactly when the----2763    Chairman Garbarino. The gentleman's time has expired. I2764apologize. Again, any questions--I know I am being tight on the2765rules, we have to be. There are a lot of questions. We want to2766get through everything today. Any Members will be able to2767submit questions in writing and you can detail these. Thank you2768very much.2769    I now recognize the gentleman from Rhode Island, Mr.2770Magaziner, for 5 minutes of questions.2771    Mr. Magaziner. Mr. Lyons, has ICE hired anyone who is2772charged with a crime related to the January 6 riot here at the2773Capitol?2774    Mr. Lyons. Sir, I don't have that information, but I would2775say no.2776    Mr. Magaziner. Would you--could you find out and please2777report back?2778    Mr. Lyons. Yes, sir, I'll get that. I will take that as----2779    Mr. Magaziner. Would you hire someone who attacked police2780officers here on January 6 even though they were,2781unfortunately, pardoned by the President?2782    Mr. Lyons. Sir, we take assault on law enforcement very2783serious. We have a good strenuous vetting program, I'm sure.2784    Mr. Magaziner. Thank you. Commissioner Scott, how many of2785your agents have been disciplined for excessive use of force2786over the past year?2787    Commissioner Scott. I cannot comment on on-going or----2788    Mr. Magaziner. I am not asking you to comment on specific2789investigation. How many of your agents have been disciplined? I2790am just asking for the total of excessive force.2791    Commissioner Scott. I'll get that number to you. I don't2792have it in front of me.2793    Mr. Magaziner. All right. I sent you a letter asking that2794question and haven't received a response. Will you commit to2795sending a response to me, please?2796    Commissioner Scott. Yes, sir.2797    Mr. Magaziner. All right. I would like you to view this2798video.2799    [Video shown.]2800    Mr. Magaziner. Are you familiar with this incident?2801    Commissioner Scott. Yes.2802    Mr. Magaziner. OK. Now, this is a family of United States2803citizens who were out to get groceries at a Sam's Club in2804Chicago. When they arrived, they could see that there was a2805chaotic operation in the parking lot. They turned their vehicle2806to leave, at which point your agents sprayed pepper spray out2807of their vehicle and into the driver's side window of the2808Verazas' family vehicle.2809    Is it proper procedure to aim pepper spray into the window2810of a moving vehicle?2811    Commissioner Scott. I'm not familiar. I don't have all the2812details on this. It's an on-going investigation.2813    Mr. Magaziner. I am not asking you about----2814    Commissioner Scott. But to answer your specific question--2815--2816    Mr. Magaziner. Is it proper procedure?2817    Commissioner Scott [continuing]. We try to avoid that. No2818is it not proper procedure.2819    Mr. Magaziner. You try to avoid it. Because you understand2820it is dangerous, right? Not just for the driver, but for2821pedestrians, for other people who could be hit by a car if a2822driver is blinded, right?2823    Commissioner Scott. I 100 percent understand that, but2824you're talking about intentional versus not intentional.2825    Mr. Magaziner. Well, now, listen, I mean, in the video----2826    Commissioner Scott. If you've been in a vehicle in one of2827these situations----2828    Mr. Magaziner. Mr. Scott, reclaiming my time.2829    From the video, this was clearly intentional. You know as2830well as I do that in any other law enforcement agency, if an2831officer did this, they would be put on leave, investigated, and2832likely disciplined. Were any of your agents ever investigated2833or disciplined for this incident?2834    Commissioner Scott. I have to get back to you on this2835incident.2836    Mr. Magaziner. So you don't know.2837    Commissioner Scott. I believe it's still an on-going2838investigation, but we have at least 10 open cases.2839    Mr. Magaziner. I would like to show you another video. This2840one is from Minneapolis.2841    [Video shown.]2842    Mr. Magaziner. So, as you can see, the agent sprayed pepper2843spray at close range directly into the face of an individual2844who had already been pinned to the ground by 3 other agents.2845There is a picture of this behind me to give you a better view.2846Is this proper procedure for the use of pepper spray?2847    Commissioner Scott. I cannot comment on that because you're2848only showing one piece, and----2849    Mr. Magaziner. Has this agent been investigated?2850    Commissioner Scott [continuing]. That subject's clearly not2851compliant.2852    Mr. Magaziner. But this is not the intended use of this2853weapon, correct?2854    Commissioner Scott. The intended use is to try to avoid2855escalating. It's to deescalate the situation and get the2856individual compliant.2857    Mr. Magaziner. All right. Well, he was already pinned to2858the ground by 3 other agents. I think he had been deescalated.2859Is there any investigation into this agent for doing this?2860    Commissioner Scott. I'll get back to you. There are several2861open investigations.2862    Mr. Magaziner. All right. Listen, there has been no2863accountability in your agency under the Trump administration.2864None. Your agency has repeatedly been caught on tape using2865unnecessary violence against civilians. You can't even tell me2866if any of these agents have been investigated or disciplined.2867You are supposed to be making people safer and, instead, your2868agents are being unnecessarily violent. That is why the Trump2869administration has lost the trust of the American people on2870immigration.2871    Understand, it is not just the actions of the agents in the2872field. It is the lack of accountability from the top that has2873caused public trust to erode. There need to be major reforms2874before we vote to give any of you any more funding.2875    Your agencies need to act like other law enforcement2876agencies. Take off the masks, wear badge numbers, enforce2877discipline with real standards of conduct. But accountability2878starts at the top. Kristi Noem is completely unfit and should2879be removed from office.2880    All of the operations that we just watched were overseen by2881Commander Gregory Bovino, who himself engaged in excessive use2882of force. He even admitted that he lied to a Federal judge when2883he claimed he had been hit by a rock prior to throwing tear2884gas--a tear gas canister at a crowd of civilians. But then2885after the footage came out and that turned out to be not true,2886he admitted that he had lied about it.2887    Mr. Scott, what disciplinary action do you plan to take2888against Mr. Bovino?2889    Commissioner Scott. I cannot comment on personnel actions2890on any----2891    Mr. Magaziner. Is there an investigation under way or being2892considered into Mr. Bovino?2893    Commissioner Scott. Every allegation and every use of force2894is fully investigated within DHS.2895    Mr. Magaziner. Well, please investigate him.2896    Commissioner Scott. It goes through a review board and----2897    Mr. Magaziner. You need to start----2898    Chairman Garbarino. The gentleman's----2899    Mr. Magaziner [continuing]. Enforcing discipline in your2900agency.2901    Chairman Garbarino. The gentleman's time has expired.2902    I now recognize the gentleman from Alabama, Mr. Strong, for29035 minutes of questions.2904    Mr. Strong. Thank you, Chairman Garbarino, Ranking Member2905Thompson, and thank you to all our witnesses for being here2906today.2907    Let me start with the simple facts. The border is now2908closed. Fentanyl poisonings are down by more than 35 percent. I2909thank each of you for your service to our country.2910    I remember in April 2023 when then-Secretary Mayorkas2911testified before this very committee that the U.S. border was,2912and I quote, ``secure,'' and not open. At the same time, under2913his leadership, illegal alien population surged to over 112914million. They were coming from more than 160 different2915countries as migrants were released into our country by the2916millions. That is what the Biden administration, in concert2917with Secretary Alejandro Mayorkas, did to America. They sold2918America out.2919    The consequences of their failures were predictable. When2920the United States failed to enforce its border, the winners are2921not legal immigrants or American communities. It is the2922cartels, drug smugglers, human traffickers, and violent2923criminals. We didn't need new laws to stop this crisis. We2924needed a President willing to enforce the laws already on the2925books. President Trump did exactly that. Another promise made,2926another promise kept. Today, the number of illegal aliens being2927released into our country is zero. Zero. That is what it took,2928a President to make the hard decisions. America is better2929because of it.2930    So my question is straightforward, Commissioner Scott. Was2931Secretary Mayorkas telling the truth when he testified before2932this committee that the border was secure?2933    Commissioner Scott. Consistent with my prior testimony, no,2934he was not.2935    Mr. Strong. As you stated earlier, the underlying2936immigration laws haven't fundamentally changed in decades. What2937has changed is how different administrations choose to enforce2938these laws, particularly during the previous administration. It2939was 100 percent orchestrated to allow illegal aliens to invade2940our country under the Biden administration.2941    From an operational standpoint, how important is2942consistency and enforcement for deterrence and border control?2943    Commissioner Scott. It's extremely important. We keep2944talking about immigration, but let me remind people, border2945security really is national security. The cartels use illegal2946immigration to literally overwhelm law enforcement at the2947border and bring in all kinds of other threats. It's the second2948wave that always is the most critical.2949    The interior enforcement sent a message around the world2950that we're not going to just let you go. It took away the2951marketing ability of the cartels to get people to come to the2952border and overwhelm law enforcement. This all works together.2953It's critically important because it is national security.2954    Mr. Strong. Thank you, Commissioner. The men and women of2955DHS deserve our respect and the ability to do their job2956effectively without mixed signals from Washington.2957    I also want to be clear, I support the men and women who2958work every day to secure our borders and enforce Federal2959immigration laws. But lately we have seen growing strain on2960political rhetoric that goes beyond policy disagreement and2961targets the legitimacy of law enforcement itself, rhetoric that2962puts a target on the backs of agents doing their jobs.2963    Acting Director Lyons, we keep hearing calls from left-wing2964politicians to abolish ICE. Some, including many who should2965know better, have denounced Federal law enforcement as secret2966police. How would you respond to these reckless attacks?2967    Mr. Lyons. Sir, I can speak from personal experience,2968having served multiple administrations, that the men and women2969of ICE are out there every day doing the law as it's written.2970    Mr. Strong. What are the consequences of not enforcing2971Federal immigration laws?2972    Mr. Lyons. Sir, if you look at what ICE has done, if you2973look at the amount of, as I said earlier, the amount of known2974and suspected terrorists that we removed from the country, we2975arrested 1,477 this year and removed 1,480. Just that impact2976alone, along with the 7,800 gang members, makes a significant2977impact on public safety and national security.2978    Mr. Strong. Thank you. Turning to you, Director Edlow, the2979U.S. Citizenship and Immigration Service plays a role in2980administering legal immigration and protecting the integrity of2981the system. When immigration enforcement is undermined or2982treated as illegitimate, how does that affect USCIS's ability2983to manage lawful pathways, prevent fraud, and maintain public2984confidence in the legal immigration process?2985    Mr. Edlow. It makes it absolutely impossible, Congressman.2986That's why we've done everything we can to administer that2987system now and to not cut corners that were previously cut2988during the last administration.2989    Mr. Strong. Thank you, Mr. Chairman. I yield back.2990    Chairman Garbarino. The gentleman yields back.2991    I now recognize a gentleman from New York, Mr. Goldman, 52992minutes of questions.2993    Mr. Goldman. Thank you, Mr. Chairman.2994    Mr. Lyons, what guidance have you given to your agents2995about asking people walking on the streets of America to show2996proof of citizenship?2997    Mr. Lyons. Sir, as I stated earlier, the men and women of2998ICE Deportation Office, special agents, we conduct targeted,2999intelligence-driven operation. We don't walk around on the3000streets asking people about their American citizenship.3001    Mr. Goldman. Really? So all of those individual American3002citizens who have been randomly asked are lying? Is that what3003you are saying?3004    Mr. Lyons. Sir, if the men and women of ICE are conducting3005an investigation, whether it be for Title 8 immigration3006enforcement or Title 18 criminal enforcement, they'll ask3007someone their nationality.3008    Mr. Goldman. Right, but that is not targeted because they3009are asking all sorts of American citizens, including off-duty3010law enforcement. Now, have you directed at any point your3011agents, under the Supreme Court's racial profiling ruling, to3012only stop nonwhite people and those who look like immigrants to3013ask for their citizenship papers?3014    Mr. Lyons. No, sir, I haven't.3015    Mr. Goldman. Now, you are aware, of course, and there is3016well-documented--numerous well-documented instances of people,3017American citizens being asked to show and prove their3018citizenship. Do you know what other regimes in the 20th Century3019required similar proof of citizenship?3020    Mr. Lyons. Yes, sir.3021    Mr. Goldman. What?3022    Mr. Lyons. Sir, there's very--various nefarious regimes3023that did that.3024    Mr. Goldman. Is Nazi Germany one?3025    Mr. Lyons. Yes, but I----3026    Mr. Goldman. Is the Soviet Union one?3027    Mr. Lyons. I honestly----3028    Mr. Goldman. Sir, I am asking the questions. Is the Soviet3029Union one?3030    Mr. Lyons. Yes, sir, but I totally--this is the wrong type3031of question you can ask me.3032    Mr. Goldman. No, I will tell you what the wrong type of3033thing occurs.3034    Mr. Lyons. But actually, sir, it's the Holocaust Museum has3035got----3036    Mr. Goldman. Reclaiming my time, sir. Reclaiming my time,3037Mr. Chairman.3038    Mr. Lyons [continuing]. Not the men and women of ICE that3039are out there doing it every day. So to say it to men and women3040of ICE they're Gestapo----3041    Mr. Goldman. Mr. Chairman, I am reclaiming my time. I would3042like my time back, please.3043    Mr. Lyons [continuing]. It's wrong.3044    Mr. Goldman. Please give me another 15 seconds because he3045was unnecessarily speaking. You said in your opening statement3046that references to ICE as the Gestapo or the secret police3047encourages threats against ICE agents.3048    Mr. Lyons. One hundred percent.3049    Mr. Goldman. The problem is you have it backward, sir.3050People are simply making valid observations about your tactics,3051which are un-American and outright fascist. So I have a simple3052suggestion. If you don't want to be called a fascist regime or3053secret police, then stop acting like one. But people are simply3054just observing what they are seeing. That is why people are3055making those comments.3056    Now, I was a prosecutor for 10 years. Prosecuted mob3057bosses, organized crime, violent criminals, the actual worst of3058the worst. Not a single criminal law enforcement agent that I3059worked with wore a mask to conceal their identity. But your3060Department, which is a civil law enforcement agency, is3061defending the use of masks by your agents because of a so-3062called rise in threats and assaults against your officer.3063    Now, you said in your opening testimony that assaults3064against ICE officers are up by more than 1,400 percent, which3065is now even more than the 1,300 percent that your gaslighting3066spokesperson Tricia from Ohio has recently been citing. But3067here is the problem. There are 2 separate, very detailed, very3068thorough investigative reports based on your own data that both3069conclude that assaults against ICE officers are up about 253070percent, which is far less, of course, than you assert and far3071less than you would expect from an agency that has more than3072doubled its hiring and has an even greater increase in arrests.3073    Now, why is that a problem, Mr. Lyons? It is a problem3074because the explanation that your agents are wearing masks3075because of fear of assaults or doxing is outright bogus. You3076and your untrained, unqualified, unvetted, unidentified agents3077are intentionally terrorizing our cities and communities all3078over this country to avoid accountability for their excessive3079force and their lawless actions. That is why you are wearing3080masks, so no one can hold you accountable. You know that the3081FBI is not going to because notwithstanding all of the3082investigations all of you say are going on, the Department of3083Justice and the FBI has stated they are not investigating those30842 murders.3085    This is not the America that I know and love. This is not3086the America my immigrants came to. It is long past time that3087you rein in your out-of-control agency and start following the3088law and the Constitution.3089    I yield back.3090    Chairman Garbarino. The gentleman's time has expired.3091    I now recognize the gentleman from Arizona, Mr. Crane, for30925 minutes of questions.3093    Mr. Crane. Thank you, Mr. Chairman.3094    It is interesting being in this hearing today, you know,3095where my Democrat colleagues continue to demonize ICE and3096Homeland Security. I think history and context are very3097important here. It is not lost on most of the American public3098that my Democrat colleagues actually caused this entire crisis3099with their open-border policies that they all voted for,3100letting in close to 15 million illegal aliens.3101    I also want to go through real quick some numbers of ICE3102deportations with other Presidents who I believe both you, Mr.3103Scott, and you, Mr. Lyons, have worked for. Under President3104Clinton, 12 million illegal aliens were deported and removed3105from this country, some voluntary, some departures; key, no3106riots. Under President Bush, 2 million, no riots. Obama, who3107was often referred to as the Deporter-in-Chief, 5 million,3108including returns, no riots. President Trump in his first term,31092 million deported, no riots. President Biden, 4 million,3110including expulsions varying by estimates, no riots. President3111Trump again this year, 625,000 with 2 million voluntary leaving3112through CBP Home app.3113    Mr. Scott, can you explain why these other Presidents that3114you work for, both Democrat and Republican, have deported far3115more people than this President and we have seen no riots?3116    Commissioner Scott. I would say it has a lot to do about3117rhetoric and misleading the American public about what's really3118going on and how important border security really is to this3119Nation.3120    Mr. Crane. Let's talk also about my Democrat colleagues and3121something they also supported, and that is these sanctuary3122cities. I think that is very important. I don't think a lot of3123Americans really understand these sanctuary cities.3124    Mr. Scott, Mr. Lyons, is it true that you would rather send3125your officers into a jail to get some of these illegal alien3126criminals? Is it safer for your agents and also the illegal3127alien criminal if your officers are able to go into a jail3128instead of having to go out and find them on the street?3129    Mr. Lyons, I will start with you.3130    Mr. Lyons. Yes, sir. It would be. You wouldn't see the3131amount of law enforcement officers involved in immigration3132operations.3133    Mr. Crane. Right. How about you, Mr. Scott?3134    Commissioner Scott. I 100 percent agree with the director.3135More--just as importantly, it would allow me to put more agents3136back on the border to prevent people from getting in here in3137the first place.3138    Mr. Crane. Let's also talk about these riots. Mr. Scott,3139Mr. Lyons, do you guys remember any riots, you know, when--for3140some of these victims that were assaulted and victimized by3141illegal alien criminals, like Nate Baker, Laken Riley, Fletcher3142Harris, Skyler Provenza, Ivory Smith? I have got a whole list3143of them. Do you remember any riots from our Democrats or their3144constituents when any of these American citizens were3145victimized by illegal alien criminals?3146    Commissioner Scott. No, sir.3147    Mr. Lyons. No, sir.3148    Mr. Crane. Why do you think that is? Because that is the3149question that I get asked all the time. Congressman, why do the3150Democrats care more about illegal alien criminals than they3151care about these American citizens? Many of them who are young,3152have their entire lives ahead of them, didn't show up to a3153protest, right, to obstruct Federal law enforcement. They are3154just going about their daily lives and they get victimized by3155people who aren't supposed to be here. Why do you think they3156don't care about American citizens?3157    Commissioner Scott. I cannot speculate, but when I look at3158the chaos that it creates and the corrosive nature that it3159creates, I go beyond the politics of the United States and I3160look at our nation-state adversaries like Iran, Russia, and3161China, and their influence on social media to keep this3162negative discourse going. I think this is a much bigger issue3163than we're actually admitting that it is in here.3164    Mr. Crane. I want to tie this together to something that is3165very pertinent that is going to happen this week here in3166Congress where the American people are going to see the bookend3167of what is going on. We are going to attempt to pass the Save3168America Act, OK, which requires documentary proof of U.S.3169citizenship to register to vote. It imposes photo ID3170requirements to vote and it penalizes officials who do not3171enforce these requirements. You won't see most of these folks3172over here on the other side that are demonizing you guys right3173now, you will not see them support it.3174    So they let millions and millions of illegal aliens into3175the country. They set up these sanctuary cities so you can't go3176enforce these Federal laws that are on the books that Congress3177has passed. Now they won't vote to stop these illegals from3178voting in our elections. If the American people don't3179understand what this whole thing is about, it is about one3180word, and it always has been, and that is power. They want3181power. They need these illegals to vote in our elections. That3182is why they don't care about the fraud either because they need3183those votes as well.3184    Thank you. I yield back.3185    Chairman Garbarino. The gentleman yields back.3186    I now recognize the gentlelady from Illinois, Mrs. Ramirez,3187for 5 minutes of questions.3188    Mrs. Ramirez. Thank you, Chairman.3189    My mother, a Guatemalan immigrant and an American, taught3190me that I have the responsibility to look evil in the eye and3191to fight it back. Mr. Lyons, Mr. Scott, Mr. Edlow, you have3192used your power to perpetrate great evil. It is about time you3193answer this committee for the lawlessness that you have3194empowered and defended in your testimony.3195    Mr. Lyons, I want to start with you and I want to talk3196about ICE. Because under your leadership, ICE has shot and3197killed Silverio Villegas Gonzalez and Renee Good, violated3198nearly 100 court orders in January alone. You have used banned3199choke holds in more than 40 cases, engaged in warrantless3200arrests despite of a consent decree, and you used children as3201bait to put 3,800 children in detention. You created traps for3202people at immigration court who are following the law and doing3203it the legal way. You broke the law by entering to people's3204homes without a judicial warrant in violation of the Fourth3205Amendment.3206    Now, let's talk about you, Mr. Scott, and CBP next. Under3207your leadership, CBP has attempted to execute Marimar Martinez,3208shooting her 5 times and not releasing the footage that you3209should release so that we can see the evidence; murdered Alex3210Pretti; used chemical agents dozens of times in Chicago after a3211judge ordered you to stop; conducted warrantless surveillance3212and racial profiling; and acted with total disrespect and3213disregard for the law while engaging in roving patrols, plate3214switching, dangerous traffic maneuvers, and observer3215intimidation. Again, criminals act with that total disregard3216for the law and we continue to see it.3217    You would both have us talk about respect for your mission3218and your agents, but your agencies are unaccountable3219paramilitary forces. I have just as much respect for you as I3220do for the last white man who put on masks to terrorize3221communities of color. I have no respect for the inheritors of3222the Klan hood and the slave patrol. Those activities were3223immoral then and criminal, and so are yours.3224    That brings me to you, Mr. Edlow, and USCIS. Truly, USCIS3225is the most disappointing part of this whole panel for me. Mr.3226Edlow, let me ask you a question. Is USCIS's mission to uphold3227America's promise as a nation of welcome and possibility with3228fairness, integrity, and respect for all we serve? Yes or no.3229Is that the mission?3230    Mr. Edlow. Congresswoman, the mission is to administer the3231lawful immigration----3232    Mrs. Ramirez. So let me move on. So it is not for the3233possibility of fairness, integrity, and respect. I get that.3234    I want to tell you about Mr.--about Steven, my constituent,3235Mr. Edlow. Steven is a 14-year-old with autism who is seeking3236asylum. This child has spent 60 days in detention center after3237he was detained with his dad and at a check-in. Let me ask you3238this. What kind of agency would strip asylum protections from3239children, even those with pending asylum claims, and deport3240minors without due process? You don't have to answer that. It3241is your agency, Mr. Edlow. You are doing that to Steven, my3242constituent, an eighth grader.3243    You have abandoned the mission and allowed USCIS to become3244a tool in DHS's abusive enforcement apparatus, Mr. Edlow. It is3245shameful to see what USCIS has become.3246    As I have said before, DHS, ICE, and CBP, they are not3247really rogue. Congress designed DHS to violate our rights under3248the pretense of securing our safety. I am going to say it loud3249and clear, and I am proud to stand by what I say. DHS cannot be3250reformed. It must be dismantled and something new must take its3251place. Because if we let DHS persist, it will continue to be a3252weapon that can be pointed at anyone the Government considers3253the public enemy. Let me tell you, fascism always requires a3254public enemy. But the power of the people is stronger than the3255weapons they would wield against us.3256    So, Mr. Lyons, Mr. Scott, Mr. Edlow, you have weaponized3257the Government. You have supported a fascist enterprise at the3258expense of our Constitutional rights. You have violated the3259law. But let me remind you, you will not always be in power.3260One day you will be held accountable for your role in this dark3261moment in America, in our Nation's history. I guarantee it.3262    With that, Mr. Chairman, I yield back.3263    Chairman Garbarino. The gentlelady yields back.3264    As I said, the issues we are debating here are important3265ones that Members feel deeply about. While vigorous3266disagreement is part of the legislative process, Members are3267reminded that we must adhere to established standards of3268decorum and debate. Witnesses are here today voluntarily. I3269will continue to remind Members that while oversight is3270important, aggressively attacking witnesses personally is3271inappropriate and not in keeping with the best traditions of3272our committee.3273    I now recognize the gentleman from Oklahoma, Mr. Brecheen,3274for 5 minutes of questions.3275    Mr. Brecheen. Thank you, Mr. Chairman. Thank you to the3276witnesses.3277    I want to start with a display over my shoulders. This is3278something that is not specific only to Oklahoma. This is3279something that every Member of this committee, if you will go3280to the DHS website, every constituent of every Member of3281Congress, if you're curious of really the dark days, I want you3282to go to the DHS website and I want you to look at those not3283far from where you live, Moms and Dads. The arrest of illegal3284aliens who are preying on minors.3285    Just because of a really intentional act by Kate Bryan on3286my staff to go a couple of weeks ago and look just in eastern3287Oklahoma, on the right side of me here, just in eastern3288Oklahoma. I represent almost all the entirety of eastern3289Oklahoma. These are just the individuals, heinous acts to3290include those with children. Yet I am going to read you in the3291wider to my left over here, what is happening in the State of3292Oklahoma. This person was picked up. Angel Nick, sexual3293exploitation of a minor. Renton Andrew, molestation of a minor.3294Chan Truding, child fondling. Feliciano Garcia, enticement of a3295minor. Cayetano Lopez, statutory rape. Erasmo Avila, rape and3296lewd acts with a minor.3297    So for everyone who is in short-term memory as the way3298things operate in the court of public opinion, everyone is3299looking and you are forgetting the conversations you were3300having 2 and 3 years ago. If you had teenage kiddos wanting to3301go outside of your home and you knew that they were going to go3302to Dallas, Texas, or some city and you knew that you had to3303have a conversation with them with what was happening, the 153304million you knew were in the country illegally, that you had no3305idea what they would be doing, who would they be preying upon.3306Moms and Dads, don't you feel just a little bit safer if we are3307going to be gut-level honest?3308    That is the realization of what the generational3309opportunity this administration has afforded this country. It3310is the ability to feel safe over the madness of opening the3311border for that 4-year period that allowed 15 million people3312you don't know where they came from, you don't know their3313background, you don't know their history. This that is3314occurring right now is designed to make sure we have law and3315order in this country. If you do not have law and order, you3316don't have prosperity.3317    So to all those who are second-guessing the reactionary3318moments, to the law enforcement who have to respond in real3319time, the quarterback whose questions Monday--is questioned3320Monday morning because he is facing the 300-pound defensive3321lineman, it is easy to do that. But law enforcement walks out3322of their home every day and is faced with life-or-death3323questions. We have to understand they are the ones who are3324affording us the opportunity for our children to feel safe3325against these that are in your back yard. It is not just in the3326north, it is not just in Minneapolis, it is not just in3327Minnesota. They are in every State in the country. Go to the3328Department of Homeland Security website and Google your area3329and look at who is being picked up in your backyard. That is3330how we recenter this conversation to truth.3331    I want your children protected. I am grateful for this3332President who wants your children protected, and an3333administration.3334    The same playbook is happening now to create chaos and take3335your eye off the real goal, which is to secure our communities3336to get back to a place of safety.3337    Mr. Lyons, can you describe because of not allowing these3338people to stay in jails, these sanctuary cities are letting3339them go, thousands released from jail because they will not3340cooperate with ICE, and when ICE tries to execute a detainer,3341ask him to hold a criminal illegal alien for potential3342deportation, how is this compared with other nonsanctuary city3343regions in the country?3344    Mr. Lyons. Sir, it's night and day. With the jurisdictions3345that we do have cooperation, we're able to take that individual3346in a safe, secure environment. Not only is it a safe, secure3347environment for the officers and agents, but it's also for the3348individual and the community because we only need 1 to 23349officers to make that arrest. Where now we're historically 5 or33506, we need up to 15.3351    Mr. Brecheen. From what you have seen in terms of protests3352in Minnesota and elsewhere, do you get the sense these3353agitators are trying to provoke your agents into reactions?3354    Mr. Lyons. Yes, sir.3355    Mr. Brecheen. Can you expound upon that?3356    Mr. Lyons. We've seen multiple times and, unfortunately, we3357saw, like the shooting in Dallas, where agitated groups use3358apps to identify the location of ICE officers, sometimes prior3359to even the law enforcement action begins, and sometimes using3360those apps put the officers and as well as other Federal3361agencies and local agencies with them in danger because it3362exposes the fact of our law enforcement operation is happening.3363    Mr. Brecheen. Mr. Scott, can you describe how the 300,0003364children, the UACs, unaccompanied minors, that we are trying to3365find them, how these protests are stopping us from being able3366to recover those?3367    Chairman Garbarino. The gentleman will respond in writing3368to that question.3369    I now recognize the gentleman from New York, Mr. Kennedy,3370for 5 minutes.3371    Mr. Kennedy. Thank you.3372    Mr. Lyons, your written testimony today does not make one3373single mention of Renee Nicole Good or Alex Pretti. Not one.3374Two American citizens have been murdered at the hands of your3375agency, and you have deliberately chosen under oath before3376Congress to ignore these tragedies. So today, in my 5 minutes,3377I look forward to getting the American people some answers and3378some accountability that I believe they deserve.3379    Mr. Lyons, I have some simple yes-or-no questions. Do you3380believe the U.S. Constitution provides due process for everyone3381in this country?3382    Mr. Lyons. Yes.3383    Mr. Kennedy. Do you believe American citizens have the3384right to protest freely without being assaulted or killed by3385our Government?3386    Mr. Lyons. Yes.3387    Mr. Kennedy. Do you believe there should be an independent3388investigation when an innocent person is killed by a law3389enforcement agency in this country?3390    Mr. Lyons. Yes.3391    Mr. Kennedy. Do you believe your agency has a legal3392obligation to follow court orders?3393    Mr. Lyons. Yes.3394    Mr. Kennedy. Well, Mr. Lyons, you have a very strange way3395of showing it with a Federal judge finding that your agency is3396in violation of 96 orders in 1 month alone, and that is just3397Minneapolis, Minnesota.3398    This administration and the agencies represented before us3399have shown a complete and utter disregard for the law and the3400Constitution. Renee Nicole Good and Alex Pretti, both American3401citizens, both dead at the hands of Federal agents. Alex Pretti3402was a VA ICU nurse who dedicated his life to healing people,3403healing veterans. I worked as an occupational therapist for3404over a decade. In that video that we have all seen, it was Alex3405Pretti who was doing what health care workers do, what nurses3406do. They help people, help people who are hurting, help people3407who are in trouble, in this case helping a fellow peaceful3408protester who was shoved to the ground right before your agents3409shot him 10 times.3410    We are now learning that FBI Director Kash Patel stopped3411the U.S. Attorney's Office in Minnesota from investigating the3412death of Ms. Good because of fear that an investigation would3413contradict President Trump's falsehoods, that she violently,3414willfully, and viciously ran down an agent. Six Federal3415prosecutors resigned rather than participate in a cover-up.3416Kristi Noem, Stephen Miller, and you, Mr. Lyons, have appointed3417yourselves judge, jury, and executioner, allowing American3418citizens to be gunned down in our streets with impunity.3419    We all know the President is a liar. He sold snake oil his3420entire life. But he can't tell us and the American people that3421we did not see with our own eyes what we saw in that video: two3422Americans shot dead in cold blood. The American people aren't3423stupid like he thinks we are. The fact that our Government3424murders American citizens, lies about it, and then refuses to3425investigate or seek justice is beyond abhorrent. It is un-3426American.3427    Mr. Lyons, in America, we shouldn't have secret police. We3428shouldn't have masked Government agents executing citizens in3429the streets. The Constitution does not give your agency the3430right to hide their faces while they kill Americans. Will you3431commit, yes or no, to immediately unmasking every agent3432conducting immigration enforcement and requiring them to wear3433standard uniforms with identifiable badges?3434    Mr. Lyons. No.3435    Mr. Kennedy. Well, that is a sad response. Your answer is3436completely unacceptable.3437    People who are proud of what they do aren't hiding their3438identity. We are a Nation of laws. You, your boss, Secretary3439Noem, and Donald Trump are not above the law. The American3440people are angry, and they are demanding accountability and3441justice from those giving the orders.3442    Mr. Lyons, yes or no, do you believe that Secretary Noem3443should resign?3444    Mr. Lyons. I'm not going to comment on that, sir.3445    Mr. Kennedy. So you are going to look the families of Renee3446Nicole Good and Alex Pretti in the eye and tell them Secretary3447Noem should keep her job after their loved ones were killed?3448    Mr. Lyons. Sir, the loss of any life is unacceptable. The3449heart--my heart, prayers, and thoughts go out to anyone who--3450tragically losing his life, especially a child, since I've3451suffered personal loss in my life, but I'm not going to comment3452on on-going investigation.3453    Mr. Kennedy. Well, Mr. Lyons, the American people are3454watching. Your unwillingness to demand accountability from your3455own leadership speaks volumes. Two American citizens are dead.3456    Chairman Garbarino. The gentleman's time is expired.3457    Mr. Kennedy. The American people deserve accountability.3458    Chairman Garbarino. The gentleman's time is expired. It is3459a--Members are reminded that we must adhere to established3460standards of decorum and debate. It is a clear violation of the3461rules of the House to make statements that might be personally3462offensive to the President or the Vice President of the United3463States.3464    I now recognize the gentlelady from South Carolina, Mrs.3465Biggs, for 5 minutes of questions.3466    Mrs. Biggs. Thank you, Chairman Garbarino, and thank you to3467our witnesses. A big thank you for what you do each and every3468day to secure our border and to carry out the will of the3469American people.3470    You know, this Trump administration and the CBP and ICE,3471they have done a stellar job of securing our border. We can3472just look at the numbers. They tell the facts. Crossings are3473down from a high of over 300,000 a month under President Biden3474to around 10,000 a month under President Trump.3475    However, the lax border policies of the Democrats have3476flooded our country with tens of millions of illegal3477immigrants. This invasion was facilitated by sanctuary cities.3478Most cities will hand over criminal aliens with a deportation3479order to ICE. But sanctuary cities refuse to do so, often3480releasing them back into the public around our communities, our3481children, and making it unsafe. Cities like Minneapolis pick3482and choose which laws they want to enforce. By doing that, they3483place our Federal law enforcement in danger, forcing ICE agents3484to make arrests out in public, something that could be avoided3485if sanctuary cities simply cooperated with the Federal law. At3486the same time, radical leftists have stirred hysteria over3487routine immigration enforcement, calling immigration officers3488the secret police and even the Gestapo.3489    Let me be very clear. This rhetoric has consequences.3490Between 2024 and 2025, we saw a more than 16,000 percent3491increase in threats of assault against immigration officers and3492over 8,000 percent spike in death threats targeting those who3493enforce our laws. In Minnesota alone, there have been over 603494threats and 20 assaults to ICE officers. Just think about that,3495if you were going to work every day and had to deal with that.3496    Sanctuary cities, they choose criminals over citizens. My3497bill, the Mobilizing Against Sanctuary Cities Act, would cut3498off every single Federal dollar to any city that helps illegals3499instead of law enforcement.3500    Mr. Lyons, my question is to you. Why should taxpayers fund3501far-left politicians who put your agents at risk?3502    Mr. Lyons. Ma'am, unfortunately, what we've seen over and3503over is just the fact that there's so much rhetoric out there3504against the work the men and women of ICE have done. Again,3505going back on my career, this is my second decade, multiple3506administrations, and it's never been like this. The actual3507public safety impact that the men and women of ICE do every day3508is significant, and it should still be true for all 50 States.3509    Mrs. Biggs. Thank you. So I want to take it a little closer3510to home. What is happening in my district, the Third District3511of South Carolina, it should alarm every single individual.3512These are real crimes committed by individuals illegally in our3513country, right here in our communities, confirmed by the3514Department of Homeland Security. We heard a little bit from my3515colleagues earlier.3516    So let me just give you a few of the worst. Vehicular3517homicide, child cruelty and indecent exposure, armed robbery,3518assaulting a police officer with a weapon, and making terrorist3519threats, and I could go on and on. We are also seeing3520convictions for drug trafficking, burglary, forgery, repeated3521illegal reentry, and more and more. This is what I consider3522chaos. It is the direct result of open-border policies that put3523American lives at risk.3524    But amid all of this, we are seeing true heroes step up.3525Our Federal immigration officers are on the front lines of3526securing safety and prosperity for us and for our children.3527They have been given a difficult task, but they are up to the3528job and certainly meeting the demands. We stand behind our3529immigration officers and their historic mission to restore the3530rule of law and to the United States. Right here at home, our3531local law enforcement is rising to meet the challenge, and I am3532very grateful to them.3533    So just look at Anderson County Sheriff's Department, which3534you will see in the photo behind me, which recently seized 1803535pounds of cocaine. That is 180 pounds of deadly drugs that will3536never reach our streets, thanks to the courage and commitment.3537So I just want to say thank you, and I am grateful for the job3538that you do.3539    Chairman Garbarino. The gentlelady yields back.3540    I now recognize the gentlelady from New Jersey, Mrs.3541McIver, for 5 minutes of questions.3542    Mrs. McIver. Thank you, Mr. Chairman and Ranking Member.3543    Mr. Lyons, as the senior official lead in ICE enforcement,3544much of today's scrutiny falls on you, and it should. You have3545seen repeatedly--we have seen repeatedly that Republicans,3546Trump administration, its DHS, and your agency will do3547absolutely anything to avoid answering for your actions.3548    When I showed up to inspect Delaney Hall, a private prison3549that you contract with, ICE tried not to give us an oversight3550tour. Then instead of taking accountability for ICE's attempts3551to keep us from seeing this facility's conditions, to know if3552people's basic rights were being upheld, this administration is3553doing all they can to try to put me in prison for 17 years.3554When ICE shot and killed Renee Good, Kristi Noem called her a3555domestic terrorist. When Alex Pretti, you all tried to tell us3556he was threatening officers with a gun, but all we saw was a3557phone. This administration's clear lies fell apart not because3558someone had a come-to-Jesus moment, but because we saw these3559murders from every angle. You are only here because public3560outrage has become so unavoidable.3561    You are here, Mr. Lyons, because white people are getting3562shot in the face and chest when the cameras are rolling.3563Because now my Republican colleagues care about optics. But3564when Keith Porter, Jr., a Black American citizen, a son, a3565father, and a man loved by many, was killed by an off-duty ICE3566agent on New Year's Eve, there were no hearings. So this is for3567him today.3568    In my district, Jean Wilson Brutus, a Haitian immigrant, a3569beloved family man, died within 24 hours of being in ICE3570custody. He is just one of more than 30 people who have died in3571ICE custody last year. This is for all of them, every human3572being your rogue, out-of-control agency has hurt, hunted down,3573imprisoned, killed, and continue to hold hostage even after3574they have agreed to be deported.3575    We know this administration doesn't care about protecting3576people or sparing lives. We all see so plainly what you are3577doing, what you have been doing to Black and Brown folks,3578immigrants, people silenced in the shadows, now in broad3579daylight to people peacefully rejecting your cruel agenda in3580the streets, which is their right to do. This is the despicable3581but predictable result of an agency that laughs at oversight,3582receives billions to deploy lethal force on our neighborhoods,3583and seems to believe that they are above the law and should be3584without accountability.3585    This administration believes it can act first, explain3586later, or hell, never, never explained at all, as we see here3587today. You all seem to think you are the highest power who3588decides which people deserve dignity, protection, and due3589process. But you are wrong. We are here for answers. We are3590here for accountability. We are here because people are dying.3591Let me repeat that. People are dying. You don't seem to care.3592    So, Mr. Lyons, I have heard my colleagues ask many3593questions over and over again, and you cannot answer them. So3594let me ask you some questions that you may be able to answer.3595Mr. Lyons, do you consider yourself a religious man?3596    Mr. Lyons. Yes, ma'am.3597    Mrs. McIver. Oh, yes. OK. Well, how do you think Judgment3598Day will work for you with so much blood on your hands?3599    Mr. Lyons. I'm not going to entertain that question.3600    Mrs. McIver. Oh, OK. Of course not. Do you think you're3601going to hell, Mr. Lyons?3602    Mr. Lyons. I'm not going to entertain----3603    Chairman Garbarino. The gentlelady----3604    Mrs. McIver. Of course not.3605    Chairman Garbarino. The gentlelady----3606    Mrs. McIver. How many Government----3607    Chairman Garbarino. The gentlelady will suspend. The3608gentlelady will suspend.3609    Mrs. McIver. Chairman----3610    Chairman Garbarino. As I--the gentlelady will suspend. As I3611said, the issues we are debating here are important to ones3612that Members feel deeply about.3613    Mrs. McIver. Thank you, Chairman.3614    Chairman Garbarino. While vigorous disagreement is part of3615the legislative process, Members are reminded that we must3616adhere to established standards of decorum and debate. The3617witnesses are here voluntarily. I will continue to remind3618Members that while oversight is important, aggressively3619attacking those witnesses personally is inappropriate and not3620in keeping with the traditions of our committee.3621    Mrs. McIver. Mr. Chairman, I am just asking a question. You3622guys are always talking about religion here and the Bible. I3623mean, it is OK for me to ask a question, right? But let me3624continue on. I got your note.3625    Chairman Garbarino. All right. The gentlelady may resume.3626    Mrs. McIver. Thank you so much. Let me get back to my3627questioning, Mr. Chairman. Thank you, I appreciate you.3628    How many Government agencies, Mr. Lyons, are you aware of3629that routinely kill American citizens and still get funding?3630    Mr. Lyons. Ma'am, I'm not going to entertain that.3631    Mrs. McIver. Of course you're not.3632    Mr. Lyons. I much rather talk about the criminal----3633    Mrs. McIver. Exactly. Exactly.3634    Mr. Lyons [continuing]. Aliens in your district than talk3635about that.3636    Mrs. McIver. Once again, questions that you cannot answer.3637That is exactly why, Mr. Chairman, and to this committee, to my3638colleagues and to my colleagues across the aisle, this is3639exactly why we should not be funding this agency. The people3640are watching you. They are watching you. This is why we need to3641abolish ICE.3642    With that, I yield back. Thank you kindly.3643    Chairman Garbarino. The gentlelady yields back.3644    I now recognize the gentleman from Colorado, Mr. Evans, for36455 minutes of questions.3646    Mr. Evans. Thank you, Mr. Chairman, Ranking Member, for3647this important hearing.3648    This past year has been historic for national security,3649thanks to the joint work between the agencies present today and3650our Republican colleagues. The Big Beautiful Bill unlocked3651billions of dollars to finally secure the border and deliver3652much-needed support for law enforcement officials who keep us3653safe every day, slashing things like the scourge of overdose3654deaths that claimed approximately 400,000 lives under the3655previous administration. This is despite increasing violence3656against Federal officers, which has been inspired by fear-3657mongering from the Democrats.3658    As a soldier for 12 years, as a cop for 10 years, and as3659the only Latino in Colorado's delegation, it has been my long-3660standing position that with a secure border, we must use all3661available resources to target the worst of the worst, violent3662offenders like murderers and rapists, and so-called nonviolent,3663like drug dealers and thieves and child porn producers. Get the3664gangsters, not the grandmas.3665    Director Lyons, is ICE's priority the apprehension and3666removal of criminal noncitizens rather than the broader3667population of illegally present individuals?3668    Mr. Lyons. Yes, sir. ICE has continued focus is on the3669criminal aliens that are in our neighborhoods.3670    Mr. Evans. Thank you. Unfortunately, Democrats in my State3671in Colorado champion soft-on-crime sanctuary policies at the3672State level and in cities like Denver, which borders my3673district. These policies not only impede Federal investigations3674that target cartels, gangbangers, entities like Tren de Aragua,3675MS-13, the Sinaloa Cartel, but they also endanger our3676communities by releasing dangerous criminals back into the3677streets who continue to traffic drugs, steal cars, intimidate3678families, and recruit children. In fact, fentanyl overdose3679rates in Denver are going up in 2025.3680    It is common sense that when local or State police arrest3681an individual for a crime, those officers should be able to3682obtain basic information about the arrestee. Those State and3683local officers should then be allowed to share information with3684Federal law enforcement to communicate threats, honor detainer3685requests, and work together to ensure national security and3686public safety.3687    So, Director Lyons, can you please explain how ICE works3688around sanctuary policies to go after the worst of the worst?3689Do these sanctuary policies that release criminals back into3690the community increase or decrease ICE's presence in the3691community and the temperature of the interactions that ICE has3692with the community?3693    Mr. Lyons. Sir, when we deal with sanctuary jurisdictions,3694we do have to have more law enforcement officers on the street.3695Like I said earlier in my testimony, we'd much rather have the3696chance to take a aggravated felon, repeat DUI offender into3697custody at a prison, local jail, or some type of lock-up3698environment where it's safer for my officers and for not only3699the individual, but that community as well. Then given the3700opportunity to take that person into custody before that person3701can reoffend.3702    Unfortunately, as a field office director, when I ran the3703Boston field office, we saw too many times that we placed a3704detainer on a sexual assault individual, who just went out3705later, after the detainer was dropped, to rape again. That is3706why we need cooperation at all levels, especially local and3707State.3708    Mr. Evans. Thank you. Director Lyons, my district, 403709percent Hispanic. It is full of successful business owners and3710strong immigrant families. Unfortunately, my colleagues across3711the aisle are fanning the flames of fear for their own3712political gain in my Hispanic communities, scaring people over3713events that haven't happened in my district. So I would like3714for you, for just a brief moment, to speak directly to my3715constituents who are legally present in the United States, not3716criminals, but who are fearful of being searched or detained3717via immigration efforts. Should they fear ICE? What policies3718does ICE have to prevent the seizure of people with legal3719status?3720    Mr. Lyons. Sir, ICE officers and special agents are trained3721in the Immigration Nationality Act. So anyone that is here3722legally or lawfully or a U.S. citizen should not be concerned3723about being deported or detained.3724    Unfortunately, many times there are individuals that are3725with criminal illegal aliens. Sir, as you being a former law3726enforcement officer, you know, you arrive on a scene, you ID3727everyone in that case. If, you know, if we're looking for an3728individual and someone is here present in the country3729illegally, then we're going to take action. We're not going to3730turn a blind eye no more. But someone that's in the country3731lawfully should not feel scared to walk down the street,3732drive----3733    Mr. Evans. Thank you. Sorry, sorry, I got 23 seconds left.3734I have one thing that I want to ask. As a cop, if I had an3735arrest warrant, and there is a difference between arrest3736warrants and search warrants, if I had an arrest warrant for an3737individual and I thought they were in the house, or if I was3738assisting Social Services with a child removal, I still had to3739have an arrest warrant to go in the house. So I have many3740questions about the memo saying that you don't need a warrant3741to go into the house. Will you commit with me at a later date3742to discuss this?3743    Mr. Lyons. One hundred percent, sir. I look forward to3744sitting down and discussing that.3745    Mr. Evans. Yield back.3746    Chairman Garbarino. The gentleman yields back.3747    I now recognize the gentlelady from Texas, Ms. Johnson, for37485 minutes of questions.3749    Ms. Johnson. Thank you, Mr. Chairman.3750    I would like to, Mr. Lyons, I wanted to just follow up on a3751statement that you just made, which is that if you are here3752legally and lawfully, you should not worry. I think the problem3753is there are many, many immigrants that are here legally and3754lawfully that are very worried because they have been snatched3755off the streets, they have had their face beat in by ICE3756agents, they have been yanked out of their car, they have been3757driven around and harassed. So that is, I think at the end of3758the day, you know, the key of the crux here, which is that,3759unfortunately, there is not just this focus on criminals and3760that people who are here in legal status.3761    For example, I have an example of this that I would like to3762highlight for you. Back in October, Maher Tarabishi, a North3763Texas resident, who was allowed to be in this country legally3764and was under a supervision order to check in on an annual3765basis since 2008, and did that because he had an adult disabled3766son. He was here working as an IT consultant and was here in3767the legal process to take care of his adult legal son. He went3768to check into his appointment and it so happened to be at the3769time that the Dallas ICE office was closed due to the shooting3770and so he was not able to check in. When he went back to check3771in, he was immediately snatched up and detained because he3772missed his appointment. That was unavoidable because the office3773was closed.3774    He told everyone he was in legal status. He had been here3775since 2008, and he had an adult disabled son that would likely3776pass away if he was not released. He was not released. His son3777died. Then to complicate it, he was not allowed to go and3778attend the funeral and he is still in detention in the3779Bluebonnet facility in Texas. He is not a criminal. He has no3780criminal history. He was here legally. That is an unacceptable3781outcome.3782    I would like to know if you are willing to review his case3783and help us get his release, because he should not be in the3784Bluebonnet detention facility under these facts.3785    Mr. Lyons. Yes, ma'am. I'm committed to reviewing that case3786for you.3787    Ms. Johnson. I appreciate that. The other issue that I am3788really very concerned about is these warrantless entries into3789people's homes. It is a problem that is of epic proportion.3790There was just recently, yesterday, circulation, a Latino3791family, ICE just broke into their home without a warrant. There3792was an example where they arrested a man in his pajamas, who3793had every right to be here as a U.S. citizen, but wrongfully3794snatched out in the freezing cold without a warrant to do so.3795    The problem that we are having. Nobody wants to see attacks3796on ICE agents, sir. But this is something I have brought up in3797this committee time and time again, which is, unfortunately,3798under your leadership and under Secretary Noem's leadership,3799this rogue brutality that ICE agents are inflicting upon the3800people of this country is not being reined in. It is not3801being--the agents who are abusing their power are not being3802held accountable.3803    I am sure that there are many, many fine agents who are3804doing everything they can to exercise their duty lawfully. But3805the problem is there are agents who are not. The power that3806they have has gone to their head. They use that power3807unconstitutionally, in violation of many people's direct3808Constitutional rights. What you are seeing in this country is3809the fact that your agency--you are not--it is not stopping.3810    Rather than saying, yes, we are going to take steps to keep3811these people who are abusing their power and who are3812terrorizing citizens of this country wrongfully, that we are3813going to hold them account, rather than--that is what we want3814to see. You are doubling down on that we are only going after3815criminals, which is, in your own comments, you said that you3816had 397--I think that is right, 379,000 arrests, but only 8,7003817of them were suspected gang members or known suspected3818terrorists. That is 2 percent. The problem is we can't3819terrorize 98 percent of the people in this country that have3820been wrongfully detained for 2 percent. That is not how the3821system works, and that is not OK. So we have to do a better3822job.3823    So what procedures are you putting in place to hold agents3824accountable who clearly have a hot trigger and who clearly3825abuse their authority because someone has a phone and a3826whistle?3827    Mr. Lyons. Ma'am, ICE does have the Office of Professional3828Responsibility. It's a robust internal investigation agency3829that does investigate allegations of special agent or3830deportation officer misconduct. We do take everyone seriously,3831and we do investigate those.3832    Ms. Johnson. Well, those are not being publicly reported.3833So that is where there is a huge breach of the public trust3834because there does not appear to be any accountability, sir.3835    Thank you. I will yield back.3836    Chairman Garbarino. The gentlelady yields back.3837    I now recognize the gentleman from Pennsylvania, Mr.3838Mackenzie, for 5 minutes of questions.3839    Mr. Mackenzie. Thank you, Mr. Chairman. I appreciate all of3840our testifiers being here today.3841    Before I begin, I would like to thank all of our members of3842law enforcement across the country who work every day to keep3843our communities safe and also to their families that sacrifice.3844We know that it is a challenging job, and the environment is3845made particularly challenging by those who want to oppose our3846law enforcement from carrying out their lawful duties to keep3847everybody in our country and our community safe.3848    As was discussed earlier, there are a couple areas, though,3849where I think it is appropriate to discuss potential reforms3850and the way that we can improve our Government operations. DHS3851guidance indicates that ICE does not arrest or detain U.S.3852citizens. On the other hand, social media is full of reports3853and accusations that this is occurring. As you know, any3854accusation that an American citizen's rights are violated is3855very serious.3856    Can you clarify, Mr. Lyons, whether this is something that3857it occurs, and what are the circumstances where a U.S. citizen3858might be detained and what steps does ICE take to prevent3859mistakes?3860    Mr. Lyons. Yes, sir, I appreciate the question. Well,3861unfortunately, there's a misnomer that ICE is just a civil3862enforcement agency, and that's completely wrong. ICE enforces3863over 400 criminal statutes as well. Special agents, especially3864with the Homeland Security Investigations, they're consistently3865out there doing human trafficking cases, drug cases, terrorism3866cases. We do encounter U.S. citizens, and those who do commit3867Federal crimes are arrested. But under Title 8, no U.S. citizen3868is subject to civil immigration enforcement, and that just3869doesn't happen. There are multiple safeguards in that way. If a3870U.S. citizen is detained in the course of an immigration3871investigation, they're quickly released. We don't take action3872on American citizens.3873    Mr. Mackenzie. If it does occur where a U.S. citizen is3874detained during the course of another investigation, how is3875that documented and conveyed to the public about the fact that3876this did occur and what the circumstances around that were?3877    Mr. Lyons. So, sir, if you say it is a separate3878investigation, if it comes to a criminal case, obviously a lot3879of those are under seal or on-going investigations. We won't3880expose that. But we're transparent in the case when it comes to3881any U.S. citizens that's detained in any law enforcement3882operations that's subsequently arrested.3883    Mr. Mackenzie. I appreciate that. I think greater3884transparency could be beneficial for both the American public3885and everybody involved here if we clearly articulate what3886occurred in many of these instances. I have seen it myself when3887I am looking into local issues in our community. There are3888oftentimes two sides to the story. When it is actually conveyed3889what did occur and why it occurred, there is a greater3890understanding in our local community of the law enforcement3891activities that occurred.3892    The second thing I would like to hit on is jurisdictions3893which are sometimes referred to sanctuary cities. Not a clear3894definition, as we all know, but local authorities in our3895community, we have Northampton County which does not honor ICE3896detainer requests for 48 hours and properly convey to ICE and3897law enforcement about the release of that individual, when that3898may occur, or even during that detainer period allow ICE to3899come onto their property to make an arrest in a secure3900facility. Obviously, that leaves our community in a vulnerable3901position. In our case, members of Tren de Aragua, domestic3902abusers have been released onto the street and ICE had to stake3903out that location, making the arrests in an unsecure way out in3904the local community.3905    From your perspective, how does this dynamic affect public3906safety and day-to-day operations? Where or how can we change3907and improve the coordination between ICE and State and local3908partners?3909    Mr. Lyons. Thank you, sir, again. What I would say is just3910very basic communication would go a long way for public safety.3911You know, ICE respects and abides by State and municipality3912laws well, where sometimes you can't hold for any reasons. But3913a simple phone call to let us know that that individual is3914going to be released or if that individual is released, sharing3915that biographical data with us will go a long way. Because the3916last thing we want is a criminal illegal alien to go back into3917the community. More often than not they prey upon other3918migrants who are coming here for a better life, yet that they3919can hide in plain sight because the sanctuary jurisdictions3920won't just pick up a phone, notify ICE that they're being3921released.3922    Mr. Mackenzie. Well, I appreciate that. I think we want3923full cooperation between our local law enforcement and Federal3924agents when they are trying to do their job. If somebody is on3925a detainer, they should be allowed onto that property, given3926the ability within that detainer window to make a lawful3927arrest. I think it would go a long way to keeping our community3928safe.3929    I would like to thank all of you again for being here. The3930fact that you are here and present for this kind of testimony,3931I think brings greater accountability and increases the ability3932for us to make reforms in Congress. Thank you again.3933    Chairman Garbarino. The gentleman yields back.3934    I now recognize the gentlelady from New Jersey, Ms. Pou,3935for 5 minutes of questions.3936    Ms. Pou. Thank you, Mr. Chairman and to our Ranking Member3937Thompson. Gentlemen, thank you so very much for being here.3938    Let me just be clear. Secretary Noem must step down or be3939impeached by the House, period. The lawlessness, the cruelty,3940the outright viciousness that she has created has destroyed an3941agency whose very mission is to protect our country. Under3942Noem's leadership, Congressional oversight is ignored,3943detention visits are blocked, due process is ignored, and laws3944are broken without thought.3945    This is the first time any of you have testified before our3946committee. It took two American citizens being murdered in cold3947blood to get you to show up. ICE raids schools, churches, and3948hospitals. Let's not forget 5-year-old Liam Ramos. You used him3949as a bait and then detained him despite his father's legally--3950his father legally seeking asylum. Liam is the face of your3951cruelty.3952    My district is one of the most ethnically diverse in3953America. Our diversity is our strength. But somehow you all3954seem to believe it is a weakness. Last fall, the Supreme Court3955greenlit ICE's ability to yank people off the street based on3956one thing such as ``the type of work one does, speaking3957Spanish, or speaking with an accent and their apparent race or3958ethnicity.''3959    Mr. Lyons, I speak Spanish. If I wasn't wearing any--if I3960wasn't wearing my Member pin, would me being a Latina or3961speaking Spanish be enough for ICE agents to harass me or shove3962me into one of your unmarked cars?3963    Mr. Lyons. No, ma'am.3964    Ms. Pou. I speak for all of us when I say that I think we3965know the real answer to this. These are the realities3966traumatizing my constituents. We know that ICE is transferring3967New Jersey detainees to other States, like Texas, ripping them3968from their families and leaving them unable to challenge their3969detention.3970    Mr. Ice, yes or no--I am sorry, Mr. Lyons, yes or no? Will3971you provide us with a list of people ICE has transferred from3972New Jersey to other States so that I can inform their families3973where they are?3974    Mr. Lyons. Yes, ma'am.3975    Ms. Pou. These are people like my constituent, Leqaa3976Kordia, who ICE shipped to Texas and continues to detain,3977despite 2 judicial orders compelling her release. Over the3978weekend Leqaa was hospitalized for 72 hours while her family3979had no idea where she was at nor the status of her condition.3980    Mr. Lyons, would you be willing to look into this to make3981sure to release my constituent? Why have we failed? Why have3982you failed to inform her family where she was sent and the3983status of her condition? When will she be freed?3984    Mr. Lyons. Yes, ma'am. You have my commitment that I'll3985look into that.3986    Ms. Pou. Thank you. Now, soon, Mr. Lyons, and all of you,3987my district will host the World Cup matches and hundreds of3988thousands of visitors will come. Visitors' confidence is3989plummeting and jeopardizing the World Cup.3990    Mr. Lyons, will ICE commit, will you commit to ensure that3991pausing its operations and raids at FIFA matches and other FIFA3992sanctioned public events?3993    Mr. Lyons. Ma'am, ICE, specifically Homeland Security3994Investigations, is a key part of the overall security apparatus3995for the World Cup. We're dedicated to securing that operation.3996We're dedicated to the security of all our participants as well3997as visitors.3998    Ms. Pou. You realize that if they feel that they are going3999to be wrongfully incarcerated, wrongfully pulled out, that is4000going to hurt this entire process. I hope you realize that.4001    Mr. Lyons. Yes, ma'am. ICE is dedicated to ensuring that4002everyone that visits their facilities will have a safe and4003secure event.4004    Ms. Pou. Without these assurances, our local communities4005and national reputations will indeed be suffered.4006    Thank you, Mr. Chairman. I yield back.4007    Chairman Garbarino. The gentlelady yields back.4008    I now recognize the gentleman from North Carolina, Mr.4009Knott, for 5 minutes of questions.4010    Mr. Knott. Thank you, Mr. Chairman. Using the trope4011diversity is our strength as an excuse for lawlessness is4012unbelievably naive and dangerous. Nobody in this room would say4013that diversity is a bad thing. Lawlessness is a bad thing. Law4014and order is much more of our strength than open border4015policies that welcomes anybody with no vetting. When you get4016down to the nuts and bolts of this issue, we would not be4017having this hearing if the Democrats attacked illegal4018immigration with the same vigor that they are attacking law4019enforcement and the men at this table. That is a fact.4020    It is worth noting that the dishonesty in framing these4021issues has been unbelievably obvious. It has been consistent4022and just to--as an anecdote. Mr. Lyons, was Liam used as bait4023by your agency?4024    Mr. Lyons. No, sir. Actually, law enforcement officers took4025care of the child after the father abandoned him at a----4026    Mr. Knott. Walk us through what that means.4027    Mr. Lyons. So, sir, the individual that was driving that4028vehicle with--Liam was in, fled from the scene, from the4029officers. He was obviously upset. We comforted him. The4030officers actually placed him in one of our vehicles, played his4031favorite song, favorite music. Then they took him to4032McDonald's.4033    Mr. Knott. You all got him McDonald's. So you all did not4034abduct him. You did not use him as bait. Any characterization4035of that is a lie. It has been repeated over and over by the4036Democrats to frame your agency.4037    You know, it is worth noting again that the Democrats4038fought to prevent any vetting of 20 million illegal immigrants4039into this country over the last 4 years. They attack agents4040rather than those who are assaulting agents today. They4041continually misframe what is happening on the ground. They4042continually malign the law enforcement officers who are4043providing legal structure to otherwise lawless landscapes in4044this country. It is worth noting that there have been roughly 24045million people in the country who have been removed in the last4046year, some voluntarily and then some by forced deportations.4047    We have heard roughly about 25 cases of alleged abuse. Some4048of them, as I just pointed out, are dishonestly framed. But4049let's do a favor to the Democratic side. Let's increase that4050number by 1,000 times, 25,000 cases of alleged abuse or4051improper protocols. We are still operating at roughly 994052percent proficiency. Given the scale of the problem, the scale4053of the solution that you all are operating under, your agents4054are doing a remarkable job, and I thank you.4055    But one issue that I want to talk about is this idea of4056sanctuary policies. Sanctuary policies is not just a passive4057relinquishing effort. It is an active obstruction. Isn't that4058true, Mr. Lyons?4059    Mr. Lyons. Yes, sir.4060    Mr. Knott. What I mean by that is when I say it is an4061active, to be specific, there are sanctuary States and cities4062that will release violent criminals rather than handing them4063over to pursuing Federal law enforcement. Isn't that correct?4064    Mr. Lyons. That is correct, sir.4065    Mr. Knott. I left the hearing a few moments ago just to4066find a quick example. Here is one right behind me. Just 304067hours ago, an illegal alien arrested for stabbing an American4068in the back. He was charged with attempted murder. He pled to a4069lesser offense. The Feds wanted him, sought a detainer, and4070then rather than hold him for your agents' pickup, he was4071released back into the streets of Maryland. That is not an4072unusual action from local hostile law enforcement, is it, Mr.4073Lyons?4074    Mr. Lyons. No, sir. That's what we face every day.4075    Mr. Knott. So we have heard the Democrats complain that we4076are not getting the worst of the worst. But their sanctuary4077jurisdictions that control roughly 40 percent of this country's4078population will actively release sex predators, drug dealers,4079violent offenders, rather than hand them over to you for4080deportation. These are people who are already in custody. Am I4081correct, Mr. Lyons?4082    Mr. Lyons. Yes, sir. The individuals are already deemed a4083public safety threat by local or State law enforcement.4084    Mr. Knott. Then when they get a Federal detainer, they will4085release them on the street rather than turn them over for4086deportation?4087    Mr. Lyons. Yes, sir.4088    Mr. Knott. It is disgusting. Mr. Scott, I want to talk to4089you briefly. I am running out of time. How many cities does4090your agency operate in?4091    Commissioner Scott. We operate nationwide.4092    Mr. Knott. Why is it that there is so much tension in4093Minneapolis-St. Paul right now?4094    Commissioner Scott. Because paid agitators are actively4095trying to stop law enforcement action. Without that, you4096wouldn't even have any idea most of these arrests were taking4097place.4098    Mr. Knott. In many parts of the country, local law4099enforcement assists your efforts to bring legal structure to4100these lawless areas, isn't that correct?4101    Commissioner Scott. That's correct.4102    Mr. Knott. When order is maintained, you can do your job4103peacefully, correct?4104    Commissioner Scott. Correct. All we've ever asked is for4105law enforcement to do their job, not necessarily----4106    Mr. Knott. In Minneapolis-St. Paul, local law enforcement4107in some cases have been prohibited from maintaining order so4108you can do your job, isn't that correct?4109    Commissioner Scott. Correct.4110    Chairman Garbarino. The gentleman's time has expired.4111    Mr. Knott. I yield back. Thank you.4112    Chairman Garbarino. I now recognize the gentleman from4113Virginia, Mr. Walkinshaw, for 5 minutes.4114    Mr. Walkinshaw. Thank you, Mr. Chairman.4115    Director Lyons, your opening statement referenced the4116importance of protecting children and I am glad to hear your4117commitment to that. I want to focus on one of President Trump's4118mass deportation policies that the experts say harms children:4119child detention. In this administration, under your watch, ICE4120has booked nearly 4,000 children and 1,000 of them have been4121held longer than the court-ordered 20-day limit.4122    Recently, ProPublica obtained handwritten letters and4123drawings from children detained by ICE. These are letters from4124children describing what it feels like and what it does to them4125when the Government locks them up.4126    This is Ariana. She is 14 years old, detained for 45 days.4127``Since I got to this center, all I feel is sadness and mostly4128depression.''4129    This is Mia, 7 years old, ``I don't want to be in this4130place. I want to go to my school.''4131    This is Scarlet, 17 years old, ``I feel very bored and4132overwhelmed because I am locked up.''4133    This is Gabby, 14 years old, ``I feel so much sadness and4134depression of not being able to leave.''4135    This is Maria, 9 years old, ``Me and Dilly am not happy.4136Please get me out of here.''4137    This is a 12-year-old, ``Going to the doctor and the only4138thing they tell me is drink more water. The water here is what4139makes people sick.''4140    This one got me, Mr. Lyons, because this is a 5-year-old,4141Louise Annie, ``My son's five. He can't write many words, but4142he can communicate through drawings like this.'' This is a4143picture of Louise Annie's family. You might be able to see that4144none of the faces are smiling.4145    Child detention is not required by law. You know that. It4146is not the only option available and it is not effective. We4147know that community-based alternatives can ensure compliance4148with proceedings without traumatizing these children. Yet you4149continue to detain and hold children for weeks or months,4150depriving them of school, stability, leaving them afraid, sick,4151and confused. One of the key reasons for your mass detention,4152including the detention of Liam and his father, is to pressure4153people to give up their legal opportunities and pathways to4154remaining in the United States. Liam's father was following the4155rules, following the legal process, with a valid claim.4156    Let me be clear. No child, not Liam Ramos, not Gabby, or4157any of these children should be used as pawns in Stephen4158Miller's sick and twisted Great Replacement agenda.4159    Mr. Lyons, in 2025, the British Journal of Psychiatry4160analyzed all of the data on the impact of immigration detention4161on children's health. Have you read that study and analysis?4162    Mr. Lyons. No, sir, I haven't.4163    Mr. Walkinshaw. You are the director of the--you are not4164familiar with that literature?4165    Mr. Lyons. No, sir.4166    Mr. Walkinshaw. You could tell me, I am sure, chapter and4167verse on the tactics and the equipment that your agents use,4168military-style equipment across the country, in American4169cities. But you don't know anything about the literature of the4170impacts of your policies on children. You haven't read it?4171    Mr. Lyons. No, sir.4172    Mr. Walkinshaw. The Flores Agreement, I am sure you know4173that, sets a 20-day limit on detaining children. You and the4174Trump administration are trying to terminate that agreement.4175How long would you like to hold children, 20 days, 40 days, 604176days, 100 days? What is the right number, Mr. Lyons?4177    Mr. Lyons. Sir, we wouldn't like to hold any children. We4178would like to remove that family unit together, safely and4179humanely and as quickly as possible.4180    Mr. Walkinshaw. Thank you. Since you haven't read the4181literature, let me tell you what it says. ``Detention harms4182children.'' No period, no period, not 20, 40, 75 days that you4183are holding children, can be deemed safe. All detention of4184children has adverse impacts and is profoundly detrimental.4185Your policies are profoundly detrimental to children.4186    I yield back.4187    Chairman Garbarino. The gentleman yields back.4188    I now recognize the gentleman from California, Mr. Fong,4189for 5 minutes of questions.4190    Mr. Fong. Thank you, Mr. Chairman. Thank you all. For those4191who are here testifying. I want to thank you, to you and your4192teams and your personnel for what you do.4193    Commissioner Scott, you mentioned and you in your4194testimony, National Security cannot exist without effective4195border security. Couldn't agree more. Everyone on your teams4196are doing tremendous work under difficult conditions. I want to4197thank you all.4198    I do want to ask and dive in a little deeper as a4199Californian on the dangers and the consequences of these4200sanctuary policies.4201    Director Lyons, I was in the State legislature in 2017 when4202sanctuary State policies were put in in California. I opposed4203S.B. 54 because at the time, and everything has proven to be4204true, it was outlined that the impact on ICE and Border Patrol4205agents was that there would be reduced information and access,4206agents would be conducting higher-risk enforcement operations,4207and that there will be operational constraints when it comes to4208limiting cooperation between State and local law enforcement. I4209wanted to get your perspective, Director Lyons, and I will go4210to you Commissioner Scott as well. What--can you give specifics4211on how these sanctuary State policies impact your operations in4212real time compared to nonsanctuary operations?4213    Mr. Lyons. Well, sir, for ICE, what I kind-of--I will refer4214back to what we talked about earlier in my testimony. The fact4215that when State or local or county agencies don't cooperate4216with Immigration Customs Enforcement, it forces us to go back4217into the community, which we don't want to do. It also4218increases the number of assets we have to put toward that4219arrest. Like I said earlier, I would much rather send one or4220two agents or officers to make that arrest in a safe, secure4221location rather than being out in the street. It is safer for4222everyone involved.4223    Mr. Fong. Before you--before I go to you, Commissioner4224Scott, and answer, I just want to let everyone know in4225California, and I think it was just reported a couple days ago,4226there are currently 33,179 illegal aliens in the custody of4227California jurisdictions with active detainers. The crimes of4228these aliens include 399 homicides, 3,313 assaults, 3,1714229burglaries, 1,011 robberies, 8,380 dangerous drug offenses,42301,984 weapon offenses, and 1,293 sexual predatory offenses.4231These are the real-world consequences. Isn't that right,4232Commissioner Scott? When we don't have cooperation, they are4233released into the community.4234    Commissioner Scott. Those are exactly the consequences. I4235would just add California-specific, they went above and beyond4236everybody else, I mean, in a negative way. They prohibited4237State and locals when they saw a crime taking place in front of4238them from sharing that information with us.4239    San Diego, for example, right after that law was passed, a4240highway patrol pulled over a U-Haul van and it was a smuggling4241event, probably a human trafficking event. A Border Patrol4242agent just happened to roll up on it and found out, luckily,4243but that highway patrol was disciplined and actually4244investigated internally. That sent a chilling effect across the4245entire State of California that not only can you not actively4246take--like help us, you couldn't even pass information to us in4247a normal course of duties.4248    Border security law enforcement is a team sport. We need to4249be working together, not against each other.4250    Mr. Fong. Now, can you explain what would have happened,4251and I think you alluded to it, but what would have happened4252prior to that if there was local and State coordination with4253Federal law enforcement?4254    Commissioner Scott. On a daily basis, especially along the4255Southwest Border, and let's not forget and the coast, because4256we have boats coming in, when a State or local agency would see4257illegal activity that they had--they could take action on, and4258then they saw a Federal crime, they would contact us. It4259happened all the time. That completely ceased to exist when4260S.B. 54 was passed.4261    Mr. Fong. These crimes, of course, as you mentioned before,4262if you go into specifics, I mean, this is trafficking, both4263humans and drugs, this is rape, assaults, I mean anything. You4264are telling me that if any of those crimes occurred, if right4265now under--in California, if someone witnessed it, if a State4266law enforcement or local law enforcement witnessed these crimes4267being committed, they could not notify you.4268    Commissioner Scott. They have some felony exceptions, but4269in most cases, you don't know until you start asking questions4270if it's just a smuggling event or a human trafficking event.4271Until you actually pop the trunk of the vehicle or the back of4272the car, you don't know what commodity is back there, if it's4273people or something else. It put a chilling effect beyond the4274actual written language on any kind of cooperation in the4275State.4276    Mr. Fong. Well, I want to thank you for that. Yes, there4277were some exceptions when it comes to felonies, but as someone4278who lives in California and was there for the discussion and4279debate, everything we warned about when it came to sanctuary4280State policies and the consequences to our community and the4281consequences to public safety, they have come true. That is sad4282and unfortunate and we need to undo those policies.4283    So I want to thank you all for your leadership and4284testimony and your work. Thank you. Mr. Chairman, I yield back.4285    Chairman Garbarino. The gentleman yields back.4286    I now recognize the gentleman from Louisiana, Mr. Carter,4287for 5 minutes of questions.4288    Mr. Carter. Mr. Chairman, thank you very much. To our4289witnesses, thank you for being here.4290    What we have heard today and seen play out in the streets4291of this Nation for the past year, straight out of the Trump4292administration's fascist playbook: cheat, murder, lie about it,4293practice the art of mass distraction. The American people are4294not happy about this.4295    This administration's officials are sitting before us, two4296people are dead. I understand that there is an investigation4297and you cannot go into the details about that, but there4298certainly appears to be no shame on the part of these4299officials, who have undoubtedly watched some of your officers4300conduct themselves in ways that I know you don't condone, not4301as law-abiding people. Right? So I got to give you the benefit4302of doubt. I can't understand why you show no shame, no4303contrition, no remorse for the human lives that have been lost4304or for the trampling of the Constitution and the tearing apart4305of the moral fiber of our Nation.4306    They think, apparently, you think, apparently, you have4307been coached, apparently, you have been called out of the room4308with a forced break to be told to be more aggressive, to push4309back against questions. The American people saw that happen.4310The American people watched as you all looked at each other,4311oh, I didn't ask for a break. Clearly you were called in the4312back to be coached, a halftime locker room pep talk. This isn't4313a game. These are people's lives.4314    We should all be, you should be, your officers should be4315held accountable that no one is above the law. No one can evade4316the Constitution. No person can evade what is right, even4317though you think that Donald Trump will protect you, and maybe4318he will for now. But there will be a time that you have to4319answer these questions.4320    While you have worked on many administrations and it has4321been asked, you worked on different administrations, what is4322different? I will tell you what is different. The approach. The4323approach of how you conduct your search and seizure. The reason4324there were so many others and they were not riots was because4325people were not being trampled. You had trained officers who4326knew the art of deescalation. They understood the rule of law.4327They understood the Constitution. Yet now we continue to hear4328lies.4329    Last year, I took Members of Congress on an oversight visit4330to ICE facility. We were told certain things that turned out to4331be patent lies. They told us things that we witnessed within4332moments of being there to not be true. Yet we continue to hear4333you and some of my colleagues suggest, don't believe your eyes,4334don't believe your ears, just trust us. Well, the American4335people can see.4336    This notion that Democrats don't want enforcement, those4337are talking points that are wrong. We want rapists and4338murderers off the street. We want the bad, the worst of the4339worst, to be arrested and to be deported if they aren't4340supposed to be here. What we don't want is citizens running4341down the street being chased by ICE agents, people being shot4342on the streets by rogue officers who are, in fact, American4343citizens. What we don't want is to see people like Ms. Good or4344Mr. Pretti simply doing what we often say if you see something,4345say something. We don't want to see people dying on the4346streets.4347    So let me ask you a quick question. Mr. Lyons, has ICE ever4348detained American citizens such as they are not free to leave,4349whether it is on the sidewalk, street, or thrown into the back4350of an ICE vehicle because they looked or sound a certain way,4351even though they said they were American citizens? Yes or no,4352quickly. I only got 38 seconds.4353    Mr. Lyons. No, sir.4354    Mr. Carter. That has never happened before?4355    Mr. Lyons. That we've arrested one? No, sir. We've detained4356individuals to verify identity, but we haven't arrested or4357deported. No, sir.4358    Mr. Carter. Detained, arrest, check it out.4359    Mr. Lyons. Yes, sir.4360    Mr. Carter. It is the same thing, right. All right. What4361does an undocumented person look like or sound like? Does it4362look like Mr. Garbarino? Does it look like me?4363    Mr. Lyons. Could look like anyone, sir.4364    Mr. Carter. OK. Well, how are you training your people?4365Because you have said and others have said, if they sound a4366certain way, they look a certain way, we are going to stop4367them. That was quoted by your people. What do you say to that?4368    Mr. Lyons. Sir, what I say is that ICE does criminal4369targeted enforcement based on intelligence, and we don't use4370the color of skin or accents for that.4371    Mr. Carter. So the person who said that was wrong?4372    Chairman Garbarino. We will----4373    Mr. Carter. Yes, the person was wrong?4374    Chairman Garbarino. We will let the gentleman get that4375answer in writing. His time has expired.4376    We will now recognize the gentleman from Tennessee, Mr. Van4377Epps, for 5 minutes of questions.4378    Mr. Van Epps. Thank you, Mr. Chairman, for holding this4379hearing and to our witnesses for testifying today.4380    I want to commend the job the Trump administration and you4381gentlemen are doing to secure the border, enforce Federal4382immigration laws, and keep dangerous criminals off our streets.4383Under President Biden, we saw unprecedented levels of illegal4384immigration, and many of those who came across the border were4385connected to transnational criminal organizations and have4386continued to commit crimes while in the United States. Despite4387doing everything they could to secure our borders, our brave4388CBP officers and Border Patrol agents were undermined at every4389turn by the Biden-Harris administration. Yet under President4390Trump, CBP, Border Patrol, and ICE have been empowered to do4391their job and fulfill their mission.4392    As a representative from Tennessee, I can't help but4393compare operations in Minneapolis to those in Memphis. Federal4394law enforcement operations in Memphis have been successful by4395every standard and metric, with Memphis Safe Task Force4396arresting over 6,000 people. While immigration enforcement4397isn't a stated goal of this task force, there is no question4398that it is also taking place. The successful operations are due4399in large part to the outstanding leadership of Governor Lee,4400who has worked closely with Federal partners.4401    Over the last year, the Trump administration has arrested4402numerous gang members, pedophiles, and drug traffickers in4403Memphis with little fanfare or interference from activists. As4404a result of this cooperation, murders in Memphis are down by 474405percent since President Trump took office and overall violent4406crime is down by 30 percent.4407    In May of last year, ICE Enforcement and Removal Operations4408worked with Tennessee Highway Patrol and DHS components to4409successfully arrest 196 criminal illegal aliens across the4410greater Nashville area. I am grateful for the role the members4411of the Tennessee Highway Patrol played in that operation. Their4412cooperation has made my district significantly safer. Since4413then, over 56 partnering agencies are working together4414alongside ICE to keep Tennesseans safe.4415    ICE has carefully highlighted the worst of the worst4416criminal aliens it has arrested. Today I will be entering into4417the record nearly 120 illegal aliens that have been arrested in4418Nashville with rap sheets ranging from identity theft to drug4419smuggling, larceny to arson, and robbery to rape. Federal4420agents are executing their mission to defend American citizens4421and protect our communities.4422    The major challenges we have seen in Minneapolis and4423similar cities are directly caused by sanctuary city policies4424and the refusal of local leaders to enforce the law, preventing4425local law enforcement from working with ICE. This leaves ICE4426and others unsupported, having to manage protesters and4427domestic friction in addition to their actual mission of4428enforcing immigration law. Local law enforcement is crucial to4429facilitate the mission.4430    Director Lyons, contrast ICE's experience in Minneapolis4431with other cities around the country, including Memphis and4432others, that have agreements to work with ICE. What can4433successful partnerships with local law enforcement and other4434partners look like?4435    Mr. Lyons. Sir, thank you. I would say that Memphis is a4436prime example and I have to, you know, give credit to the U.S.4437Marshals Service that's leading that operation. Homeland4438Security Investigation agents are out there every day with the4439men and women of Tennessee Highway Patrol and Memphis Police4440Department, and the reduction in crime has been significant.4441    But if you look across the country, almost at every State4442we do have cooperative jurisdictions. If you look at Texas,4443Texas we have outstanding cooperation. You don't see any riots4444or anything like that. You see side-by-side law enforcement4445working together as it would be. If you look at the State of4446Florida, State of Oklahoma, State of Louisiana, all across the4447Nation, we do have that. What it is, is public safety.4448    Mr. Van Epps. Thank you. Next, I want to commend the Trump4449administration for locking down our Southern Border. A year4450ago, it was a highway for illegal aliens and illicit materials.4451Today, it is secure and closed.4452    Commissioner Scott, as Congress and the Trump4453administration enabled DHS to secure the Southern Border, how4454are cartels and other criminal organizations adapting to4455effective border enforcement?4456    Commissioner Scott. They're going to continue to push back.4457I think some of it is in these protests because if we can shut4458down interior enforcement, that allows them to basically market4459their goods, if you will, to smuggle people in. They need those4460people to be distractions because without it, they have to4461start digging million-dollar tunnels. Without it, they have to4462spend a bunch of money on drones, which we're countering.4463Without it, they have to go out into the ocean where they stick4464out like a sore thumb. We're increasing our radars on the West4465Coast and increasing our air coverage. Basically, it affects4466their bottom line and it makes it harder and harder for them to4467bring their poison and anybody that wants to threaten this4468country that's willing to pay them here.4469    Mr. Van Epps. Thank you. Mr. Chairman, I move to submit for4470the record a list of DHS worst of the worst in Tennessee, 34471quotes from Tennessee-7 sheriffs supporting ICE, and 5 news4472articles germane to the hearing in Tennessee.4473    Sir, I yield back.4474    Chairman Garbarino. Without objection.4475    [The information follows:]4476    [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]44774478    Chairman Garbarino. The gentleman yields back.4479    I now recognize the gentleman from Texas, Mr. Green, for 54480minutes of questions.4481    Mr. Green. Thank you, Mr.--sorry, Mr. Chairman, can you4482hear me now? Is it----4483    Chairman Garbarino. Move the microphone right there.4484    Mr. Green. Well, will you give me a moment to get a bit4485closer, please?4486    Thank you, Mr. Chairman. I say it sincerely, I believe this4487is a most valuable hearing, and I am honored that Ranking4488Member would be here with us to accommodate us, as is the case4489with you.4490    Mr. Lyons, is it true that you have a criminal justice4491degree, a bachelor's degree in criminal justice?4492    Mr. Lyons. Yes, sir, it is.4493    Mr. Green. Is it also true that you have a master's degree4494in criminal justice leadership?4495    Mr. Lyons. Yes, I do.4496    Mr. Green. Would you, as a professional with 2 degrees in4497criminal justice, indicate to us that if an officer commits4498murder, that that officer should be prosecuted?4499    Mr. Lyons. Sir, any law enforcement misconduct needs to be4500investigated and prosecuted.4501    Mr. Green. Investigated and prosecuted. Have you seen the4502widely-published video of the killing of Mr. Alex Pretti?4503    Mr. Lyons. Yes, sir.4504    Mr. Green. Sir, my assumption is that if I ask you whether4505this was an injustice, you would say you cannot comment because4506of an on-going investigation. Is that a fair statement?4507    Mr. Lyons. Yes, sir.4508    Mr. Green. What is the rationale for not responding to an4509on-going investigation?4510    Mr. Lyons. Sir, I don't want to impede----4511    Mr. Green. I don't want you to.4512    Mr. Lyons [continuing]. Or jeopardize the investigation.4513    Mr. Green. No, no, no. Not this one. Any. Any. As you--in4514your profession now. But any investigation, what is the4515rationale? Not this one. Any.4516    Mr. Lyons. Same for any investigation, sir. I don't want4517to----4518    Mr. Green. You would not----4519    Mr. Lyons. I don't want to bias or put my finger on the4520scale of any investigation.4521    Mr. Green. You are not. What is the rationale for your not4522testifying about it, is my question.4523    Mr. Lyons. I don't understand your question, sir.4524    Mr. Green. Why would--what does the law say? What is the4525rationale? What harm would it do if you testified?4526    Mr. Lyons. Because I don't want--have the full facts in the4527case yet, sir.4528    Mr. Green. Exactly. That is what I expected you to say. You4529don't have the full facts. Thank you.4530    I assume you would agree with this, Mr. Scott, is this4531true?4532    Commissioner Scott. Yes, sir.4533    Mr. Green. Mr. Edlow, you would agree?4534    Mr. Edlow. I assume so. I'm not a professional in law4535enforcement.4536    Mr. Green. Well, but you are a professional person with a4537degree of intellect such as you can comment on whether or not4538it would cause harm.4539    Mr. Edlow. Well, I certainly would not comment on anything.4540    Mr. Green. Not a specific case. We are talking about now4541any case. Would you agree that it would cause harm for you to4542testify before there is an investigation?4543    Mr. Edlow. Certainly, without having all the facts.4544    Mr. Green. All right. Surely you would agree.4545    Which brings us to Secretary Noem. Secretary Noem accused4546Mr. Pretti of brandishing a firearm while wishing to inflict4547harm on the officers. Secretary Noem. Same rules that apply to4548you apply to Secretary Noem. Accused these--this gentleman, Mr.4549Pretti, of brandishing a firearm. Secretary Noem doing this4550when she did without an investigation. We have to agree that4551there has not been an investigation. I don't think I have to4552ask you that. Not a complete investigation that we know of4553anyway. She did it right afterwards. Having done this, she is4554violating this very basic principle that you have called to our4555attention today.4556    We have to ask ourselves, why would she go so far as to say4557brandishing when he did not? The video will clearly show it.4558She said wishing to inflict harm. Did not inflict any harm. But4559the Secretary, without an investigation, made these comments.4560    I will tell you why. The Secretary was in a rush to cover4561up, to make sure that she was protecting the officers without4562regard for the life that was lost. In doing this, she was4563violating not only this basic moral concept, she was breaking4564the law. The Secretary should be investigated right along with4565those officers who were out there engaged in this ungodly4566conduct. She should be investigated.4567    In my opinion, based upon my observation, the Secretary4568should not only be investigated. The Secretary should be4569prosecuted right along with those officers. This man did not4570brandish. This man was not armed. This man did not attempt to4571hurt those officers. They should all be prosecuted. You persons4572associated with the Trump----4573    Chairman Garbarino. The gentleman's time----4574    Mr. Green [continuing]. Administration said lock her up. I4575say lock her up.4576    Chairman Garbarino. The gentleman's time has expired.4577    I now recognize the Ranking Member for UCs.4578    Mr. Thompson. That is correct, Mr. Chair. Mr. Chairman, I4579ask unanimous consent to insert 2 statements for the record,4580one submitted by the Refugee Council USA and the other from the4581Baptist Joint Committee on Religious Liberty.4582    Chairman Garbarino. Without objection.4583    [The information follows:]4584    [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]45854586    Mr. Thompson. Mr. Chairman, on behalf of Mrs. Ramirez, I4587ask unanimous consent to include in the record 3 articles. One,4588the Chicago Sun Times article describing how U.S. Border Patrol4589has separated a family. No. 2, an ABC-7 Chicago article that4590describes how ICE's warrantless arrests in Chicago has been4591ruled unlawful by a Federal judge. Third, a ProPublica article4592documenting how immigration agents are using banned chokeholds4593and other moves that can cut off breathing.4594    Chairman Garbarino. Without objection.4595    [The information follows:]4596    [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]45974598    Mr. Thompson. Mr. Chairman, I ask unanimous consent to4599insert in the record the following articles. A CBS News article4600that states that contrary to the administration's claim, only460114 percent of those arrested by ICE had violent criminal4602records. An NPR story about a DHS memo that says ICE can enter4603people's home without a judicial warrant, which has alarmed4604Members on both sides of the aisle. An article from the4605Marshall Project that alleges that there are thousands of kids4606in detention, many for longer than the court-prescribed limit.4607An article from The Independent about a sick 5-year-old Liam4608Ramos asking for his mom in a detention center, which rebuts4609testimony we heard today that ICE was taking good care of him.4610A report from the Center for Election Innovation and Research4611updated this month that found that noncitizen voting is rare4612and allegations of the practice are a result of4613misunderstandings or fabrication. An article from the AP which4614highlights that Federal authorities are monitoring and tracking4615individuals who criticize immigration enforcement operation. A4616report from the Brennan Center titled ``ICE Wants to Go After4617Dissenters as Well as Immigrants.'' A report from The Guardian4618that describes the terrible condition in ICE facilities and4619that ICE deny urgent medical care to a 10-year-old.4620    Chairman Garbarino. Without objection.4621    [The information follows:]4622    [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]46234624    Chairman Garbarino. I want to thank--the gentleman yields4625back.4626    I want to thank the Members--or the witnesses for being4627here today and all the Members for their questions. Members of4628the committee may have some additional questions for the4629witnesses and we ask that the witnesses to respond to these in4630writing. Pursuant to committee rule VII(E), the hearing record4631will be held open for 10 days.4632    I want to let the audience know that please still be seated4633while the witnesses and their teams leave.4634    Without objection, this committee stands adjourned.4635    [Whereupon, at 1:26 p.m., the committee was adjourned.]46364637                           A P P E N D I X  I46384639                              ----------46404641         Article Submitted by Ranking Member Bennie G. Thompson4642[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]46434644             Letter Submitted by Honorable Timothy Kennedy4645[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]46464647                          A P P E N D I X  I I46484649                              ----------46504651    Questions From Chairman Andrew R. Garbarino for Rodney S. Scott4652    Question 1. Please provide the standard operating procedure for4653your agency for an investigation when deadly force is used.4654    Answer. U.S. Customs and Border Protection (CBP) Office of4655Professional Responsibility (OPR) Special Agents (SAs) are responsible4656for investigating incidents involving the use of deadly force by CBP4657personnel. These investigations are conducted in close collaboration4658with local, State, Tribal, and Federal law enforcement agencies with4659concurrent jurisdiction over the incident.4660    Upon notification of a use of deadly force incident involving CBP4661personnel, OPR SAs immediately initiate a comprehensive investigation4662and respond to the incident scene. The investigative process includes,4663but is not limited to, the following steps:4664   Immediate Scene Management:4665     Involved Officers/Agents:4666       Involved officers and agents are separated to ensure the4667            integrity and independence of their statements.4668     Scene Security:4669       The incident area and all potential evidence are secured4670            to protect them from environmental factors and unauthorized4671            access until involved agencies complete their investigation4672            of the scene.4673     Medical Aid:4674       Immediate medical assistance is provided or ensured for4675            any injured individuals.4676     Identify Witnesses:4677       All civilian and CBP personnel witnesses who saw, heard,4678            or possess relevant information about the incident are4679            identified and located.4680   Evidence Collection & Preservation:4681     Digital Evidence:4682       Body-worn cameras, dash-cams, any other available4683            surveillance footage, and available audio recordings,4684            including radio transmissions, are secured.4685     Physical Evidence:4686       Weapons, shell casings, and other relevant items are4687            collected and processed.4688     Documentation:4689       Comprehensive photographic and/or video documentation of4690            the scene, injuries to any involved parties (suspects or4691            officers), and any key evidence is completed.4692     Medical Records:4693       Records pertaining to the medical treatment of any4694            injured individuals are obtained.4695   Interviews & Statements:4696     Subject/Suspect:4697       Individuals involved in the incident are afforded the4698            opportunity to provide video-recorded statements if they4699            choose.4700     Witnesses:4701       Detailed video recorded interviews are conducted with4702            all identified witnesses.4703     CBP Personnel:4704       Video-recorded statements are obtained from CBP officers4705            and agents involved, in collaboration with other law4706            enforcement agencies, giving careful consideration given to4707            Garrity rights if a parallel criminal investigation is4708            under way.4709   Administrative & Criminal Review:4710     Initial Assessment:4711       OPR Field Office SAs, and OPR Headquarters conduct an4712            initial review of the facts gathered.4713     Chain of Command:4714       The investigation proceeds through the established chain4715            of command to determine whether the facts and circumstances4716            surrounding the use of force have been thoroughly4717            investigated.4718     Parallel Investigations:4719       Separate criminal investigations (to determine if laws4720            were violated) and administrative investigations (to4721            determine policy compliance) may be bifurcated and4722            conducted concurrently by separate investigative teams.4723   Reporting & Adjudication:4724     Documentation:4725       Thorough and detailed investigative reports are4726            compiled.4727     Congressional Notification:4728       If the use of deadly force results in an in-custody4729            death, CBP transmits a Congressional Notification to4730            relevant oversight committee staff with 72 hours of when4731            the incident occurs.4732     U.S. Department of Justice Reporting:4733       If the use of deadly force results in an in-custody4734            death, CBP provides an annual report to the Federal Death4735            in Custody Reporting Program in line with the requirements4736            outlined in the Death in Custody Reporting Act of 2013.4737   Final Determination:4738     Criminal Investigation:4739       The lead investigative agency conducts a review of4740            investigation and if potential criminal conduct exists, the4741            case is referred to the relevant prosecutorial agency (U.S.4742            Attorney Office and/or local District Attorney) for a4743            prosecutorial determination.4744     Administrative Investigation:4745       CBP OPR SAs present the facts of the investigation to4746            CBP's National Use of Force Review Board (NUFRB). The NUFRB4747            reviews each incident to determine if the use of force was4748            consistent with CBP policy, if there are issues regarding4749            potential administrative or policy violations (including4750            potential misconduct) warranting referrals to CBP OPR (if4751            not already previously identified by OPR), and to identify4752            and assess any issues involving training, tactics,4753            equipment, or policy.4754    Question 2a. DHS has managed an unprecedented volume of tariff4755adjustments this year, requiring significant agility across CBP's trade4756processing systems. With a related Supreme Court decision nullifying4757IEEPA tariffs and requiring the administration to rapidly shift its4758tariff strategy, there remains a clear need for flexible responsiveness4759of the system.\1\ In addition, there are major economic events on the4760horizon--including the 2026 World Cup and the 2028 Olympics.4761---------------------------------------------------------------------------4762    \1\ Learning Resources, Inc. v. Trump, No. 24-1287, (2026).4763---------------------------------------------------------------------------4764    What specific steps is the Department taking to ensure its trade4765and tariff collection infrastructure remains stable, outage-free, and4766continues to keep pace with the rapidly-developing environment?4767    Answer. Implementing new tariffs is something that CBP is uniquely4768well-positioned to accomplish.4769    The technical implementation of new tariffs is done in the4770Automated Commercial Environment (ACE), the technological backbone of4771the U.S. international trade system.4772    Between January 20, 2025, and February 27, 2026, CBP implemented 494773Presidential tariff actions. Additionally, CBP deployed 4 enhancements4774to ACE to automate the creation of ACE Portal accounts supporting the4775mandated February 6, 2026, transition to electronic refund4776transactions, in accordance with Executive Order 14247. Also, in4777anticipation of the 2026 FIFA World Cup, CBP is deploying an ACE4778enhancement that will expedite the secure review and clearance of goods4779that are temporarily imported by truck, such as competitors' equipment.4780    Question 2b. Are there capacity, technology, or workforce needs4781that Congress should be aware of, and what is DHS's plan to sustain the4782accurate and timely flow of goods into the country under these4783compounding pressures across these areas?4784    Answer. Today's rapidly-evolving trade environment requires4785substantial and on-going upgrades and improvements for ACE to ensure it4786remains a robust, reliable, and efficient system. The U.S. Department4787of Homeland Security (DHS) and CBP continue to advocate for sufficient4788ACE funding, as it is critical to ensuring a safe, secure, and4789efficient U.S. economy. The fiscal year 2027 President's budget4790includes $136 million and 31 positions for ACE modernization to4791finalize modernization efforts essential to address growing trade4792volumes and evolving enforcement priorities.4793    Question 2c. Are there any planned transitions or changes being4794made to the system or how it is continuously modernized, sustained, and4795operated to meet the administration's tariff objectives, including the4796industrial base supporting it?4797    Answer. CBP's Office of Trade is executing a major technology4798modernization of ACE that will include the addition of new components4799and capabilities to enhance security, ensure scalability, and position4800the system to adapt to evolving processes and trade requirements.4801    Key initiatives include completing cloud migration, strengthening4802revenue protection, reducing manual processes, and enhancing4803enforcement against violative parties. ACE modernization will help CBP4804enforce tariff requirements, protect U.S. interests, and maintain a4805resilient, compliant system.4806    As CBP navigates the path for ACE modernization, it continues to4807optimize ACE through the regular deployment of system enhancements and4808swift implementation of Executive Orders and proclamations.4809    Question 2d. If so, are any of these changes self-imposed by the4810department, and have they been fully reviewed by all relevant4811stakeholders, including technical authorities (e.g., OIT, CIO, and4812others) to ensure no lapses in the technology required while aligning4813the system to updated tariff strategies?4814    Answer. ACE Modernization adheres to the Modernized Tailoring4815Approach as a post-Full Operational Capability IT modernization effort,4816as approved by DHS and other relevant stakeholders. Tailoring means4817modifying the traditional DHS Acquisition Lifecycle Framework to fit4818the program based on risk, complexity, delivery model, or mission4819urgency. Tailoring enables IT programs like ACE to execute delivery4820using agile methodology with a customized acquisition process that4821focuses on delivering value, not volume, and enables faster response4822without eliminating acquisition governance. Using this approach, we4823have the flexibility to support Executive Orders, Presidential4824proclamations, and legislative mandates, without compromising or4825eliminating critical technical reviews and checkpoints.4826    Question 3. Commissioner Scott, my office has been tracking the4827Consolidated Tower and Surveillance Equipment program very closely and4828following the future of border surveillance towers and autonomous4829capabilities. Through the One Big Beautiful Bill Act, Congress provided4830U.S. Customs and Border Protection with an unprecedented level of4831funding for border security and encourages the swift and effective4832execution of those funds. Please provide a comprehensive time line for4833acquisition and deployment of towers along our borders. In your4834response, please include award dates and a forecast of deployment4835dates, quantities, and locations of the towers.4836    Answer. CBP anticipates awarding contracts under the Consolidated4837Tower and Surveillance Equipment program in late May/early June 2026. A4838solicitation was released on March 9, 2026.4839    Below is the current time line and key milestones for the4840Consolidated Tower and Surveillance Equipment (CTSE) program:4841   CTSE Contract Award.--CTSE multiple-award indefinite-4842        delivery, indefinite-quantity contracts were awarded in4843        September 2023.4844   Deployment.--Delivery Order 01 was awarded in September 20234845        for 15 autonomous towers, deployed across El Paso (Santa4846        Teresa), San Diego (Campo), and Del Rio sectors. All towers4847        meet the Working Families Tax Cut Act autonomy requirements.4848   Next Steps.--CBP evaluated proposals for CTSE Delivery Order4849        No. 2, with plans to obligate $345 million. Towers will be4850        deployed to Del Rio, San Diego, El Paso, Big Bend, Tucson, Rio4851        Grande Valley, Yuma, and El Centro Sectors. Locations will be4852        finalized post-award.4853    The acquisition and deployment time lines for border surveillance4854towers under various contracts:4855   SBIR Anduril Contract:4856     Anduril Delivery Order 21 includes 200 total tower4857            recapitalizations, with 45 projected for deployment in4858            fiscal year 2026.4859     The full deployment under this order is expected to be4860            completed within 14 months.4861   CONTROP Recap Deployments (S&K Security Group):4862     16 tower recapitalizations are projected for deployment in4863            fiscal year 2026.4864     In partnership with SRC CONTROP, S&K Security Group will4865            complete 49 tower recapitalizations in the Tucson Sector,4866            between Douglas and Ajo, by the end of the third quarter of4867            fiscal year 2027.4868    This upgrade is based on the sustainment needs of Integrated Fixed4869Towers located in the Tucson sector between Douglas and Ajo, which are4870experiencing power issues, replacement part failures, and security4871vulnerabilities. Rather than making costly repairs, S&K Security Group,4872our sustainment vendor, is recapitalizing these towers to address these4873challenges and ensure continued operational reliability.4874    Question 4a. Commissioner Scott, Congress has consistently4875recognized the risk that front-line CBP personnel face from secondary4876exposure to fentanyl and other potentially lethal narcotics while on4877duty, including through its passage of the Prevent Exposure to4878Narcotics and Toxics (PREVENT) Act of 2021 during the 117th Congress.4879Specifically, this bill (H.R. 5274) passed the House unanimously in48802022 and was later signed into law on December 23, 2022, as part of the4881James M. Inhofe National Defense Authorization Act for fiscal year 20234882(Public Law 117-263, Sec. 7135), requiring the CBP Commissioner to4883ensure the availability of personal protective equipment, including4884containment devices, for ``all U.S. Customs and Border Protection4885officers, agents, other personnel, and canines at risk of accidental4886exposure to synthetic opioids.''4887    What is the status of CBP's efforts to satisfy this requirement?4888    Answer. CBP manages risks associated with suspected fentanyl and4889other illicit narcotics through established occupational safety and4890health procedures, including the use of Job Hazard Analyses and4891nationally-recognized safety practices. CBP deployed protective4892measures for personnel who may encounter suspected narcotics. These4893measures include N95 respirators, enhanced 5-mil disposable gloves,4894Tyvek sleeves and suits, and eye protection. Naloxone is also4895available as a medical countermeasure in the event of suspected opioid4896exposure. Containment devices such as glove boxes are used by front-4897line personnel to contain suspected illicit narcotics during4898presumptive field testing and when leakage is observed. In addition,4899CBP locations are equipped with spill containment materials and4900maintain established protocols to respond to hazardous material4901incidents.4902    Question 4b. How many CBP personnel currently have access to4903containment devices designed to prevent secondary exposure to fentanyl4904and other synthetic opioids?4905    Answer. CBP officers and agents are provided personal protective4906equipment and are trained in handling unknown and potentially harmful4907substances, as well as in the use of naloxone.4908    CBP deployed N95 respirators, disposable gloves, Tyvek sleeves and4909suits, and eye protection for handling suspected fentanyl and over491011,000 doses of naloxone as a medical countermeasure. CBP also employs4911approximately 350 self-contained glove boxes with replaceable gloves to4912contain suspected illicit narcotics when sampled for presumptive field4913testing and when leakage is observed. Additionally, CBP locations are4914equipped with spill containment devices and have response protocols for4915various hazardous spills.4916    Laboratories and Scientific Services (LSS) functions as the4917scientific, technical, and forensic division within CBP. LSS oversees 74918field laboratories and 22 forward-operating laboratories and joint4919forensics centers, providing analysis by LSS forensic chemists and4920reducing risk of exposure to CBP officers. LSS forensic chemists and4921CBP officers each have access to protective equipment such as HEPA +4922Activated Carbon fume hoods, which ventilate a working area to lessen4923any chance of exposure.4924    Air and Marine Operations crew members transporting fentanyl or4925fentanyl precursors are provided containment devices to limit to risk4926to crew members.4927    All CBP Office of Field Operations (OFO) personnel have access to4928the personal protective equipment outlined in this response to protect4929against exposure to fentanyl and other synthetic opioids.4930    U.S. Border Patrol (USBP) agents are provided Naloxone and are4931trained in the administration of Naloxone, in case of exposure.4932Furthermore, all USBP emergency medical technicians carry doses of4933Naloxone in their medical kits.4934    Question 4c. If additional steps are required to ensure the4935availability of containment devices for all CBP personnel at risk of4936accidental exposure to synthetic opioids, please provide a list of4937those additional steps and estimated time lines for their completion.4938    Answer. At this time, no additional deployment of containment4939devices is needed. CBP will continue to prioritize workforce protection4940through provision of personal protective equipment and medical4941countermeasures along with workforce training.4942       Questions From Honorable Tony Gonzales for Rodney S. Scott4943    Question 1a. Commissioner Scott, as you may be aware, in the4944previous administration the General Services Administration in4945cooperation with CBP, and the International Boundary Water Commission4946announced its Record of Decision for the proposed modernization of the4947Bridge of the Americas (BOTA) Land Point of Entry in El Paso, Texas,4948which include the elimination of all commercial cargo operations. BOTA4949is a critical gateway for cross-border trade and contributes to4950demonstrable employment on both sides of the border, and West Texas4951constituents have raised significant concerns with the potential4952negative impacts to economic growth across the El Paso region.4953    What is the current status of the BOTA LPOE modernization project?4954    Answer. The Bridge of the Americas Land Port of Entry (LPOE)4955Modernization Project is in the acquisition phase.4956    General Services Administration (GSA) will award as a Design/Build4957contract, to include new non-commercial primary vehicle lanes, main4958building, outbound inspection facility, kennel building, and narcotics4959vault. The design will align to the 2023 CBP LPOE Design Standards.4960    The current total project cost estimate range is $474 million-$5794961million. GSA approved the Project Labor Agreement exception on November496217, 2025, to allow GSA to solicit without this requirement. There will4963be minor land acquisition (4.4 acres). The due diligence package, to4964include title examination services, environmental site assessment, and4965American Land Title Association/National Society of Professional4966Surveyors, was awarded February 19, 2026. Site acquisition is scheduled4967for completion in December 2026. Phase 2 of the design/build4968acquisition process, wherein short-listed firms submit concept designs4969with technical and price proposals (or best and final offers), will4970begin in June 2026. Contract award slated to follow in January 2027.4971    Question 1b. Under your leadership, has CBP had the opportunity to4972engage in the review and re-evaluation of this modernization project?4973If not, can I get your commitment to review the merits of this project4974to ensure that stakeholder input is considered and that a final4975solution appropriately balances infrastructure modernization with4976maintaining if not bolstering economic opportunity?4977    Answer. CBP is fully engaged in on-going reviews and refinement of4978this modernization project to ensure it aligns with current operational4979needs and the broader regional economic context, working closely with4980GSA, partner agencies, local stakeholders, and the trade and travel4981communities to validate assumptions and incorporate feedback.4982    This modernization will allow significant specialization and4983enhanced national and border security. It will reduce the commercial4984footprint, thereby creating more specialized administrative space,4985while enabling higher Non-Intrusive Inspection scan rates for4986commercial vehicles at designated Multi-Energy Portal-equipped ports4987such as Ysleta, Santa Teresa, and Marcelino Serna/Tornillo.4988Concurrently, the expansion of passenger vehicle lanes from 14 to up to498935, coupled with substantial Low Energy Portal coverage, strengthens4990enforcement and national security for travelers. Economically, this4991project is expected to produce a positive impact on local, regional,4992and national economies, including job growth, by enhancing throughput4993and reducing wait times. This in turn will encourage increased visitor4994spending from Mexico, which currently contributes over $2 billion4995annually to El Paso's economy. Commercial traffic will be effectively4996redirected to other El Paso area LPOEs, including Ysleta, Tornillo4997(Marcelino Serna), and Santa Teresa, all of which have the capacity to4998absorb displaced volume.4999    CBP is cooperative partner with GSA throughout the National5000Environmental Policy Act process, with stakeholder and community5001engagement commencing in November 2022 and continuing through 2025 to5002address concerns about traffic, environmental, and health impacts. CBP,5003in collaboration with GSA, also responded to community input during the5004development, review, and approval of the Environmental Impact5005Statement. CBP remains committed to the continued review and assessment5006of project merits, considering stakeholder input through formal5007coordination and outreach, with the ultimate goal of delivering a final5008solution that modernizes critical infrastructure, enhances security and5009processing efficiency, and strengthens economic opportunity for the5010region.5011    Question 2a. Commissioner Scott, the Working Families Tax Cuts Act5012provided significant funding to secure our Nation's borders whether5013it's building additional physical barriers or modernizing our border5014infrastructure. It is critical we stay on track to ensure our Border5015Patrol Agents have the tools available and necessary to keep borders5016secure and communities safe.5017    Of the funds appropriated for autonomous surveillance, what5018percentage remains unobligated, and what is the anticipated time line5019for full deployment?5020    Answer. Of the $1.297 billion allocated for Integrated Surveillance5021Towers in the Working Families Tax Cut Act, 61 percent remains5022unobligated, with a current unobligated balance of $796.2 million. The5023CBP Integrated Surveillance Towers program anticipates full deployment5024of all 550 towers by the 4th quarter of fiscal year 2028.5025    Question 2b. What metrics are being used to track the ``time-to-5026field'' for programs like the Consolidated Tower and Surveillance5027Equipment systems?5028    Answer. The Consolidated Tower and Surveillance Equipment program5029is tracked using contract milestone completion dates, delivery5030schedules, and deployment readiness assessments. These metrics5031collectively ensure timely progress from contract award to operational5032deployment. The same metrics are used for all vendors.5033         Question From Honorable Brad Knott for Rodney S. Scott5034    Question. Customs fraud undermines American manufacturers and5035creates a significant revenue loss for the United States. I have heard5036from companies throughout North Carolina that have successfully5037challenged unfair trading practices of Chinese companies, only to then5038face a complex scheme of shell exporters and importers designed to5039evade the proper AD and CVD duties.5040    Commissioner Scott, how successful has Customs been in collecting5041the duties owed after successful EAPA petitions? In particular, can you5042shed any light on the successes and challenges of cases involving cast5043iron soil pipe and fittings?5044    Answer. Customs fraud, particularly through the evasion of5045Antidumping (AD) and Countervailing Duties (CVD), poses a significant5046threat to American manufacturers by undermining fair competition and5047causing substantial revenue loss for the United States. The Enforce and5048Protect Act (EAPA), enacted in February 2016, provides CBP with5049enhanced tools to investigate and combat these evasion schemes.5050Effectiveness of EAPA Investigations5051    AD/CVD collection is notoriously difficult due to the U.S.5052Government's retrospective system where final duties are often5053calculated years after importation, resulting in massive, unexpected5054bills that insolvent or shell importers avoid paying. Evasion tactics5055like transshipment, misclassification, and fraud, combined with5056inadequate, low-value bonding, are some of the toughest problem sets5057for CBP.5058    Despite these challenges, CBP's EAPA investigations is successful5059at not only disrupting illegal transshipment schemes immediately but5060also collecting duties owed to the U.S. Government. Since 2016, CBP5061initiated over 520 investigations and identified more than $2.2 billion5062in duties owed to the U.S. Government. CBP's investigative time line,5063which includes the imposition of interim measures on current and future5064entries subject to higher AD/CVD rates, enables the U.S. Government to5065take immediate measures to combat illegal transshipment schemes.5066    CBP acknowledges the inherent difficulties in investigating5067individual importers, especially when faced with sophisticated evasion5068schemes involving shell companies. To combat this, EAPA investigates5069consignees and related companies, not just the named importer of5070record. Furthermore, personnel from CBP's Centers of Excellence and5071Expertise, such as Import Specialists who specialize in classification,5072valuation, compliance, and enforcement, play a crucial role by5073leveraging CBP's enforcement authorities outside of EAPA to act against5074additional importers identified during investigations that are involved5075in evasion schemes.5076Cases Involving Cast Iron Soil Pipe and Fittings5077    The U.S. cast iron soil pipe and pipe fittings industry has been a5078particular target of unfair trade practices and subsequent evasion5079schemes. In 2017 and 2018, the Cast Iron Soil Pipe Institute5080successfully filed AD/CVD petitions against Chinese imports of cast5081iron soil pipe fittings and cast iron soil pipe, respectively. CBP5082actively investigated these evasion schemes through the EAPA and its5083other authorities. CBP took enforcement actions in such cases,5084requiring payment of AD/CVD duties and cash deposits, and evaluating5085continuous bonds. CBP remains committed to using all available5086enforcement tools to protect this vital U.S. industry from the harm5087caused by these evasion schemes.5088  Questions From Ranking Member Bennie G. Thompson for Rodney S. Scott5089    Question 1. Commissioner Scott, will you commit to not deploying5090any CBP personnel inside or in the immediate vicinity of a polling5091place during voting in a general or special election?5092    Answer. While there are currently no plans to place law enforcement5093personnel at polling places during elections, CBP will continue to5094conduct enforcement operations consistent with law and existing DHS and5095CBP policies.5096    Question 2. Commissioner Scott, CBP, including U.S. Border Patrol,5097has been involved in some of the most aggressive and even deadly5098immigration enforcement actions in the interior of the United States.5099In fact, a CBP officer and Border Patrol agent were involved in the5100deadly shooting of Alex Pretti in Minneapolis.5101    Following the killing of Mr. Pretti, what immediate changes, if5102any, did you make to interior enforcement protocols for CBP agents and5103officers?5104    Answer. USBP enforces Federal law and agents are trained to operate5105within the CBP Use of Force Policy. CBP employees follow the policies5106and procedures related to a critical incident such as how to respond5107before, during, and after an officer-involved shooting. The number of5108USBP personnel assigned to interior enforcement in that region was5109eventually reduced, those decisions were not solely nor directly5110related to the shooting of Alex Pretti.5111    Question 3a. Commissioner Scott, there have been reports of5112hundreds of United States citizens being arrested or detained during5113immigration enforcement efforts.5114    What procedures does CBP take when someone claims to be a United5115States citizen?5116    Answer. This answer varies depending on the environment.5117    Minus articulable facts that lead to reasonable suspicion that an5118individual is committing a crime by making a false claim to U.S.5119Citizenship, supported claims of U.S. Citizenship are generally5120accepted.5121    When arriving from outside of the United States, CBP officers5122follow procedures outlined in 8 CFR 235.1(b). CBP reviews travel5123documents provided at the time of the inspection, collects biometrics5124and biographical information, and utilizes U.S. Government databases to5125confirm a subject's identity and determine if an extraditable warrant5126exists.5127    Question 3b. What training do officers get about how to ensure they5128are not arresting or detaining citizens?5129    Answer. CBP officers and agents enforce Federal laws and receive5130training on the 4th Amendment. Under these laws, officers and agent5131retain the authority to arrest United States citizens for violation of5132Federal law in certain situations. The development of reasonable5133suspicion and probable cause is used to determine courses of action5134throughout the targeting, encountering, and detention process for a5135reasonable amount of time for investigative purposes.5136    CBP agents and officers are trained to arrest individuals that are5137violating laws that CBP has the authority to enforce. This applies5138regardless of citizenship. OFO has the authority to inspect all5139individuals seeking entry into the United States, including U.S.5140citizens. Routine questioning and examination at a port of entry are5141part of the inspection process and do not, by themselves, constitute a5142detention or arrest.5143    Question 3c. Where does CBP maintain data about citizen arrests and5144detentions? How many U.S. citizens has CBP arrested or detained?5145    Answer. CBP maintains all arrest data within official systems of5146record. CBP publicly posts arrest data to include the arrest of U.S.5147citizens on CBP.gov monthly.5148    Question 3d. Does CBP maintain data on investigative stops of U.S.5149citizens? If so, where is that data being maintained? How many U.S.5150citizens have been stopped?5151    Answer. CBP does not maintain a separate, stand-alone database5152specifically dedicated to ``investigative stops of U.S. citizens.''5153    Question 4a. Commissioner Scott, according to media reports, DHS is5154using a new mobile facial recognition technology called Mobile Fortify5155to identify individuals encountered at the border or during enforcement5156operations.\2\5157---------------------------------------------------------------------------5158    \2\ For example, see Public Broadcasting Service, Department of5159Homeland Security Intensifies Surveillance in Immigration Raids,5160Sweeping Citizens (Jan. 30, 2026), https://www.pbs.org/newshour/5161politics/department-of-homeland-security-intensifies-surveillance-in-5162immigration-raids-sweeping-in-citizens.5163---------------------------------------------------------------------------5164    To what extent is CBP using the facial recognition app known as5165Mobile Fortify outside of ports of entries? Please describe those5166scenarios.5167    Answer. Mobile Fortify is used exclusively outside of ports of5168entry (POE). It is not used when someone presents at a POE.5169    The Mobile Fortify Application is used by CBP for interior5170enforcement on individuals present in the United States who are: (1)5171subject to an investigatory detention based on reasonable suspicion of5172being unlawfully present in the United States, (2) have been arrested5173based on probable cause of an immigration violation, or (3) who provide5174consent to perform facial recognition.5175    Question 4b. If CBP is using Mobile Fortify outside of ports of5176entries to conduct biometric searches, are there Constitutional5177restraints in place on such searches of U.S. citizens and those5178exercising their first amendment rights?5179    Answer. DHS does not profile, target, or discriminate against any5180individual for exercising his or her First Amendment rights. Under the5181Privacy Act of 1974, all DHS personnel are prohibited from maintaining5182records that describe how a U.S. citizen or alien lawfully admitted for5183permanent residence exercises his or her First Amendment rights, unless5184expressly authorized by statute or by the individual about whom the5185record is maintained; or unless pertinent to and within the scope of an5186authorized criminal, civil, or administrative law enforcement activity.5187    i. What is the approval process CBP personnel must follow required5188        before conducting a biometric search using the Mobile Fortify5189        application outside of a port of entry?5190    Answer. CBP personnel do not need approval to utilize this5191application in the lawful performance of their official duties and5192immigration inspections. Before gaining access to Mobile Fortify, CBP5193users are required to complete a facial recognition training named5194Facial Analysis and Comparison Essentials. The training covers current5195DHS and CBP policies governing the use of facial recognition5196technologies and reiterates privacy and civil rights and civil5197liberties concerns about using facial recognition technologies. DHS and5198CBP do not use facial recognition technologies to profile, target, or5199discriminate against any individual solely for exercising their5200Constitutional rights or to enable systemic, indiscriminate, or wide-5201scale monitoring, surveillance, or tracking.5202    ii. What is the process CBP personnel must follow to review and5203        verify potential matches after completing a biometric search5204        using the Mobile Fortify application?5205    Answer. After completing a biometric search using the Mobile5206Fortify application, CBP personnel treat any potential match as an5207investigative lead and follow a multi-step verification process:5208   Review of the potential match.--The officer/agent reviews5209        the Mobile Fortify hit, including the photograph and associated5210        biographic information, and conducts a side-by-side visual5211        comparison with the individual.5212   Interview and document check.--The officer/agent interviews5213        the individual to confirm identity and citizenship and requests5214        any available identification. The officer/agent compares the5215        individual's responses and any documents to the information5216        contained in the record associated with the potential match.5217   Use of facial recognition as supporting evidence.--If no5218        identification is available but the individual closely5219        resembles the target and the Mobile Fortify facial recognition5220        result indicates a strong match, that result is treated as5221        additional support for probable cause that the individual is5222        the identified target.5223   Fingerprinting for confirmation.--The individual is5224        fingerprinted to definitively confirm or rule out the match.5225   Release if not the target/U.S. citizen.--At any point, if5226        available biometric and biographic information indicates that5227        the individual is not the target and/or is a U.S. citizen, the5228        individual is released.5229    iii. If the Mobile Fortify application returns a match that5230        conflicts with a person's government-issued identification or5231        documentation, what procedures must CBP follow to determine the5232        person's identity?5233    Answer. When the Mobile Fortify application returns a potential5234match that conflicts with a person's Government-issued identification5235or documentation, officers treat the result as an investigative lead5236and follow a structured verification process:5237   Initial review of discrepancy.--The officer compares the5238        Mobile Fortify return (photo, biographic data, and any5239        associated records) against the person's presented5240        identification and stated biographical information to identify5241        what specifically conflicts (e.g., name, date of birth,5242        photograph).5243   Interview and document examination.--The officer conducts a5244        focused interview to clarify the discrepancy and examines all5245        available documents for authenticity and consistency (e.g.,5246        physical security features, issuance date, expiration, and any5247        indications of alteration).5248   Database checks.--The officer runs additional queries in5249        appropriate CBP and other Government systems of record to5250        corroborate the identity associated with the presented5251        identification and to verify whether the Mobile Fortify match5252        corresponds to a different known individual.5253   Use of biometrics as confirmation:5254     If questions remain after interview and document checks,5255            the officer uses biometric verification--primarily5256            fingerprint collection and matching--to definitively5257            confirm or rule out the Mobile Fortify match.5258   Supervisory review and final determination.--The officer5259        consults with a supervisor as needed and uses the combined5260        results of document examination, system checks, and biometric5261        verification to determine the person's true identity. If the5262        evidence indicates that the individual is not the person5263        associated with the Mobile Fortify hit and is a U.S. citizen or5264        otherwise lawfully identified, the individual is released.5265    Question 4c. Has CBP provided access to Mobile Fortify to any5266agencies in addition to ICE at the local, State, or Federal level?5267    Answer. No.5268    Question 5a. In a memo dated May 12, 2025, Mr. Lyons instructed ICE5269officers that they may enter residences without a judicial warrant to5270conduct civil immigration arrests. The Fourth Amendment has long been5271understood to require law enforcement to obtain a judicial warrant to5272enter a home, absent an emergency or consent.5273    Are CBP personnel similarly being permitted to enter residences5274without a judicial warrant to conduct civil immigration arrests?5275    Answer. In line with long-standing policy, DHS does not comment on5276pending litigation.5277    Question 5b. If so, what criteria, if any, must be met before CBP5278personnel may enter a home without a judicial warrant or permission to5279enter?5280    Answer. In line with long-standing policy, DHS does not comment on5281pending litigation.5282    Question 5c. May force be used to enter homes without judicial5283warrants? If so, what are the limits on the type and amount of force5284that can be used? What are the consequences for CBP personnel who5285violate those limits?5286    Answer. In line with long-standing policy, DHS does not comment on5287pending litigation.5288    Question 6a. Commissioner Scott, journalists report that U.S.5289citizens who criticize immigration raids have been receiving letters5290notifying them that their Global Entry and Transportation Security5291Administration travel privileges have been revoked.5292    How many individuals who criticized immigration enforcement5293activities or participated in protests had their trusted traveler5294program status revoked?5295    Answer. CBP does not deny or revoke Global Entry, or any other5296Trusted Traveler Program membership simply because an individual5297exercises their First Amendment rights.5298    CBP is reviewing alleged cases of U.S. citizens and lawful5299permanent residents whose Global Entry or Trusted Traveler Program5300benefits were revoked due to participation in First Amendment5301activities. Each case is being reviewed by the CBP Ombudsman to5302determine if the individual circumstances of each case warrant a5303sustained revocation or membership reinstatement, in accordance with5304program eligibility requirements detailed in 8 CFR  235.12(b).5305    Question 6b. What is CBP's policy on this?5306    Answer. CBP's policy regarding Global Entry program eligibility and5307revocations remains unchanged. Pursuant to 8 CFR  235.12(b)(2), Global5308Entry membership can be denied or revoked for reasons such as pending5309criminal charges and outstanding warrants; violation of customs,5310immigration, or agriculture regulations; or inability to satisfy CBP of5311low-risk status.5312    If individuals feel their Global Entry membership was denied or5313revoked in error or based on inaccurate information, they may seek5314reconsideration through the CBP Ombudsman via their Trusted Traveler5315Program account.5316    Question 7a. Commissioner Scott, it is my understanding that the5317``commander-at-large'' role was created specifically for Gregory Bovino5318and does not appear in CBP's formal organizational structure.5319    Who authorized the creation of this role?5320    Answer. Operations may commonly require various employees to5321perform duties that correspond with cascading leadership roles that are5322required to meet emerging operational requirements, such as those which5323arose during a nationally-scoped Operation like At Large.5324    Question 7b. While Gregory Bovino fulfilled this role, who did he5325report to?5326    Answer. He reported to his chain of command, which includes the5327Department of Homeland Security and the subordinate component and sub-5328component chains of command.5329    Question 7c. Gregory Bovino still operates an X account with the5330commander-at-large title. Does he still possess that title? What role5331does he currently fulfill within CBP?5332    Answer. Gregory Bovino was the Chief Patrol Agent of the El Centro5333Sector until his retirement in March 2026.5334    Question 8a. Commissioner Scott, the unnecessary separation of5335children from parents or legal guardians results in long-term trauma to5336children and renders them more vulnerable to trafficking and5337exploitation. Today, separations are being carried out by agents all5338around the country, leaving children at home without caretakers, or5339placed in the custody of the Office of Refugee Resettlement (ORR) or5340State foster care systems.5341    What procedures are in place to document any instances of family5342separation and the basis for those separations, including separations5343that occur in the interior of the United States?5344    Answer. For separations that occur at the border, CBP complies with5345the Ms. L v. ICE settlement agreement. In the limited circumstances in5346which a family separation is warranted, the separation is documented in5347CBP systems of records. Unless a document contains national security5348information or other sensitive information prohibited from disclosure5349by law, all documents supporting the separation will also be included5350in the A-Files of both the parent or legal guardian and child.5351    Question 8b. How can a parent challenge a separation if they5352believe it was unlawful?5353    Answer. Parents and legal guardians are made aware of their child's5354location and the general reason for the separation. They are also5355provided information about the process for submitting additional5356information to the Government regarding their case. The intent is to5357eventually re-unify the family unit once the reason for the separation5358has ended.5359    Question 8c. Since January 2025, how many children has CBP5360transferred to ORR custody?53615362------------------------------------------------------------------------5363                                                           Unaccompanied5364                                                          Alien Children5365                        Component                           January 20,5366                                                           2025-February5367                                                             10, 20265368------------------------------------------------------------------------5369OFO.....................................................             3555370USBP....................................................           4,7345371                                                         ---------------5372      Total.............................................           5,0895373------------------------------------------------------------------------53745375    Question 8d. Please describe the procedures in place to document5376any instances of family separations resulting from enforcement actions5377conducted in the interior of the United States.5378    Answer. CBP follows the procedures outlined above.5379    Question 8e. Please describe practices and procedures, including5380sharing and relevant written guidance, for parents in CBP custody to5381coordinate care for their children.5382    Answer. CBP policy provides that, if a parent or legal guardian is5383separated from their child, they are advised orally of the separation.5384Additionally, they are provided with information about the reason for5385the separation, information about how to contact their child(ren)5386following the separation, and information about the separation process5387is explained to them in a language they understand.5388    CBP policy provides that, when referring a child to the U.S.5389Department of Health and Human Services' Office of Refugee Resettlement5390(ORR), CBP shares the following information with ORR, to the extent5391legally permissible: the fact that the child was separated from their5392parent or legal guardian; the parent's or legal guardian's location and5393contact information, if known; the reason for the separation, including5394facts specific to the individual parent or legal guardian at a level of5395detail that does not disclose national security or other sensitive5396information; any known or reported information regarding special needs5397of the child; and any information regarding the parent or legal5398guardian that might assist with reunification.5399    CBP policy provides that, if a parent or legal guardian is5400transferred to the custody of the U.S. Marshals Service, CBP shares the5401fact that the child was separated from their parent or legal guardian;5402the reason for the separation; and location of the separated child's5403ORR placement (if known).5404    CBP policy provides that, if a parent or legal guardian is5405transferred to the custody of a State or local agency, CBP informs the5406State or local entity that the parent or legal guardian was separated5407from their child and, if the child has been referred to ORR and the5408information is known at the time of referral, information on how the5409parent or legal guardian may contact their child.5410     Questions From Honorable Delia C. Ramirez for Rodney S. Scott5411    Question 1a. CBP is proposing to require social media information,5412in addition to other information, on ESTA applications. OIRA rejected a5413similar, though in certain ways less sweeping, DHS proposal a few years5414ago. It said that, ``[s]hould the agency desire to submit a similar5415proposal in the future, it must demonstrate the practical utility of5416collecting it and demonstrate that such utility outweighs the costs--5417both monetary and social--of doing so.''5418    What new evidence, if any, has CBP submitted to demonstrate the5419practical utility of collecting social media information on ESTA5420applications?5421    Answer. This proposal is being made to comply with an Executive5422Order (14161) that requires that any alien seeking a visa or other5423immigration benefit be held to a uniform standard for screening and5424vetting. The U.S. Department of State has required most visa applicants5425to provide social media information since May 2019; this change would5426bring Visa Waiver Program applicants up to the standards of screening5427and vetting that are already required of visa applicants.5428    Question 1b. Given the significant monetary and social costs--5429including but not limited to the collection's dramatic chilling effect5430on on-line speech and association, and its significant deterrent effect5431on travel to the United States--how will CBP demonstrate that the5432practical utility of this collection outweighs those costs?5433    Answer. The purpose of the Electronic System for Travel5434Authorization is to add an additional layer of security allowing DHS to5435determine, in advance of travel, whether an individual is eligible to5436travel to the United States under the Visa Waiver Program, and whether5437such travel poses a law enforcement or security risk. To accomplish5438this purpose, Congress authorized DHS ``to collect such biographical5439and other information as the Secretary of Homeland Security determines5440necessary.'' 8 U.S.C.   1187(h)(3)(A) (emphasis added). Social media5441helps differentiate individuals of concern from legitimate travelers5442and can provide positive, confirmatory information to verify an5443applicant's identity and intentions. It can also be used to identify5444potential deception, fraud, or previously unidentified national5445security or law enforcement concerns.5446    Question 2. A $2 million contract between the U.S. branch of the5447Israeli spyware vendor Paragon Solutions and the cyber division of U.S.5448Homeland Security Investigations was quietly reenabled in September54492025 after having been put on a stop work order pending review. Spyware5450like Paragon's Graphite poses a profound threat to free speech and5451privacy. It has already been used against journalists, human rights5452advocates, and political dissidents around the world. Publicly-5453available information indicates that the Paragon contract at issue is5454with ICE.5455    Are there any other agreements, formal or informal, between Paragon5456and the CBP, or between the CBP and any other purveyors of commercial5457spyware?5458    Answer. CBP is not leveraging any commercial spyware and CBP does5459not have an agreement, neither formally nor informally, to use Paragon5460software.5461    Question 3. Please describe in detail the training that ICE and CBP5462officers receive on how to respond to protesters.5463    Answer. Beginning in fiscal year 2026, all CBP Officer Basic5464Training graduates receive 24 hours of Mobile Field Force Level II5465training under the CBP Mobile Field Force Training Program. This5466training includes topics specific to crowd management such as legal5467authorities, tactics/techniques for managing crowds, and equipment such5468as shields and gas masks.5469    The Border Patrol Academy Basic Course curriculum includes a lesson5470on Crowd Control. The terminal performance objective is as follows:5471``Given an operational environment and limited resources, PERFORM crowd5472control duties, in accordance with the CBP Use of Force Policy Handbook5473and within the Constitutional limitations of government, specifically5474the First Amendment regarding freedom of assembly.'' In addition,5475``Applied Authority'' (Office of Chief Counsel (OCC)) curriculum5476includes First Amendment, Prison Rape Elimination Act, and Crimes.5477    Question 4. Please describe in detail the training ICE and CBP5478officers receive on the rights of members of the press who are5479reporting on ICE/CBP activities.5480    Answer. All CBP Officer Basic Training graduates receive in-depth5481training on the 1st and 4th Amendments to the Constitution from OCC. To5482renew awareness/knowledge of 1st and 4th Amendments, Border Patrol5483Agents undergo mandatory annual refresher courses conducted by the OCC.5484    Question 5. Please describe in detail the training ICE and CBP5485officers receive on the rights of observers, and people recording their5486activities.5487    Answer. Please see previous answer.5488    Question 6. Do you agree that the right to record law enforcement5489activity is a Constitutionally-protected first amendment right?5490    Answer. CBP recognizes people in public places have the right to5491record public officials performing official duties in a public setting.5492   Questions From Honorable Pablo Jose Hernandez for Rodney S. Scott5493    Question 1. I share my colleagues' frustration and outrage that5494this is the first time we have had ICE and CBP in front of this5495committee. The Trump administration said they were going after5496criminals, but that is not the reality on the ground. We have seen ICE5497and CBP target U.S. citizens, legal permanent residents, and5498individuals with lawful immigration status. They operate with complete5499disregard for people's legal status and their safety.5500    We also see ICE and CBP's constant illegal actions and abuses5501towards individuals with a severe lack of accountability for their5502harmful actions. Accountability is the foundation of justice.5503    Without accountability, crime worsens and trust in the system5504breaks down, and the trust in ICE and CBP is at all-time lows. People5505do not trust these agencies to keep them safe or do the right thing.5506    In my district, I've had constituents taken off the streets by CBP5507officers, forced onto planes, and carried thousands of miles away to5508detention facilities. CBP agents have violated their own policies by5509refusing to let my constituents in detention communicate with their5510lawyers.5511    Commissioner Scott, on May 29, 2025, my constituent, a domestic5512violence survivor with an approved self-petition under the Violence5513Against Women Act was abducted off the street and taken to an ICE5514detention facility in Texas.\3\ She had a pending application for5515adjustment of status. In order to find her location, I sent a letter,5516along with 17 other Members of Congress, to Mr. Lyons and Ms. Anda-5517Ybarra, requesting information about her whereabouts.\4\ Her lawyer5518didn't know, so she clearly hadn't been given the opportunity to5519contact her.5520---------------------------------------------------------------------------5521    \3\ https://www.metro.pr/noticias/2025/06/30/fue-como-una-5522pesadilla-aracelys-terrero-regresa-a-puerto-rico-tras-30-dias-detenida-5523en-estados-unidos/.5524    \4\ https://hernandez.house.gov/sites/evo-subsites/5525hernandez.house.gov/.les/evo-media-document/250611-letter-to-ice-re-5526aracelis-terrero-mota.pdf.5527---------------------------------------------------------------------------5528    Why did your agents target someone with an approved Violence5529Against Women Act petition and a pending adjustment of status?5530    Answer. USBP does not have sufficient information needed in this5531question, pertaining to this specific allegation, to provide a5532response.5533    Question 2. What is your policy about allowing individuals to5534contact lawyers or family in detention?5535    Answer. CBP follows Title 8, Code of Federal Regulations (8 CFR)5536Section 292.5(b), which states: ``Right to representation. Whenever an5537examination is provided for in this chapter, the person involved shall5538have the right to be represented by an attorney or representative who5539shall be permitted to examine or cross-examine such person and5540witnesses, to introduce evidence, to make objections which shall be5541stated succinctly and entered on the record, and to submit briefs.5542Provided that nothing in this paragraph shall be construed to provide5543any applicant for admission in either primary or secondary inspection5544the right to representation, unless the applicant for admission has5545been referred for become the focus of a criminal investigation, asylum5546screening, and/or judicial review/proceeding and has been taken into5547custody.''5548    Additionally, all juveniles are provided with the Form I-770, which5549advises juveniles of the right to make a phone call. Additionally, all5550aliens who are issued a Notice to Appear in immigration court are5551provided with a list of free legal service providers. All individuals5552may also contact the consulate of their home country if they desire.5553Additional phone access may be granted depending on operational5554feasibility.5555        Questions From Honorable Nellie Pou for Rodney S. Scott5556    Question 1a. Director Lyons and Commissioner Scott: Will ICE and5557CBP commit to pausing immigration enforcement operations at and around5558the World Cup and other FIFA-related fan events?5559    Question 1b. If no, please provide all guidance and information5560pertaining to ICE's intended immigration enforcement actions, including5561but not limited information regarding:5562    i. The number of ICE and CBP agents are expected to be present at5563        the World Cup and other FIFA-related fan events;5564    ii. The length of time ICE and CBP agents will be present at World5565        Cup matches and FIFA-related fan events;5566    iii. The locations ICE and CBP agents intend to patrol and conduct5567        enforcement activities (including answers on whether agents5568        will be performing enforcement on public transit such as New5569        Jersey Transit and the Port Authority Trans-Hudson Line);5570    iv. What training DHS is providing to ICE and CBP to conduct its5571        enforcement activities;5572    v. What guidance DHS has provided to ICE and CBP in how to conduct5573        its enforcement actions;5574    vi. Any and all coordination plans ICE and CBP are providing to5575        State and local law enforcement as it relates to immigration5576        enforcement activities; and5577    vii. Any and all guidance between ICE, CBP, and State and local law5578        enforcement when fans or players may be detained by ICE,5579        including processes to allow detained players or fans to inform5580        their legal counsel, team, or family members of their5581        detention.5582    Answer. While detailed security plans that may compromise our5583operations to keep people safe cannot be disclosed, both U.S.5584Immigration and Customs Enforcement (ICE) and CBP may have a presence5585at large-scale events and celebrations that are unrelated to5586immigration enforcement. During Special Event Assessment Rating events,5587such as the Super Bowl and/or FIFA World Cup, Federal law enforcement5588is typically involved to support overall security operations. These5589types of activities typically include:5590    CBP.--Provides assets including aviation security, video5591surveillance capabilities, and non-intrusive inspection of vehicles and5592cargo support. CBP officers will scan vehicles and cargo entering the5593stadium for contraband such as narcotics, weapons, and explosives. CBP5594plays a critical role in the fight against human trafficking and the5595disruption of counterfeit merchandise smuggling operations.5596    ICE.--Homeland Security Investigations (HSI) deploys task forces to5597identify and combat human trafficking, as well as intellectual property5598enforcement teams. CBP and HSI conduct operations targeting counterfeit5599vendors and merchants of game-related sportswear as part of a crackdown5600on intellectual property rights violations. These operations help5601ensure fans are receiving official, safe memorabilia.5602    International visitors who legally come to the United States for5603the FIFA World Cup have nothing to worry about. What makes someone a5604target for immigration enforcement is whether they are illegally in the5605United States.5606    Question 2. Director Lyons and Commissioner Scott, which law5607enforcement entities would have jurisdiction over individuals arrested5608or detained at World Cup and other FIFA-related fan events?5609    Answer. Jurisdiction over individuals arrested or detained at FIFA5610World Cup and other FIFA-related fan events depends on the nature of5611the offense and the location of the incident. Federal, State, and local5612law enforcement agencies may all have jurisdiction, either5613independently or jointly, depending on the circumstances:5614   Federal Law Enforcement.--If the offense involves Federal5615        statutes (such as terrorism or crimes crossing State lines),5616        Federal agencies such as DHS, the Federal Bureau of5617        Investigation, or other relevant entities may assume5618        jurisdiction.5619   State Law Enforcement.--State police or other State-level5620        agencies would have jurisdiction over violations of State laws5621        occurring within their respective States.5622   Local Law Enforcement.--Local police departments and5623        sheriffs' offices have primary jurisdiction over offenses5624        committed within their municipalities or counties.5625    Additionally, coordination among these agencies is common during5626large-scale international events like the FIFA World Cup to ensure5627public safety and effective law enforcement response.5628    Questions From Chairman Andrew R. Garbarino for Joseph B. Edlow5629    Question 1a. As you know, various U.S. industries utilize the H-1B5630visa program to hire for specialty occupations, which helps to bolster5631domestic competitiveness and innovation in cutting-edge fields such as5632health care. This past year, a new $100,000 fee was implemented for H-56331B visa applications.5634    What prompted the decision to implement this fee?5635    Answer. On September 19, 2025, President Trump signed Presidential5636Proclamation 10973, Restriction on Entry of Certain Nonimmigrant5637Workers (90 FR 46027 Sep. 24, 2025), requiring new H-1B petitions filed5638at or after 12:01 a.m. Eastern Daylight Time on September 21, 2025, to5639be accompanied by an additional $100,000 payment as a condition of5640eligibility.5641    Question 1b. Nearly 25 percent of practicing U.S. physicians are5642international medical graduates (IMGs).\5\ Health care employers5643especially rely on IMGs in medically underserved rural and urban areas,5644where 64 percent of these graduates provide care.\6\ Has USCIS studied5645the workforce impacts this fee change may have on these areas, and are5646you confident that patients will not see decreased access to care?5647---------------------------------------------------------------------------5648    \5\ U.S. Physician Workforce Data Dashboard, Ass'n Am. Med.5649Colleges, https://www.aamc.org/data-reports/report/us-physician-5650workforce-data-dashboard (last visited Feb. 12, 2026).5651    \6\ Malayala, S. et al., Medically underserved areas and5652International Medical Graduates (IMGs) in the United States: challenges5653during the COVID-19 era, J. Cmty. Hosp. Internal Med. Persp. 11(4) 457-5654463, doi: 10.1080/20009666.2021.1915548 (2021).5655---------------------------------------------------------------------------5656    Answer. U.S. Citizenship and Immigration Services (USCIS)5657implemented the program requirements in accordance with Presidential5658Proclamation 10973. USCIS continues to monitor relevant data and will5659assess impacts as more information becomes available; however, one-5660quarter of economic data is insufficient to draw conclusions on5661workforce impacts.5662    Question 1c. According to the Association of American Medical5663Colleges, the United States is currently facing a shortage of5664approximately 86,000 physicians within the next decade.\7\ Since this5665fee was implemented, various organizations in the health care field5666have sought exemptions to help address workforce shortages and resource5667strain across the country. Are there any plans to grant fee exemptions5668for applicants working in the health care sector to help address5669current workforce concerns? If not, why?5670---------------------------------------------------------------------------5671    \7\ Press release, Ass'n Am. Med. Colleges, New AAMC Report Shows5672Continuing Projected Physician Shortage (March 21, 2024), https://5673www.aamc.org/news/press-releases/new-aamc-report-shows-continuing-5674projected-physician-shortage.5675---------------------------------------------------------------------------5676    Answer. Section 1(c) of Proclamation 10973, Restriction on Entry of5677Certain Nonimmigrant Workers, grants the Secretary of Homeland Security5678the discretion to allow exceptions to the $100,000 payment in5679extraordinarily rare circumstances. Petitioning employers may seek an5680exception by sending their request and supporting evidence to5681H1BExceptions@hq.dhs.gov. The evidence must demonstrate that the alien5682worker's presence in the United States as an H-1B worker is in the5683national interest, that no American worker is available to fill the5684role, that the worker does not pose a threat to the security or welfare5685of the United States, and that requiring the petitioning employer to5686make the payment on the alien's behalf would significantly undermine5687the interests of the United States. Exceptions are reviewed on a case-5688by-case basis.5689       Questions From Honorable Tony Gonzales For Joseph B. Edlow5690    Question 1a. Director Edlow, the enforcement aspect of immigration5691law is critical but we cannot ignore or sideline the conversation5692around legal immigration and ensuring that processes to enter into the5693country legally are in place for the individuals that are doing it the5694right way.5695    Can you provide a brief breakdown of the processing times for the5696H-2A and H-2B visas, as well as other employment-based visas?5697    Answer. H-2A petitions are prioritized in their processing and5698adjudication. In fiscal year 2026 (through March 2), H-2A petitions for5699unnamed beneficiaries (generally requiring consular processing by5700workers outside the United States) had an average processing time of57010.3 months (effectively 9 days). This is without making any sort of5702exception for such petitions that can now be filed earlier under the5703U.S. Department of Homeland Security's (DHS) recent H-2A concurrent5704processing rule, according to which the petition may be filed but5705cannot be approved before the U.S. Department of Labor's approval of5706the underlying temporary labor certification. H-2A petitions for named5707beneficiaries (generally workers in the United States requesting an5708extension of stay or change of nonimmigrant status) have an average5709processing time of 1.2 months.5710    H-2B petitions have an average processing time of 3.5 months.5711However, this calculation excludes those petitions requesting USCIS'5712premium processing service, which is widely utilized by H-2B5713petitioners at a rate of approximately 95 percent. For these H-2B5714petitioners requesting premium processing, USCIS generally takes5715adjudicative action within 15 business days of the petition being5716filed. USCIS has provided a breakdown of the fiscal year 20265717processing times for all employment-based classifications requested on5718the Form I-129, Petition for a Nonimmigrant Worker, in Attachment A.5719    Question 1b. In your view, do you have the resources necessary to5720securely and efficiently process visa applications across all5721categories? What does your agency need to reduce backlogs and shorten5722wait times?5723    Answer. USCIS makes every effort to maintain staffing levels, where5724appropriate, including with our I-129 workforce. Our agency also5725continuously looks for ways to efficiently process the respective5726categories, such as recent centralization of intake and technical5727enhancements, including electronic processing and on-line filing.5728        Questions From Honorable Gabe Evans for Joseph B. Edlow5729    Question 1a. Director Edlow, I represent a district that is roughly573040 percent Hispanic and is home to strong, successful immigrants, and I5731am proud of the work my office does with USCIS to process casework for5732constituents going through various visa processes. Thank you for your5733agency's work to support legal immigration.5734    To ensure clear communication and open collaboration with USCIS on5735constituent cases moving forward, I have a few clarifying questions5736that I would be happy to meet with the appropriate staff to discuss:5737    There have been a few casework inquiries from my office that result5738        in USCIS closing the case or contacting the constituent5739        directly to solve the case without any notification to our5740        office first, or at all.5741    i. What policies does USCIS have in place to ensure Congressional5742            offices receive prompt updates on cases for which they have5743            inquired?5744    Answer. USCIS Congressional Liaisons are instructed to provide a5745meaningful response to Congressional inquiries within 30 days of5746receipt. In many cases, applicants and petitioners seek information and5747assistance through multiple routes, such as Congressional inquiries,5748Freedom of Information Act requests, and the USCIS Contact Center.5749While USCIS Congressional Liaisons do not contact applicants and5750petitioners directly, the Freedom of Information Act branch and Contact5751Center do, which may explain why your staff does not always receive5752notification from the USCIS Office of Legislative Affairs.5753    ii. Can we work together to improve this line of communication so5754            we can better serve our constituents?5755    Answer. The USCIS Office of Legislative Affairs conducts briefings5756for Congressional staff to introduce them to the Congressional inquiry5757process and the USCIS Congressional Web Portal. These briefings are5758usually offered virtually and include opportunities for questions and5759answers. Your staff can also contact a Congressional Lead in the local5760USCIS office to set up office visits or virtual meetings to establish5761or improve communication.5762    Question 1b. As you are well aware, processing times for certain5763visas can change a lot based on demand and capacity. Many constituents5764take note of the projected response time when they submit an5765application or form and only reach out to us for help with their case5766after the projected response time has passed. Unfortunately, by that5767point those time frames have typically grown even more.5768    i. Does USCIS consider the processing time frame for an application5769            to be the time frame given at the submission of the5770            application, or is it always in flux?5771    Answer. USCIS processing times shown on the website reflect the5772time it took to complete adjudication of 80 percent of a specific form5773type in a specific location over the past 6 months. These times are5774based on recent data and may change as cases are processed, so they are5775not fixed at the time of submission. Processing time is measured from5776the date USCIS receives an application to the date it is completed5777(approved or denied). For more details on processing times, visit:5778https://egov.uscis.gov/processing-times/more-info.5779    ii. When time lines are significantly extended, does USCIS notify5780            applicants?5781    Answer. Applicants can visit the Case Processing Times webpage and5782use the on-line tool to determine if they are eligible to inquire about5783their case, especially if it has been pending longer than the typical5784processing time.5785    iii. How can we ensure that the processing times for certain5786            applications, like Form I-131, are updated in a timely5787            manner on the USCIS website for public knowledge?5788    Answer. The processing times website is generally updated on a5789monthly basis.5790    Question 1c. Worker visas, through programs like H2A and H2B, are5791absolutely critical to the agricultural economy of Colorado's 8th5792District, which is home to one of the top agricultural production5793counties in the United States. As I often say, food security is5794national security, and we must ensure that our farmers have the utmost5795support to feed our communities. Folks from various sectors within this5796industry have expressed concerns with me over processing delays and5797unnecessary duplicate work between various Federal agencies, including5798USCIS.5799    Will you commit to working with farmers to more expeditiously5800process forms like the I-129 that are necessary for critical industries5801to complete their workforce needs?5802    Answer. USCIS makes every effort to expeditiously process H-2A5803petitions given the time-sensitive nature of agricultural work. As5804previously mentioned, USCIS will continue to explore avenues for5805efficiency to better address concerns with processing times, especially5806those impacted in the agricultural industries. USCIS has created an H-58072A mailbox for cases that have no receipt in 5 business days or cases5808that have been pending for 15 days or more. The mailbox address is5809uscis-h2a@uscis.dhs.gov. Employers seeking H-2B non-agricultural5810workers may request expedited processing by submitting a premium5811processing request to USCIS.5812       Question From Honorable Ryan Mackenzie for Joseph B. Edlow5813    Question. E-Verify is widely supported as a common-sense, conflict-5814free way to strengthen enforcement at the workplace rather than at the5815point of arrest.5816    What is USCIS doing right now to elevate E-Verify as a priority,5817expand participation, and ensure the system is accurate and workable5818for employers and workers alike?5819    Answer. USCIS is committed to making E-Verify a top priority,5820ensuring it is accurate and effective. Recent initiatives reflect on-5821going investment in technology, policy, and user support to strengthen5822employment verification and compliance.5823    Elevating E-Verify as a Priority:5824   USCIS launched E-Verify+ in April 2024, integrating Form I-95825        completion with E-Verify case creation in a fully electronic,5826        streamlined process. This innovation reduces administrative5827        burden, improves data accuracy, and empowers employees to enter5828        their own information, minimizing errors and enhancing privacy.5829        Early adopters report high satisfaction, with over 80 percent5830        of those surveyed indicating intent to continue using E-5831        Verify+.5832   USCIS is analyzing existing employment eligibility5833        verification rules and processes to determine if improvements5834        can be made to reduce fraud and increase confidence in the5835        process.5836    Expanding Participation:5837   E-Verify enrollment continues to rise, averaging 122,000 new5838        employers annually, with 136,000 new employers enrolling and 445839        million cases created in fiscal year 2025. E-Verify+5840        participation has grown rapidly, with more than 350,000 cases5841        created to date. User numbers have expanded to nearly 139,000.5842        USCIS is reaching out to employer agents and web service users,5843        who account for the majority of E-Verify cases, broadening5844        reach and usability.5845    Ensuring Accuracy and Workability:5846   E-Verify uses data integration with issuing source systems5847        to verify documents such as SSNs, driver's licenses, and5848        passports. This helps protect response integrity and reduce5849        fraud.5850   USCIS is enhancing fraud prevention through features like5851        increased SSN locking, which allows both individuals and USCIS5852        to ``lock'' and prevent the use of certain SSNs in E-Verify,5853        reducing fraud. With E-Verify+, USCIS anticipates additional5854        document and identity verification capabilities.5855   E-Verify+ employers report experiencing fewer data entry5856        errors and faster case resolution compared to E-Verify. As5857        additional employer users are added, they will gain these5858        benefits as they transition from E-Verify to E-Verify+.5859   USCIS supports users with tailored guidance, expanded on-5860        line resources, and on-going monitoring to address issues5861        efficiently.5862  Questions From Ranking Member Bennie G. Thompson for Joseph B. Edlow5863    Question 1. Mr. Edlow, will you commit to not deploying any USCIS5864personnel inside or in the immediate vicinity of a polling place during5865voting in a general or special election?5866    Answer. USCIS does not administer elections and the agency's5867primary mission is the administration and safeguarding of the Nation's5868lawful immigration system. USCIS staff conduct their duties in5869accordance with applicable laws and regulations. Any operational5870activities undertaken by USCIS would be based on authorized mission5871requirements and applicable legal authorities.5872    Question 2a. Mr. Edlow, under your leadership, USCIS has taken a5873series of actions to strip people of status that has already been5874granted to them. For example, you have instructed USCIS field offices5875to refer 100-200 denaturalization cases to DOJ each month.5876    How did you arrive at the 100-200 target?5877    Answer. USCIS, in coordination with the U.S. Department of Justice5878(DOJ), reviews cases where there is credible evidence that citizenship5879was obtained through fraud or misrepresentation. We will pursue5880denaturalization proceedings for any individuals who lied or5881misrepresented themselves during the naturalization process. We look5882forward to continuing to work with the DOJ to restore integrity to5883America's immigration system.5884    Question 2b. Are you reviewing all naturalization applications? Are5885there specific factors you are looking for?5886    Answer. As cases come to our attention, USCIS conducts a legal5887analysis de novo to. For pending naturalization cases, USCIS conducts a5888thorough review of the case to determine if all eligibility criteria5889are met.5890    Question 2c. Mr. Edlow, in Minnesota and Maine, Federal authorities5891detained refugees--people already vetted, admitted, and living lawfully5892in the United States--transported them to Texas, re-interviewed them,5893and then released them when they were again found eligible.5894    How many refugees were arrested in Minnesota? How many refugees5895were arrested in Maine?5896    Question 2d. How many were ultimately found to be ineligible?5897    Question 2e. How much did these operations cost taxpayers?5898    Question 2f. Do you know how much the released refugees had to pay5899out of their own pockets to fly home from Texas?5900    Answer. In line with long-standing policy, DHS will not comment on5901pending litigation.5902     Questions From Honorable Delia C. Ramirez for Joseph B. Edlow5903    Question 1. Pursuant to the December and January memos outline a5904pause on pending benefit applications for countries listed in5905Presidential Proclamation (PP) 10949 and Presidential Proclamation (PP)590610998 respectively. Can you provide a list of what specific benefit5907categories are paused as a result of these memos?5908    Answer. USCIS has determined it is operationally necessary to5909ensure that individuals from high-risk countries do not pose a threat5910to national security or public safety. Under DHS Delegation of5911Authority 0150.1, USCIS exercises its full authority to investigate5912immigration benefit requests from individuals who may present such5913risks.5914    The Policy Memoranda, ``Hold and Review of all Pending Asylum5915Applications and all USCIS Benefit Applications Filed by Aliens from5916High-Risk Countries'' (December 2, 2025), and ``Hold and Review of5917USCIS Benefit Applications Filed by Aliens from Additional High-Risk5918Countries'' (January 1, 2026), require holds on all pending Form I-589,5919Application for Asylum and for Withholding of Removal, and other5920benefit applications for individuals from countries identified in5921Presidential Proclamations 10949 and 10998, pending comprehensive5922review, regardless of entry date. In addition, USCIS is conducting a5923comprehensive re-review of approved benefit requests affected by5924Presidential Proclamations 10949 and 10998 that were approved on or5925after January 20, 2021, including approved Forms N-400, Application for5926Naturalization, pending an oath ceremony or withdrawn from an oath5927ceremony when the holds were put in place.5928    Exceptions to these adjudication holds are outlined in PM-602-01945929and include, with certain limitations:5930    1. Form I-90, Application to Replace Permanent Resident Card;5931    2. Form N-565, Application for Replacement Naturalization/5932        Citizenship Document;5933    3. Form N-600, Application for Certificate of Citizenship;5934    4. Form I-765, Application for Employment Authorization filed under5935        (c)(8), limited (c)(11), and limited (c)(14) categories;5936    5. Form I-910, Application for Civil Surgeon Designation (only for5937        U.S. citizen or national physicians);5938    6. Benefit requests filed by athletes, athletic team members,5939        coaches, necessary support personnel, and their immediate5940        relatives for participation in major sporting events (World5941        Cup, Olympics, etc.) as determined by the Secretary of State;5942    7. Benefit requests prioritized for law enforcement where ICE has5943        requested USCIS action to uphold public safety or national5944        security;5945    8. Benefit requests filed by aliens whose entry serves a U.S.5946        national interest;5947    9. Benefit requests and associated underlying benefits for programs5948        terminated or discontinued by Executive Order, Proclamation,5949        Federal Register notice, or Directive issued by the President,5950        Secretary of Homeland Security, or USCIS Director; and5951    10. Automatic termination decisions for ancillary or related5952        benefit requests when an alien is granted Lawful Permanent5953        Resident status or becomes a naturalized citizen.5954    For specific details and limitations on each exception, please5955refer to Attachment A.5956    In addition, USCIS established an internal process for lifting5957holds on individual or group cases, requiring comprehensive review by5958multiple offices. Exceptions are determined exclusively by USCIS either5959during the standard review of the benefit request or in response to5960litigation. Exceptions are granted only in limited circumstances. The596110 exceptions listed in PM-602-0194 are automatically applied by USCIS5962officers during adjudication of a case. As stated in the March 30,59632026, update, holds have been lifted for aliens vetted through5964Operation PARRIS, certain petitions filed by U.S. citizens,5965intercountry adoption forms, certain rescheduled oath ceremonies,5966statutory and regulatory decision issuance, refugee registrations for5967South African citizens/nationals, certain special immigrant visa5968petitions, certain employment authorization documents, asylum5969applications from non-high-risk countries, and applications associated5970with medical physicians. We continue to review all application types5971and lift holds for both individual and group cases as appropriate and5972will communicate any changes or updates to the process through official5973channels.5974    Question 2a. Reports indicate that at least 36 Salvadoran nationals5975were sent to the CECOT between March and April 2025. To date, only5976Kilmar Abrego Garcia has been returned to the United States; the rest5977are presumed to be in prison in El Salvador, if still alive. In several5978cases, family members were able to identify their loved ones through5979photos and flight logs and report they had no criminal history or5980outstanding arrest warrant in the United States or in El Salvador. In5981October and November 2024, the Inter-American Human Rights Commission5982issued precautionary measures for 4 individuals whom ICE reported as5983having been deported from the United States to El Salvador, but who5984could not be located in El Salvador. Media outlets in El Salvador later5985reported that the government of El Salvador told the Inter-American5986Human Rights Commission that they are in prison in El Salvador as a5987result of their initial detention by the United States Government.5988   Can ICE and USCIS confirm that all Salvadoran nationals sent5989        to the CECOT had final deportation orders to El Salvador and no5990        pending appeals or hearings before being put on the planes?5991    Answer. Throughout immigration proceedings, aliens maintain the5992right to pursue forms of relief as permitted by law. U.S. Immigration5993and Customs Enforcement (ICE) follows all legal requirements for aliens5994in their custody to ensure they are afforded appropriate process. USCIS5995completes screening interviews in accordance with statutory and5996regulatory requirements and applicable guidance upon receipt of a5997referral from ICE.5998    DHS takes its responsibility to protect the homeland against5999violent transnational criminal organizations such as MS-13 seriously.6000DHS will not allow gang members, cartel affiliates, or other dangerous6001aliens to exploit U.S. immigration laws or threaten our national6002security and communities.6003   Question 2b. Do any people remain incarcerated in El6004        Salvador under the terms of any agreement made between the U.S.6005        Government and the government of El Salvador?6006   Question 2c. If so, who and what is the legal basis for6007        their detention in El Salvador?6008    Answer. DHS defers to the U.S. Department of State regarding6009agreements between the United States and El Salvador. When an alien6010with a final order of removal from the United States is removed, the6011alien is no longer in DHS custody.6012                              Attachment A6013[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]60146015      Question From Chairman Andrew R. Garbarino for Todd M. Lyons6016    Question. Please provide the standard operating procedure for your6017agency for an investigation when deadly force is used.6018    Answer. It is U.S. Immigration and Customs Enforcement (ICE) policy6019to respond promptly to a use of deadly force incident. Pursuant to ICE6020Directive No. 1044.2, Response to and Evaluation of Critical Incidents6021Involving ICE Employees, Non-Employee Status Individuals, and Officers6022Acting Pursuant to ICE Authority (Mar. 3, 2023), ICE employees and6023other individuals required to immediately report any uses of deadly6024force to their supervisor when it is safe and possible to do so. ICE6025generally conducts its thorough fact-finding review of all such6026incidents following the completion of the Primary Outside Investigative6027Agency's criminal investigation and adjudication. The policy defines6028the ``Primary Outside Investigative Agency'' as the Federal, State,6029local, or Tribal authority outside of ICE principally charged with6030first response and/or investigative responsibility involving the6031event(s) related to a critical incident. ICE policy further dictates6032that the Office of Professional Responsibility (OPR) will have the6033right of first refusal in determining whether to conduct the fact-6034finding review. The ICE director, ICE deputy director, or the OPR6035associate director may direct an OPR-fact-finding review of any6036incident at their discretion. Further, the ICE Firearms and Use of6037Force Incident Review Committee will review all reported use of force6038incidents and enforcement-related officer safety issues, when needed,6039to determine if tactics, training, and policy were sufficient to6040address the incidents. See ICE Directive No. 19009.3, Firearms and Use6041of Force (May 26, 2023).6042        Questions From Honorable Tony Gonzales for Todd M. Lyons6043    Question 1a. Director Lyons, during the Biden administration I led6044a letter to DHS for information regarding ERO's docket and immigration6045detainers--in response to this letter, we learned some astounding6046numbers, including that there were more than 660,000 illegal aliens6047with criminal histories, and more than 430,000 convicted illegal6048criminals still on the docket. We also learned that during most of the6049Biden administration, sanctuary jurisdictions declining to honor6050immigration detainers accounted for approximately 95 percent of the6051detainers ICE lifted.*6052    How many immigration detainers have been declined since Jan. 2025?6053    Answer. Since January 20, 2025, and as of March 1, 2026, 19,7156054detainers have been lifted with the reasons Detainer Declined by Law6055Enforcement Agency, Early Release, and Insufficient Notice to ICE.6056    However, it is important to note that these numbers do not fully6057capture the scope of these jurisdictions being uncooperative. When6058uncooperative jurisdictions decline to honor an ICE detainer, they do6059not always inform ICE of their decision. Instead, in many cases the6060alien is simply released once other legal processes have concluded,6061with no notification to ICE. ICE often will not know a detainer has6062been declined until an alien is subsequently re-arrested, and/or the6063case undergoes substantial manual review to attempt to determine an6064alien's whereabouts. As a result, while ICE can provide the number of6065detainers in its system lifted by an officer in the field for reasons6066suggesting a detainer may have been declined, this is likely an6067undercount. Also, numbers alone do not tell the full story, as often6068release of a criminal alien into American communities has6069unquantifiable risk to public safety or national security.6070    Question 1b. What is the level of cooperation we are currently6071seeing from State and local jurisdictions with regard to ICE detainers?6072What are the implications for ICE operations with a lack of cooperation6073in honoring these detainers?6074    Answer. ICE recognizes the importance of its relationships with law6075enforcement partners to carry out its mission. However, due to many6076factors, some jurisdictions have decided to reduce their cooperation6077with ICE. Some jurisdictions have ceased to honor ICE detainer6078requests, even for aliens who have been convicted of serious crimes and6079who pose an on-going threat to public safety. This has had many6080negative impacts including requiring ICE officers to make arrests in6081less secure environments and increasing risks to the officer, as well6082as public safety or national security. This lack of cooperation also6083impacts ICE's limited resources, as the agency must increase its6084presence in the communities to apprehend aliens with serious criminal6085records who were released from local or State detention, instead of6086conducting a safe transfer of custody within the confines of a jail or6087correctional setting. This situation compromises the safety and welfare6088of the community, the alien, ICE officers, and State or local law6089enforcement personnel.6090         Questions From Honorable Gabe Evans for Todd M. Lyons6091    Question 1a. Director Lyons, I look forward to meeting soon to6092discuss the particular details about how ICE is planning and6093implementing warrantless searches of private residences to execute6094detainers. Along with my personal experience in local law enforcement,6095there are a few findings from previous Supreme Court cases that have6096led to me being unsatisfied with the internal ICE memo from May 12,60972025, that Federal personnel, civil or otherwise, can cross the6098threshold of a house without consent or a judicial search warrant to6099take enforcement action.6100    With only an administrative warrant, or Form I-205, to arrest and/6101or remove an illegal alien and in non-exigent situations:6102   Can ICE agents enter the residence of a suspected illegal6103        alien without consent to search for that individual?6104    Answer. In line with long-standing policy, the U.S. Department of6105Homeland Security (DHS) will not comment on pending litigation.6106   Can ICE agents enter the home of a U.S. citizen or a legal6107        resident without consent to search for a third-party illegal6108        alien?6109    Answer. In line with long-standing policy, DHS will not comment on6110pending litigation.6111    Question 1b. Does ICE track when administrative warrants alone are6112used to enter private residences without consent?6113    Answer. In line with long-standing policy, DHS will not comment on6114pending litigation.6115    Question 1c. How many times have Federal law enforcement officers6116used administrative warrants alone to extract an illegally present6117individual from a private residence without consent to enter in non-6118emergency situations?6119    Answer. In line with long-standing policy, DHS will not comment on6120pending litigation.6121    Question 2a. Director Lyons, in my testimony, I also referred to6122the dangers of sanctuary policies in the city of Denver and throughout6123the State of Colorado.6124    How many illegal immigrants in Colorado has ICE had to go into the6125community to re-arrest that were in State or local detection and could6126have been transferred to ICE, but were released pursuant to some form6127of Colorado's sanctuary laws?6128    Answer. ICE cannot provide the number of at-large re-arrests6129because of sanctuary policies. However, ICE can provide the number of6130at-large arrests. Between January 20, 2025 and June 4 2026, ICE6131arrested 4,670 aliens at-large in the State of Colorado.6132    Question 2b. Of the people in ICE detention, what percentage have a6133criminal history in another country that ICE can see, but that would6134likely escape a traditional media inquiry that can only access U.S.6135criminal history?6136    Answer. ICE can only provide the number of aliens in its custody6137with criminal history within the United States. Leveraging resources6138such as INTERPOL and the ICE Attache corps, ICE Enforcement and Removal6139Operations (ERO) develops investigative leads and locates foreign6140nationals wanted for crimes committed abroad who are now at-large in6141the United States. While ICE has some access to foreign criminal6142history information that would not be available through databases6143limited to U.S. criminal history, foreign criminal history information6144is accessed on a case-by-case basis, and the percentage of individuals6145in ICE detention with such foreign criminal histories is not readily6146available in aggregate form. DHS continues to enhance its information-6147sharing capabilities to improve the completeness and accuracy of6148criminal history data for those in ICE custody.6149    Question 3a. As a former police lieutenant, I know how important it6150is to have internal processes to ensure accountability and strengthen6151personal responsibility. I also know how dangerous it can be to work in6152law enforcement, especially when sensational media coverage inspires6153violent rhetoric.6154    Director Lyons, if someone in the public feels it necessary to file6155a complaint against a specific ICE agent for misconduct during6156enforcement actions, what comprehensive processes does ICE have for6157such claims and to address any misconduct?6158    Answer. As a law enforcement agency, ICE expects all employees to6159adhere to the highest standards of professional conduct and to6160demonstrate integrity and professionalism in all aspects of their work.6161ICE takes allegations regarding misconduct seriously, and ICE Office of6162Professional Responsibility (OPR) investigates incidents and takes6163appropriate action in circumstances where it is warranted.6164    Allegations of misconduct by ICE employees can be reported to the6165OPR. OPR promotes public trust and confidence by ensuring6166organizational integrity is maintained through a multi-layered approach6167using security, inspections, and investigations. Allegations of6168misconduct can be directed to OPR at 833-442-3677,6169ICEOPRIntake@ice.dhs.gov, or on-line at https://www.ice.gov/webform/6170opr-contact-form. Additionally, allegations of misconduct may also be6171reported to the DHS Office of Inspector General (OIG) at 800-323-86036172or by completing their on-line form at https//www.oig.dhs.gov/about/6173contact.6174    Question 3b. How can people identify the officer for a report in a6175way that doesn't put the personal details of officers at risk for6176doxxing--which we know is being perpetrated by ill-intentioned6177individuals, including cartel criminals?6178    Answer. When reporting misconduct to OPR or OIG, the reporting6179party should avoid including unnecessary Personally Identifiable6180Information about the employee. OPR recommends providing the employee's6181name and badge number and/or information about the incident, such as6182date, time, exact address or intersection, city, State, name of those6183involved (if known), etc.6184   Questions From Ranking Member Bennie G. Thompson for Todd M. Lyons6185    Question 1. Mr. Lyons, will you commit to not deploying any ICE6186personnel inside or in the immediate vicinity of a polling place during6187voting in a general or special election?6188    Answer. Generally, there is no reason for ICE officers and agents6189to be deployed to polling places. Please note however, ICE does6190investigate aliens who violate U.S. law, including where unlawful6191voting activity intersects with immigration, identity, or document6192fraud.6193    Question 2. Mr. Lyons, after the killing of Renee Good in6194Minneapolis by an ICE officer, what immediate changes did you make to6195interior enforcement protocols or guidance?6196    Answer. ICE takes every use of force by an agent or officer6197seriously and supports an independent criminal investigation of any6198deadly use of force. Separate from that investigation, by agency6199policy, OPR routinely conducts its own administrative review of the6200incident upon conclusion of the criminal investigation. This includes a6201Critical Incident Review, which documents the facts and circumstances6202of the shooting and examines any possible training or policy6203violations. If deficiencies in training or policy are identified, ICE6204will make appropriate changes.6205    Question 3a. Mr. Lyons, there have been reports that ICE agents are6206taking videos of bystanders, observers, and protesters, and potentially6207conducting real-time facial recognition on them. For instance, Jonathan6208Ross was recording Renee Good on his phone shortly before her death,6209and citizen videos have been released that show agents recording them6210and indicating that they will be identified and their names added to a6211database.6212    Why are agents taking videos of bystanders and protesters?6213    Answer. Within ICE, investigations and law enforcement actions are6214conducted based on violations, or the investigation into alleged or6215suspected violations, of specific statutes within ICE's investigative6216and enforcement authorities. ICE officers may document aspects of6217encounters to identify individuals reasonably believed to be involved6218in, or directly supporting potential violations of Federal law and to6219aid in potential investigations and prosecutions. If a bystander or6220protestor is not prosecuted after investigation, ICE follows6221established laws, regulations, and policies regarding the retention and6222destruction of records.6223    Question 3b. What does ICE do with those videos, where are the6224videos being maintained, and under what circumstances are they shared6225with the FBI, JTTFs, or HSTFs?6226    Answer. Videos recorded by ICE officers during law enforcement6227operations or around ICE facilities, including those involving6228protestors or bystanders, are maintained in accordance with Federal law6229enforcement records retention policies and ICE's internal guidelines.6230Videos may be reviewed for investigative, situational awareness, or6231officer safety purposes. Sharing such videos with other Federal6232agencies, including the Federal Bureau of Investigation (FBI), Joint6233Terrorism Task Forces, or Homeland Security Task Forces, occurs only6234when there is a valid law enforcement purpose, such as supporting on-6235going investigations, addressing threats to public safety, or complying6236with interagency protocols. All sharing is governed by applicable6237statutes, memoranda of understanding, and DHS/ICE privacy and6238information-sharing policies. ICE does not share or use videos for6239purposes outside its law enforcement, security, and investigative6240mission, and all actions are consistent with Federal law and DHS6241policy.6242    Question 3c. What technological tools are used to analyze those6243videos or the identities of the people in them? If facial recognition6244tools are being run, what is the legal justification, and what6245databases and galleries of photos are they being run against?6246    Answer. Facial recognition tools are not utilized in the review of6247body-worn camera footage.6248    Question 3d. Are the technological tools being used to analyze the6249videos and identities commercially developed, and if so, by whom?6250    Answer. The use of technology platforms to analyze video and other6251media in support of lawful investigative activities--including6252identifying individuals and developing evidence of potential violations6253within ICE's jurisdiction--is consistent with ICE's investigative6254mission and is conducted in accordance with applicable laws,6255regulations, and policies.6256    Any technology used by ICE, including the Mobile Fortify6257application which includes a facial recognition component, must comply6258with the DHS and ICE policy and privacy requirements and oversight6259framework. For Mobile Fortify Use Case Summary, please visit the6260public-facing DHS.gov website page, United States Immigration and6261Customs Enforcement--AI Use Cases/Homeland Security. Like other law6262enforcement agencies, ICE employs various forms of technology to6263investigate criminal activity and support law enforcement efforts while6264respecting civil liberties and privacy interests.6265    Question 4a. Mr. Lyons, a Federal court found that ICE officers6266shot exploding pellets of pepper spray at the Rev. David Black from the6267roof of an ICE facility, while he was wearing his clerical collar and6268extending his arms toward the officers with palms outstretched ``in a6269traditional Christian posture of prayer and blessing.'' Later, after he6270calmly spoke into a megaphone while standing on the street, officers6271pepper-sprayed him at close range, aiming at his head, and left him6272completely saturated with pepper spray.6273    Does the conduct of these officers comport with ICE training?6274    Answer. ICE declines to comment on these on-going investigations,6275but notes that agents and officers are trained to use force only when6276reasonable and necessary in light of the totality of facts and6277circumstances confronting an Authorized Officer at the time the force6278is applied. Any circumstance where force is used, which is not both6279necessary and reasonable, including the pneumatic firing of oleoresin6280capsicum (OC) projectiles or pepper spray, would not comport with ICE6281training or policy. OC is taught as a controlled tool that may only be6282used when there is a lawful, clearly articulable reason related to6283safety or a legitimate enforcement need.6284    Question 4b. Were the officers subject to any discipline or6285consequence as a result of this conduct?6286    Answer. If an investigation finds that an ICE employee engaged in6287misconduct, the completed investigative file is referred to ICE Office6288of Human Capital Employee Relations Unit for appropriate disciplinary6289action(s) in accordance with agency policy.6290    Question 4c. How will you ensure that, going forward, ICE officers6291do not assault people engaged in peaceful prayer in accordance with6292their First Amendment rights?6293    Answer. ICE is fully committed to upholding the Constitution and6294respecting the First Amendment rights of all individuals, including the6295right to peacefully assemble and express views through protest.6296Protecting these fundamental Constitutional rights is foundational to6297our Nation's democracy and rule of law. ICE policies and practices are6298designed to respect lawful protests and Constitutionally-protected6299activities.6300    Question 5a. Mr. Lyons, U.S. citizens across the Nation have been6301caught up in Trump's immigration dragnet, have been forcibly arrested,6302detained for sometimes days, and even refused a phone call.6303    What is your office doing to track these incidents?6304    Answer. Please provide specific allegations of such actions and ICE6305will look into the matter. General, sensationalized questions such as6306the above do not assist in ICE adjudicating potential concerns. Between6307January 20, 2025, and April 6, 2026, ICE booked in a total of 2 U.S.6308citizens into ICE custody.6309    Question 5b. What is the number of U.S. citizens who have been6310detained, including through investigative stops?6311    Answer. As a matter of law, ICE may not detain or arrest U.S.6312citizens for civil immigration violations. However, ICE may arrest6313anyone--U.S. citizen or not--for violations of criminal law pursuant to6314ICE's authorities under Titles 8, 18, 19, and 31 of the United States6315Code. ICE law enforcement officers may also arrest anyone who willfully6316impedes, resists arrest, assaults, or even attempts to kill ICE6317officers or agents, or damages Government property during the course of6318lawful ICE enforcement operations. Between January 20, 2025, and April63196, 2026, ICE arrested 2,856 U.S. citizens. During this same time frame,6320ICE booked 2 U.S. citizens into custody.\8\ ICE arrests and book-ins6321differ. ICE defines an arrest as arresting a subject for civil6322immigration or criminal violations of U.S law. Conversely, a book-in6323represents the first time an alien enters ICE custody in a detention6324facility. Initial book-ins do not include book-ins due to transfers6325between facilities or book-ins after being booked out of custody for6326less than 72 hours (e.g., if an alien is booked out on Monday afternoon6327and booked in again on Wednesday morning, that book-in does not count6328as an initial book-in).6329---------------------------------------------------------------------------6330    \8\ ICE does not intentionally or knowingly arrest, book into6331custody, and/or remove U.S. citizens on administrative charges. While6332performing their civil immigration enforcement duties, ICE officers,6333agents, and attorneys may encounter individuals subject to immigration6334enforcement who are not certain of their citizenship status, who may6335have derived citizenship, who claim to be U.S. citizens, who may6336intentionally conceal citizenship to avoid criminal prosecution in the6337United States, and/or for whom there are indicia warranting further6338examination to determine if they are U.S. citizens. However,6339information may come to light after the arrest and subsequent book-in6340through which ICE discovers the individual may, in fact, be a U.S.6341citizen. U.S. citizens encountered during civil immigration enforcement6342actions may be captured in our system of records to solely document the6343status of a denaturalization process and other related criminal6344prosecution. There are instances where ICE conducts in depth criminal6345investigations of violations of U.S. criminal law, which may result in6346the issuance of a court ordered criminal arrest warrant and the6347subsequent criminal arrest of any person in the United States, to6348include U.S. citizens (e.g., 18 U.S.C.  111, 18 U.S.C.  1001, 86349U.S.C.  1324, 18 U.S.C.  1546, etc.).6350---------------------------------------------------------------------------6351    Question 5c. Do your officers and agents document all interactions6352with U.S. citizens, to include investigative stops? If not, what6353information is documented about these interactions?6354    Answer. ICE officers and agents document all arrests and detentions6355including those involving U.S. citizens for criminal law violations as6356part of routine law enforcement operations. This information is6357maintained in ICE's law enforcement databases. These systems are law6358enforcement sensitive and access is restricted to authorized personnel.6359ICE offers the number of arrests, book-ins, and removals of U.S.6360citizens on its public facing website, which may be accessed here:6361https://www.ice.gov/detain/detention-management.6362    Question 5d. What is the number of U.S. citizens who have been6363arrested?6364    Answer. As a matter of law, ICE may not detain or arrest U.S.6365citizens for civil immigration violations. However, ICE may arrest6366anyone--U.S. citizen or not--for violations of criminal law pursuant to6367ICE's authorities under Titles 8, 18, 19, and 31 of the United States6368Code. ICE law enforcement officers may also arrest anyone who willfully6369impedes, resists arrest, assaults, or even attempts to kill ICE6370officers or agents, or damages government property during the course of6371lawful ICE enforcement operations. Between January 20, 2025, and April63726, 2025, ICE arrested 2,856 U.S. citizens.6373    Question 5e. Why are U.S. citizens remaining detained for hours or6374days without any charges?6375    Answer. Please provide specific allegations of such actions and ICE6376will look into the matter. General, sensationalized questions such as6377the above do not assist in ICE adjudicating potential concerns.6378    Question 5f. What procedures does ICE follow when someone claims to6379be a U.S. citizen?6380    Answer. ICE has significant protections in place to ensure U.S.6381citizens are not arrested, detained, or removed mistakenly. ICE6382Directive No. 16001.2, Investigating the Potential U.S. Citizenship of6383Individuals Encountered by ICE (Nov. 10, 2015), establishes ICE policy6384and procedures for ensuring that the potential U.S. citizenship of6385individuals encountered by ICE officers, agents, and attorneys is6386immediately and carefully investigated and analyzed. A copy of the6387Directive is enclosed for reference.6388    Question 5g. After a GAO investigation in 2021 (GAO-21-487), ICE6389said it would update its training materials to address detention of6390citizens. How has the training changed since 2021? What training do law6391enforcement personnel get now about how to ensure they are not6392arresting or detaining citizens?6393    Answer. Since 2021, ICE ERO training on U.S. citizenship has been6394expanded to allocate more total classroom hours to the same core6395material, giving instructors and students more time for in-depth6396review. In the current (March 2025) lesson used in the ERO Basic6397Immigration Enforcement Training Program, the updated training devotes6398an entire 14-hour block to citizenship law and presents extensive6399scenarios (including complex historical and derivative citizenship6400cases) so officers can work through real-world fact patterns. Officers6401are trained to gather and corroborate facts through questioning,6402documents, and database checks, and they are formally assessed.6403    Question 5h. ICE also said it would maintain data about those6404arrests and detentions of U.S. citizens. What steps is ICE taking to do6405this? Where is that information being maintained?6406    Answer. As noted above, ICE officers and agents document all6407arrests and detentions including those involving U.S. citizens for6408criminal law violations as part of routine law enforcement operations.6409This information is maintained in ICE's law enforcement databases.6410These systems are law enforcement sensitive and access is restricted to6411authorized personnel. ICE offers the number of arrests, book-ins, and6412removals of U.S. citizens on its public facing website, which may be6413accessed here: https://www.ice.gov/detain/detention-management. ICE6414releases public statistics pursuant to fiscal year 2020 DHS6415appropriations bill. Once ICE is funded, these reports will be updated.6416    Question 6a. Mr. Lyons, U.S. citizens wrongfully arrested in6417immigration enforcement have reported being DNA swabbed.6418    Under what statutory authority does DHS justify these collections?6419    Answer. U.S. Immigration and Customs Enforcement (ICE) is required6420to collect DNA samples from both United States citizens as well as6421certain alien detainees in its custody pursuant to 34 U.S.C.  40702,6422and its implementing regulations at 28 C.F.R. Part 28. DHS is taking6423all appropriate actions to fulfill its statutory obligations, which6424also supports the Executive Order 14165, Securing Our Borders, issued6425by the President on January 20, 2025.6426    Specifically, 34 U.S.C.  40702 (a)(1)(A) requires the collection6427of ``DNA samples from individuals who are arrested, facing charges, or6428convicted or from non-United States persons who are detained under the6429authority of the United States.'' Similarly, the implementing6430regulation at 28 C.F.R.  28.12 (b) states in relevant part, ``[a]ny6431agency of the United States that arrests or detains individuals or6432supervises individuals facing charges shall collect DNA samples from6433individuals who are arrested, facing charges, or convicted, and from6434non-United States persons who are detained under the authority of the6435United States,'' and defines ``non-United States persons'' to ``mean[ ]6436persons who are not United States citizens and who are not lawfully6437admitted for permanent residence . . . ''.6438    In compliance with 34 U.S.C.  40702, ICE and U.S. Customs and6439Border Protection (CBP) agents and officers are authorized to collect6440DNA from any individual for submission into FBI Combined DNA Index6441System (CODIS) DNA database who meets the above criteria, unless they6442fall into an exemption. ICE and CBP collect DNA samples for submission6443to FBI CODIS from persons in their custody who are arrested on Federal6444criminal charges, including United States citizens and legal permanent6445residents, and from non-U.S. persons detained under DHS authority who6446are subject to fingerprinting and not otherwise exempt from the6447collection requirement.6448    Question 6b. What are the DNA swabs used for?6449    Question 6c. What are the parameters for retaining this6450information?6451    Answer. Neither ICE nor CBP uses DNA samples collected pursuant to645234 U.S.C.  40702 for any purpose other than submission to the FBI6453CODIS laboratory as per 34 U.S.C.  40702(b). Nor does either DHS6454component retain the samples. All completed and printed FD-936, Request6455for National DNA Database Entry Forms, and used buccal swabs are mailed6456directly to the Federal DNA Database Unit/FBI Laboratory. These records6457are not used, stored, or maintained by ICE or CBP, and there are no6458new, significant, or substantial changes to existing ICE or CBP records6459management requirements.6460    Question 6d. Is the information destroyed after citizens are6461released? If not, why not? And how long is the information stored for?6462    Question 6e. If the information is not destroyed, what system is6463this information stored in? Who has access to this information?6464    Answer. DHS defers to the FBI CODIS laboratory for answers to6465questions (d) and (e) since ICE and CBP send all DNA samples collected6466pursuant to 34 U.S.C.  40702 to FBI CODIS as required by that statute.6467    Question 7a. In a memo dated May 12, 2025, you instructed ICE6468officers that they may enter residences without a judicial warrant to6469conduct civil immigration arrests. The Fourth Amendment has long been6470understood to require law enforcement to obtain a judicial warrant to6471enter a home, absent an emergency or consent.6472    How is this policy consistent with the Fourth Amendment?6473    Question 7b. What was the basis for the change in policy?6474    Question 7c. Under your new policy, may ICE officers and agents6475enter a mixed-status home that includes U.S. citizens with only an6476administrative warrant?6477    Question 7d. Under your new policy, may ICE officers and agents6478detain and arrest other individuals present inside the home who were6479not the subject of the administrative warrant?6480    Question 7e. The policy authorizes ICE personnel to use force to6481enter homes. What are the limits on the type and amount of force that6482can be used? What are the consequences for ICE personnel who violate6483those limits?6484    Question 7f. What is the process of obtaining an administrative6485warrant to enter a home?6486    Question 7g. What is the legal standard for obtaining an6487administrative warrant to enter a home? Is it probable cause,6488reasonable suspicion, or something else?6489    Answer. In line with long-standing policy, DHS does not comment on6490matters currently under litigation.6491    Question 8a. Mr. Lyons, according to media reports, ICE is using a6492new mobile facial recognition technology called Mobile Fortify to6493identify individuals encountered at the border or during enforcement6494operations.\9\6495---------------------------------------------------------------------------6496    \9\ For example, see Public Broadcasting Service, Department of6497Homeland Security Intensifies Surveillance in Immigration Raids,6498Sweeping Citizens (Jan. 30, 2026), https://www.pbs.org/newshour/6499politics/department-of-homeland-security-intensifies-surveillance-in-6500immigration-raids-sweeping-in-citizens.6501---------------------------------------------------------------------------6502    What is the legal basis relied on by ICE for using mobile phone6503applications, including Mobile Fortify, to conduct biometric searches6504outside ports of entry? Are there Constitutional restraints in place on6505such searches of U.S. citizens and those exercising their first6506amendment rights?6507    Question 8b. What is the approval process ICE personnel must follow6508required before conducting a biometric search using the Mobile Fortify6509application?6510    Question 8c. What is the process ICE personnel must follow to6511review and verify potential matches after completing a biometric search6512using the Mobile Fortify application?6513    Question 8d. If the Mobile Fortify application returns a match that6514conflicts with a person's government-issued identification or6515documentation, what procedures must ICE follow to determine the6516person's identity?6517    Question 8e. Has ICE provided access to Mobile Fortify to any6518agencies at the local, State, or Federal level?6519    Answer. In line with long-standing policy, DHS does not comment on6520matters currently under litigation.6521    Question 9a. Mr. Lyons, there has been extensive reporting6522regarding multiple technological tools and capabilities that ICE is6523using to locate and arrest immigrants and to track and identify lawful6524observers and protesters, including facial recognition, license plate6525readers, cell phone location tracking, and more. However, there has not6526yet been a comprehensive accounting of the technology that ICE is6527deploying.6528    What technological tools is ICE using to locate and arrest6529immigrants?6530    Answer. To locate aliens, ERO utilizes databases and intelligence6531throughout DHS and other Government agencies.6532    Additionally, ERO uses information obtained from State and local6533governments and other law enforcement agencies' information systems and6534intelligence through partnerships and information-sharing agreements,6535as well as public and commercial sources, and anonymous tips consistent6536with laws, regulations, policies, and user agreements. ERO also6537contracts with industry partners to set up continuous monitoring and6538alert system notifications for specified new information, arrests, and6539activities, as well as for using internet research and data analysis6540and access to person-centric commercial information to assist in the6541location of aliens.6542    The Enhanced Leads Identification & Targeting for Enforcement6543system delivers improved capabilities for identifying and prioritizing6544high-value targets through advanced analytics.6545    Question 9b. Please provide the legal justification for using these6546technological tools and capabilities to track and arrest individuals as6547part of your immigration enforcement actions.6548    Answer. As part of its mission to protect the homeland through the6549arrest and removal of aliens who undermine the safety of our6550communities and the integrity of U.S. immigration laws, ICE must first6551identify aliens considered to be removable from the United States.6552Under its Title 8 authority, ICE officers are authorized to arrest6553individuals suspected of immigration violations and to remove aliens6554from the United States who are subject to final orders of removal6555issued by an immigration judge or other lawful orders. There is no6556legal prohibition against the use of technological tools that ICE uses6557in its law enforcement mission.6558    As for information sharing with State/local governments and other6559law enforcement agencies' information systems, and intelligence through6560partnerships and information-sharing agreements, Congress enacted6561statutes to ensure that information sharing takes place for the6562effective implementation of the Nation's immigration laws.6563    Congress enacted 8 U.S.C.  1373 to ensure that ``no person or6564agency may prohibit or in any way restrict, a Federal, State, or local6565government entity'' from sharing information regarding the immigration6566status, lawful or unlawful, of any individual, with Federal immigration6567law enforcement agency.6568    Question 10. Mr. Lyons, media reports have suggested that DHS and6569other Federal agencies have been hitting businesses who are critical of6570DHS activities with I-9 audits or subpoenas.6571    Is it ICE's policy to audit or subpoena businesses in retaliation6572for first amendment activities?6573    Answer. ICE takes its responsibility to enforce Federal immigration6574and employment laws in a fair and impartial manner seriously. ICE6575enforcement actions, including I-9 inspections and subpoenas related to6576worksite enforcement investigations, are initiated based on established6577procedures and objective criteria such as compliance concerns, tipline6578leads, tips received from the public or companies, information from6579audits, or referrals from other agencies.6580    ICE is committed to protecting the rights of all individuals and6581businesses, including the right to free speech. If there are concerns6582about the fairness or motivation behind an enforcement action, ICE6583encourages businesses to use established channels to raise those6584concerns, and the agency will review any allegations thoroughly. ICE6585values open communication and strives to maintain public trust in its6586enforcement activities.6587    Question 11a. Mr. Lyons, throughout the Trump administration, armed6588ICE agents have conducted so-called ``wellness checks'' of6589unaccompanied children that have terrified impacted children and6590families. ICE has even attempted to conduct a number of these wellness6591checks at elementary schools, sowing fear and panic among6592schoolchildren and their parents.6593    Acting Director Lyons, how can you assure us that immigration6594enforcement will not harm children attending our schools?6595    Answer. ICE manages several initiatives and operations aimed at6596enhancing public safety and protecting vulnerable populations,6597including unaccompanied alien children (UACs).6598    ICE locates children released from the custody of the U.S.6599Department of Health and Human Services (HHS) who have not had contact6600with DHS since their release to a sponsor. ICE focuses on the safety6601and wellness of the children, ensuring that they have not been subject6602to any form of harm or exploitation, and emphasizing the6603administration's commitment to restoring trust in the immigration6604system and enhancing public safety.6605    In August 2025, ICE began locating former UACs who are now adults6606and possess criminal history, gang affiliations, or final orders of6607removal. This initiative aligns with President Trump's Executive Orders6608that prioritize immigration enforcement, public safety, and the removal6609of individuals who pose threats to American communities. This program6610closes loopholes in the immigration system that allowed individuals to6611exploit protections afforded to minors, which allowed these individuals6612to evade accountability.6613    In November 2025, ICE, along with State and local law enforcement6614agencies, including 287(g) enforcement agencies, began the UAC Safety6615Verification Initiative to search for a subset of UACs. This initiative6616underscores ICE's commitment to protecting vulnerable minors from6617abuse, trafficking, and exploitation through a whole-of-Government6618approach and partnerships.6619    Question 11b. Will you pledge to halt ICE immigration enforcement6620activities of children at schools throughout the United States?6621    Answer. ICE strives to avoid immigration enforcement activities6622involving children at schools; however, there may be exigent6623circumstances such as when a child is in danger or the subject of a6624criminal charge or investigations, for example, where it may be6625necessary and safest for the minor to be encountered in a custodial-6626like setting, such as at school.6627    Question 12a. Mr. Lyons, the unnecessary separation of children6628from parents or legal guardians results in long-term trauma to children6629and renders them more vulnerable to trafficking and exploitation.6630Today, separations are being carried out by immigration agents all6631around the country, leaving children at home without caretakers, or6632placed in the custody of ORR or State foster care systems.6633    What procedures are in place to document any instances of family6634separation and the basis for those separations, including separations6635that occur in the interior of the United States?6636    Answer. Generally, ERO does not separate families. When6637operationally feasible, ERO accommodates parents' efforts to make6638alternative care arrangements for their minor child(ren) prior to6639detention. If a child is transferred to the HHS Office of Refugee6640Resettlement (ORR), ERO makes proper notifications and also follows6641specific procedures for certain populations that are outlined in the6642Ms. L. Settlement Agreement.6643    Question 12b. How can a parent challenge a separation if they6644believe it was unlawful?6645    Answer. ICE does not conduct ``unlawful'' separations. For affected6646populations the Ms. L. Settlement Agreement contains a formal process6647for individuals or their legal representatives to send information to6648ICE related to why they believe the separation was improper under terms6649of the settlement.6650    Question 12c. Since January 2025, how many children has ICE6651transferred to ORR custody?6652    Answer. From January 2025 to September 30, 2025, ICE transferred6653422 UACs to ORR custody. From October 1, 2025, to March 3, 2026, ICE6654transferred 317 UACs to ORR custody.6655    Question 12d. Please describe the procedures in place to document6656any instances of family separations resulting from enforcement actions6657conducted in the interior of the United States.6658    Answer. ICE generally does not separate families as ICE has a6659family residential center. However, if a separation happens due to6660unforeseen events such as the hospitalization of parent, discovery of6661derogatory information (national security and/or public safety) about a6662family member, or a parent creating unsafe environment for children by6663being assaultive, the separation will be documented in ERO's system of6664record on both parent's and children's case. If a child was transferred6665to ORR due to a separation, ORR is notified of the separation.6666Transfers of aliens from the criminal justice system--such as6667individuals who enter ICE custody as single adults from local county6668jails or State prisons--or the arrest of individuals during interior6669enforcement actions are not considered family separations.6670    Question 12e. Please describe practices and procedures, including6671sharing and relevant written guidance, for parents in ICE custody to6672coordinate care for their children.6673    Answer. ICE follows Directive No. 11064.4, Detention and Removal of6674Alien Parents and Legal Guardians of Minor Children (July 2, 2025).6675This policy intends to protect parents or legal guardians who are6676arrested or detained for a civil immigration proceeding. Under this6677policy, the alien may coordinate care and maintain visitation with his6678or her child for whom they serve as guardian and participate in any6679related court or child welfare proceedings.6680Questions From Ranking Member Bennie G. Thompson on Behalf of Honorable6681                   Veronica Escobar for Todd M. Lyons6682    Question 1a. Director Lyons, Camp East Montana in El Paso, Texas is6683currently the largest ICE detention facility in the country. The6684Department of Homeland Security awarded Acquisition Logistics, LLC6685$1.24 billion dollars for its construction and operation last year.6686During a briefing on December 16, you committed to producing the6687contract for Camp East Montana at the request of Congresswoman Veronica6688Escobar, who represents El Paso.6689    Have you produced the contract as Congresswoman Escobar requested?6690    Answer. The Camp East Montana (formerly known as Fort Bliss)6691contract was initially established as a Department of War (DOW) project6692and supported through DOW funding as part of an interagency effort to6693address immigration detention capacity requirements.6694    Question 1b. Why have you not yet produced the contract?6695    Question 1c. Will you commit to producing the contract before the6696end of the week? If not, why not?6697    Answer. Effective October 1, 2025, ICE assumed responsibility for6698the contract. Prior to releasing the contract, ICE must first comply6699with 6 C.F.R. section 5.7 and issue a submitter notice to Acquisition6700Logistics, LLC, providing the company 10 business days' notice of6701requested disclosure and the opportunity to object. ICE has located the6702contract and is currently in the process of issuing a submitter notice6703to Acquisition Logistics, LLC, in order to comply with the disclosure6704requirements for confidential financial information under 6 C.F.R.6705section 5.7. Once this process is complete, ICE will provide the6706redacted copy of the contract to Representative Escobar.6707    Question 2a. Director Lyons, in that same December 16 briefing,6708Rep. Escobar asked you about a series of oversight letters about6709concerns with conditions and operations at Camp East Montana that had6710been sent to the Department between September and December 2025.6711    Has your office responded to these letters?6712    Question 2b. What is preventing your office from responding to Rep.6713Escobar's letters?6714    Question 2c. Will you commit to having your office respond to Rep.6715Escobar's letters by Friday March 6? If not, why not?6716    Answer. DHS has responded to previous letters sent by Rep. Escobar,6717and is working diligently to provide a response to any letters from the6718Congresswoman still outstanding.6719    Question 3a. Director Lyons, are you aware of the inhumane6720conditions that your agency and its civilian contractor partners are6721allowing to persist at Camp East Montana?6722    Answer. ICE is committed to ensuring its facilities operate in6723accordance with their contractual requirements. ICE also employs a6724robust, multi-layered oversight and compliance program consisting of6725field office personnel, such as contracting officer representatives and6726headquarters-assigned compliance staff, who assess conditions of6727confinement and adherence to ICE standards and policies. Also, a6728variety of oversight bodies conduct inspections of ICE detention6729facilities and ICE is committed to resolving any identified performance6730concerns or other deficiencies quickly to ensure the safety and6731security of each facility housing ICE detainees.6732    Question 3b. Are you aware of detainees being unable to access6733necessary medication--such as insulin--that is vital to their health?6734    Answer. ICE is committed to providing the safe delivery of6735appropriate health care to aliens in agency custody. ICE's National6736Detention Standards (NDS) and other ICE policies require detention6737facilities to provide comprehensive medical and mental health care to6738aliens in ICE custody. Aliens have access to a continuum of health care6739services, including screening, prevention, health education, diagnosis,6740and treatment while in ICE custody. Generally, detention standards6741require facilities to conduct an initial medical intake screening6742(including medical, dental, and mental health) within 12 hours of6743arrival at a facility and a comprehensive health assessment within 146744days of arrival. Each facility is staffed by medical care professionals674524 hours a day, 7 days a week; or facilities have a plan in place to6746provide 24-hour emergency medical and mental health care when no6747medical personnel are on duty, for direct patient access.6748    Without specific alien names or incident details, ICE Health6749Service Corps is unable to verify if instances related to medication6750inaccessibility are present.6751    Question 3c. Are you aware of the inadequate food being served to6752detainees?6753    Answer. In accordance with ICE NDS 2025, detainees at this facility6754are provided with 3 nutritious meals a day, specialized diet meals,6755including religious diets and more than a dozen types of therapeutic6756diets. Menus are reviewed and approved by a registered dietitian to6757ensure the nutritional program meets or exceeds minimum U.S.6758recommended daily allowances.6759    Question 3d. Are you aware of the 3-day lockdown that occurred at6760Camp East Montana as a result of detainees protesting over having their6761rations cut in half?6762    Answer. There was no lockdown at Camp East Montana related to6763detainees protesting over perceived food/snack ration reductions.6764Detainees expressed concerns regarding a change in the food/snack menu6765and snack distribution, which were immediately addressed and resolved.6766Detainees' required daily caloric intake per NDS 2025 was not cut in6767half.6768    Question 3e. We are aware that ICE contracts out laundry services6769for detained individuals at Camp East Montana, paid for by the American6770taxpayer. Are you aware, however, that laundry services are being6771provided so irregularly, that detainees often wash their clothing in6772bathroom sinks, and that recently-arrived detainees have not been made6773aware of available laundry services at all?6774    Answer. Per NDS 2025, Section 4.4, Personal Hygiene, Section II6775Standards and Procedures, Subsection A, Clothing, Bedding, Linen,6776Blanket and Towel Supply, ``The facility shall have a policy and6777procedure for the regular issuance and exchange of clothing, bedding,6778linens, and towels. The facility shall keep a supply of these items6779that exceeds the minimum amount required for the number of detainees to6780prevent delay in replacing the items.'' In accordance with NDS 2025,6781detainees receive clean clothing, linens, and towels on a regular basis6782to support personal hygiene. Socks and undergarments are exchanged6783daily and outer garments and sheets twice per week. The laundry6784services contractor maintains a log for tracking and accountability. In6785addition, laundry services are covered in the facility handbook6786provided to each detainee at intake, to include an electric copy6787(accessible via the Talton Tablets) that detainees must acknowledge6788receipt after receiving. Laundry schedules are also clearly posted in6789the pods.6790    Question 3f. What have you, as head of ICE, done to ensure these6791issues are resolved?6792    Answer. As part of its critical mission, ERO ensures each of its6793detention facilities adhere to the national detention standards that6794govern facility operations and protect the health, safety, and well-6795being of all aliens in its custody. Regardless of whether detention6796facilities are owned and operated by ICE, a State or local entity, or a6797contractor, each detention facility operates under one of several sets6798of ICE national detention standards.6799    Question 4. What can you share about the on-going investigation6800into the death of Geraldo Lunas Campos, whose death was ruled a6801homicide by ``asphyxia due to neck and torso compression'' while in ICE6802custody at Camp East Montana?6803    Answer. While ICE declines to comment on this on-going6804investigation, any allegation of inappropriate behavior is6805appropriately investigated.6806    Question 5. What internal oversight mechanisms are currently in6807place to empower agents, civilian staff, and health care professionals6808on-site to report and correct hazardous conditions?6809    Answer. As part of its critical mission, ERO ensures each of its6810detention facilities adhere to the national detention standards that6811govern facility operations and protect the health, safety, and well-6812being of all aliens in its custody. Regardless of whether detention6813facilities are owned and operated by ICE, a State or local entity, or a6814contractor, each detention facility operates under one of several sets6815of ICE national detention standards.6816    To ensure compliance with each contract's terms and conditions and6817the applicable detention standards, DHS, ICE, and ERO employ a robust6818and multilevel oversight and compliance program. These multiple6819channels of oversight allow ICE to provide an appropriate standard of6820care for the detained population.6821    At the ERO level, ERO Detention Service Managers and Detention6822Standards Compliance Officers monitor detention conditions through6823daily on-site compliance reviews to identify deficiencies, areas of6824concern, contract and facility issues, and to facilitate corrective6825actions. These reviews allow ICE another layer of oversight by6826providing senior leadership a unique tool to quickly identify and6827address issues that occur between or are not identified during annual6828inspections.6829    At the ICE level, OPR's Office of Detention Oversight (ODO)6830conducts independent biannual inspections of ICE detention facilities6831with an average daily population (ADP) of 10 or more detained aliens6832for over 72 hours. Additionally, ODO conducts special reviews of under683372-hour ICE detention facilities with an ADP of 1 or more detained6834aliens and over 72-hour facilities with an ADP of 1 to 9. As part of6835their inspections, ODO partners with subject-matter experts in health6836care, food service, environmental health and safety, and security to6837comprehensively assess the performance of each detention facility.6838    At the DHS level, the OIG, and the DHS Office for Civil Right and6839Civil Liberties, and the DHS Office of the Immigration Ombudsman6840provide additional levels of oversight, allowing for a layered, multi-6841level approach to compliance.6842    Question 6a. Director Lyons, in recent weeks, Members of Congress6843have become aware of the Department's plans to establish warehouse-like6844``mega centers'' for the purposes of detaining immigrants.6845    Please elaborate on the Department's intention for these6846facilities.6847    Question 6b. Who does the administration intend to detain in these6848facilities?6849    Answer. ICE is reimagining its detention structure and acquisition6850strategy to address the rising operational tempo and increasing6851arrests. These efforts aim to meet the growing demand for bed space and6852streamline the detention and removal process in pursuit of mass6853deportations. Part of this strategy includes non-traditional facilities6854built specifically to support ICE's needs. Please note ICE is committed6855to safe, secure, and humane environments for all those in its custody,6856no matter what type of facility in which they are housed.6857    As part of this new acquisition strategy, ICE is advancing an6858initiative with a goal of implementing a new detention model comprised6859of a mix of ICE-owned and privately-owned detention facilities. The new6860model is designed to strategically increase bed capacity, ensuring6861coverage across key field offices nationwide in support of ICE's6862immigration enforcement mission.6863    ICE continues to evaluate bed space requirements and availability6864and is committed to strategically using existing detention beds in a6865fiscally-responsible manner as well as ensuring the safety and security6866of detainees in its custody.6867       Questions From Honorable J. Luis Correa for Todd M. Lyons6868                 detention and arrest of u.s. citizens6869    Question 1. Mr. Lyons, during your testimony you said you were6870unaware of ICE detaining and arresting American citizens. The U.S.6871Senate Permanent Subcommittee on Investigation issued a report in6872December 2025 citing 22 examples U.S. citizens being detained by ICE6873and CBP.\10\ ProPublica also recently reported more than 170 U.S.6874citizens have been detained by Federal immigration authorities.\11\6875---------------------------------------------------------------------------6876    \10\ ``Unchecked Authority: Examining the Trump Administration's6877Extrajudicial Immigration Detentions of U.S. Citizens,'' U.S. Senate6878Permanent Subcommittee on Investigations (December 9, 2025), https://6879www.hsgac.senate.gov/wp-content/uploads/2025.12.8_ICE-Report-revised-6880FINAL.pdf.6881    \11\ Nicole Foy, ``We Found That More Than 170 U.S. Citizens Have6882Been Held by Immigration Agents. They've Been Kicked, Dragged and6883Detained for Days,'' ProPublica (October 16, 2025), https://6884www.propublica.org/article/immigration-dhs-american-citizens-arrested-6885detained-against-will.6886---------------------------------------------------------------------------6887    How many U.S. citizens have been detained, which includes6888investigative stops, by ICE since January 20, 2025?6889    Answer. As a matter of law, U.S. Immigration and Customs6890Enforcement (ICE) may not arrest or detain U.S. citizens for civil6891immigration violations. However, ICE may arrest anyone for violations6892of criminal law pursuant to ICE's authorities under Titles 8, 18, 19,6893and 31 of the United States Code. ICE law enforcement officers may also6894arrest anyone who willfully impedes, resists arrest, assaults, or6895attempts to kill ICE officers or agents, or damages government property6896during ICE enforcement operations. However, ICE's system of record only6897tracks book-ins to custody, not ``investigative stops'' that do not6898result in an arrest.6899    Question 2. How many U.S. citizens have been arrested by ICE since6900January 20, 2025?6901    Answer. Between January 20, 2025, and May 3, 2026, ICE arrested69022,638 U.S. citizens for violations of U.S. criminal law, specifically6903in the context of assaulting, obstructing, or impeding Federal law6904enforcement, resisting arrest, and similar actions.6905    Question 3. What documentation does ICE consider sufficient to6906verify citizenship status?6907    Answer. ICE has significant protections in place to ensure U.S.6908citizens are not arrested or detained for civil immigration offenses or6909mistakenly removed. ICE Directive No. 16001.2, Investigating the6910Potential U.S. Citizenship of Individuals Encountered by ICE (Nov. 10,69112015), establishes ICE policy and procedures for ensuring the potential6912U.S. citizenship or nationality of individuals encountered by ICE6913officers, agents, and attorneys is immediately and carefully6914investigated and analyzed.6915                     surveillance of u.s. citizens6916    Question 4a. Mr. Lyons, during your testimony you said your agency6917was not surveilling U.S. citizens and you do not have a database of6918Americans. Last month, Tom Homan spoke about his push to create a6919database of individuals who ``impede'' ICE.\12\6920---------------------------------------------------------------------------6921    \12\ ``Homan pushes to create `database' to make those who impede6922ICE `famous,' '' Fox News (January 15, 2026), https://www.foxnews.com/6923video/6387789141112.6924---------------------------------------------------------------------------6925    Does ICE maintain any separate database(s) of biographic and6926biometric information of U.S. persons? If so:6927    Question 4b. Does ICE share this data with other agencies?6928    Question 4c. Does ICE retain data on individuals not suspected of6929being domestic terrorists?6930    Answer. No. ICE does not have an independent database of biographic6931or biometric information on U.S. persons who ``impede'' ICE. ICE does6932not identify or designate individuals as ``domestic terrorists.''6933    Question 5a. Does ICE track information about people accused of6934interfering, impeding, or assaulting ICE officers or agents? If so:6935    What database is this information kept in?6936    Question 5b. Is this data shared with other agencies?6937    Question 5c. Is this data shared with individuals' employers?6938    Answer. ICE Homeland Security Investigations (HSI) has the6939authority to investigate and document allegations of interference and6940impeding with law enforcement. HSI has primary jurisdiction to6941investigate assaults on ICE employees. HSI uses the Investigative Case6942Management (ICM) system for documenting investigations and any evidence6943collected in support of all investigative work. The ICM system is6944governed by the U.S. Department of Homeland Security (DHS)/ICE External6945Investigations System of Records Notice, which can be reviewed on-line.6946This system is considered a Law Enforcement Sensitive system, which6947restricts who has access and excludes sharing of information to the6948public, including employers.6949    HSI may share certain information about individuals accused of6950interfering with, impeding, or assaulting ICE law enforcement officers6951with other law enforcement agencies, as permitted by law and in6952accordance with established information-sharing agreements, policies,6953and regulations. Specifically, information about individuals charged or6954convicted of assaulting Federal law enforcement officers is entered6955into the National Crime Information Center (NCIC), which is accessible6956to authorized law enforcement agencies nationwide. The NCIC is a6957centralized criminal justice information system operated by the Federal6958Bureau of Investigation (FBI) that facilitates information sharing6959among Federal, State, and local law enforcement agencies.6960    Information maintained in the ICM system and shared via NCIC is6961considered Law Enforcement-Sensitive and is restricted to authorized6962personnel. It is not shared with the public, private parties, or6963individuals' employers. HSI does not share investigative information6964for non-law enforcement purposes.6965    Question 6a. Recent reports have indicated that the Department of6966Homeland Security is requesting data from tech companies identifying6967individuals who track or criticize ICE operations.\13\6968---------------------------------------------------------------------------6969    \13\ Sheera Frenkel and Mike Isaac, ``Homeland Security Wants6970Social Media Sites to Expose Anti-ICE Accounts'' The New York Times6971(February 13, 2026), https://www.nytimes.com/2026/02/13/technology/dhs-6972anti-ice-social-media.html.6973---------------------------------------------------------------------------6974    Has your agency sent administrative subpoenas to tech companies6975over the past 12 months? If so:6976    Question 6b. Which companies have been issued these subpoenas?6977    Question 6c. How many administrative subpoenas have been sent to6978each of those companies?6979    Question 6d. How many people has ICE requested information on via6980these administrative subpoenas?6981    Question 6e. What information is being requested?6982    Question 6f. Are these requests for information on U.S. citizens?6983    Answer. HSI does not investigate individuals based on disagreements6984with ICE priorities and operations. HSI issues administrative subpoenas6985to lawfully obtain relevant information pursuant to its criminal and6986administrative investigative authority. This authority includes6987investigating violations of hundreds of Federal crimes that use ``tech6988companies'' in the commission of crime, such as child sexual6989exploitation. It is the policy of ICE HSI to not discuss open6990investigations, but if the request is narrowed, HSI may be able to6991provide additional information.6992                   designation of domestic terrorist6993    Question 7a. Has there been a change in the U.S. Government's6994nomination process for known and or suspected domestic terrorists to6995the terrorist watch list? Is ICE nominating individuals or entities as6996domestic terrorists for inclusion in the FBI's Terrorist Screening6997Dataset? If so:6998    Question 7b. How many individuals have been added to the domestic6999terrorist watch list at your agency's request?7000    Question 7c. What are your criteria for concluding an individual or7001entity is a domestic terrorist?7002    Question 7d. Does your criteria include impeding immigration7003enforcement activities?7004    Answer. The FBI administers the Threat Screening Center (TSC),7005which is a multi-agency body that maintains the Terrorist Screening7006Dataset (TSDS). Nominations to the TSDS are submitted through the7007National Counterterrorism Center (NCTC) and the TSC. ICE respectfully7008defers to the FBI for additional details on the TSC, TSDS, and other7009terrorism tracking or criteria-related questions.7010    Question 8a. Over the past year, how many times have ICE agents and7011officers used the justification of suspected domestic terrorist to take7012law enforcement actions?7013    Is ICE using the justification of alleged domestic terrorist7014activity to deploy surveillance tools and monitor U.S. citizens to7015include lawful protestors?7016    Question 8b. Was Renee Good or Alex Pretti known to law enforcement7017or in any database maintained by DHS prior to their killings?7018    Answer. ICE investigations and law enforcement actions are7019conducted based on allegations of suspected violations of specific7020statutes within ICE's investigative and enforcement authority.7021    ICE does not comment on the specifics of an on-going investigation,7022including operational planning, decision making, personnel involvement,7023or other related matters. Once the investigation is concluded,7024information may be made available in accordance with applicable laws7025and regulations.7026                      agent and officer operations7027    Question 9. How many ICE agents and officers are currently equipped7028with body-worn cameras?7029    Answer. The fiscal year 2023 and fiscal year 2024 funding allowed7030ICE to procure and support approximately 6,200 body-worn cameras (BWCs)7031for Law Enforcement Officers (LEOs). Please see the table below for a7032breakout of current funding (assuming a full-year continuing7033resolution) versus the additional funding needed to deploy BWCs7034nationwide.70357036                        BODY WORN CAMERA PROGRAM7037                                ($ in K)7038------------------------------------------------------------------------7039                                                  Additional  Additional7040                                                     Base       One Big7041                                       Full Year  Budget for   Beautiful7042                                       CR Budget   Full BWC    Bill Act7043                                                  Deployment     LEOs7044------------------------------------------------------------------------7045LEO's supported/BWC units............      6,200       6,390      11,0007046Equipment Non-Pay Costs:7047    BWC Unit cost....................       $500      $4,700      $8,1007048    Licensing & Storage..............     $2,700      $2,600      $4,1007049    Ancillary Equipment..............       $100      $1,100      $1,8007050    IT Security & Maintenance........       $400      $1,200      $1,2007051    Administrative Operations             $1,800      $1,200      $1,2007052     (Travel, Training)..............7053                                      ----------------------------------7054      Subtotal Non Pay...............     $5,500     $10,800     $16,4007055                                      ----------------------------------7056Program Management Costs:7057Positions:7058    22 Positions.....................     $3,684  ..........  ..........7059    Additional Two Base Positions....  .........        $700  ..........7060    Additional Two Positions to        .........  ..........        $7007061     support OBBB expansion..........7062                                      ----------------------------------7063      Subtotal PMO...................     $3,684        $700        $7007064                                      ----------------------------------7065      Total..........................     $9,184     $11,500     $17,1007066------------------------------------------------------------------------70677068    Question 10. How many additional body-worn cameras does ICE own7069that are not yet deployed to the field?7070    Answer. ICE currently has approximately 250 unissued BWC devices.7071These devices are used to replace any broken or malfunctioning devices7072and to replenish inventory at BWC deployed offices.7073    Question 11. What plans does ICE have to acquire additional body-7074worn cameras?7075    Answer. ICE has a BWC strategic deployment plan that can only be7076executed if the program is fully resourced. Please see the above chart7077that provides a breakout of current funding (assuming a full-year7078continuing resolution) versus the additional funding needed to deploy7079BWCs nationwide.7080    Question 12. Do ICE personnel have the authority to delete7081information, including videos, from members of the public's cell7082phones? If so, please cite the legal authority.7083    Answer. No.7084                     use of administrative warrants7085    Question 13. A memo you sent dated May 12, 2025 says that ``the DHS7086Office of General Counsel has recently determined that the U.S.7087Constitution, the Immigration and Nationality Act, and the immigration7088regulations do not prohibit relying on administrative warrants'' alone7089for arresting individuals subject to final orders of removal in their7090homes. Can you provide the specific citations justifying this7091determination?7092    Answer. The General Counsel published an op ed on administrative7093arrest warrants in the Wall Street Journal from earlier this year.7094Jimmy Percival, Opinion, How the Deep State Thwarted ICE Administrative7095Warrants, WALL ST. J. (Jan. 22, 2026), https://www.wsj.com/opinion/how-7096the-deep-state-thwarted-ice-administrative-warrants-70971a847297?msockid=1c7a20af356066672520365a34eb6795. The op ed references7098a variety of authorities, which include Abel v. United States, 362 U.S.7099217, 233 (1960), and United States v. Lucas, 499 F.3d 769, 778 (8th7100Cir. 2007) (en banc).7101      Questions From Honorable Delia C. Ramirez for Todd M. Lyons7102    Question 1. Please describe in detail the training that ICE and CBP7103officers receive on how to respond to protesters.7104    Answer. With respect to ICE, students at the ICE Enforcement and7105Removal Operations' (ERO) Basic Immigration Enforcement Training7106Program (BIETP) receive comprehensive instruction on responding to7107protesters in a manner that fully respects Constitutional protections.7108Students are taught that the Constitution imposes clear limitations on7109their authority, specifically prohibiting law enforcement activity7110conducted solely to monitor the exercise of an individual's right to7111peaceably assemble, including public demonstrations. When Government7112actions may impact this fundamental right, officers must ensure any7113intervention is based on a valid law enforcement purpose.7114    The curriculum emphasizes that officers are prohibited from7115initiating investigations solely because of a group's social or7116political agenda, from sabotaging or neutralizing such agendas, and7117from leading groups into criminal activity that would not otherwise7118occur. Students are taught free speech is a fundamental right and are7119instructed that officers are not to diminish an individual's ability to7120exercise this right. Any law enforcement interference must be related7121to an authorized purpose, carried out using the least intrusive method,7122and conducted so as not to infringe upon the speaker's ability to7123deliver their message. This instruction ensures ERO officers operate7124within legal boundaries and uphold the fundamental rights of all7125individuals during encounters.7126    Question 2. Please describe in detail the training ICE and CBP7127officers receive on the rights of members of the press who are7128reporting on ICE/CBP activities.7129    Answer. With respect to ICE, students at BIETP are instructed that7130the Constitution establishes clear boundaries on an officer's7131authority, and that ERO activities must not be conducted solely for the7132purpose of monitoring individuals exercising their right to free press.7133Students are instructed that newsgathering is protected under the First7134Amendment and warrants appropriate Constitutional safeguards.7135Accordingly, reporters should not be prevented from reporting,7136photographing, or video recording from locations where they have lawful7137access. The curriculum reinforces the importance of upholding7138Constitutional rights while maintaining operational integrity and7139compliance with legal standards.7140    Question 3. Please describe in detail the training ICE and CBP7141officers receive on the rights of observers, and people recording their7142activities.7143    Answer. Please refer to the above response regarding BIETP training7144in responding to protesters.7145    Additionally, students at BIETP participate in Field Operations/7146Tactics scenarios that incorporate recognition and practical7147application of First Amendment rights, particularly regarding observers7148and their right to record. Throughout these exercises, students receive7149real-time assessments and evaluations from ERO and ICE Office of the7150Principal Legal Advisor instructors to ensure proper understanding and7151implementation of Constitutional protections.7152    Question 4. Do you agree that the right to record law enforcement7153activity is a Constitutionally-protected first amendment right?7154    Answer. Please refer to the above response regarding BIETP training7155regarding newsgathering.7156    Question 5. How is ICE relying on authority from NSPM-7 or7157information/databases compiled pursuant to NSPM-7 in its operations?7158    Answer. ICE does not rely on any authorities granted by the7159National Security Presidential Memorandum-7 (NSPM-7), nor is it7160compiling or utilizing any information or databases pursuant to NSPM-77161in its operations.7162    Question 6a. Reports indicate that at least 36 Salvadoran nationals7163were sent to the CECOT between March and April 2025. To date, only7164Kilmar Abrego Garcia has been returned to the United States; the rest7165are presumed to be in prison in El Salvador, if still alive. In several7166cases, family members were able to identify their loved ones through7167photos and flight logs and report they had no criminal history or7168outstanding arrest warrant in the United States or in El Salvador. In7169October and November 2024, the Inter-American Human Rights Commission7170issued precautionary measures for 4 individuals whom ICE reported as7171having been deported from the United States to El Salvador, but who7172could not be located in El Salvador. Media outlets in El Salvador later7173reported that the government of El Salvador told the Inter-American7174Human Rights Commission that they are in prison in El Salvador as a7175result of their initial detention by the United States Government.7176    Can ICE and USCIS confirm that all Salvadoran nationals sent to the7177CECOT had final deportation orders to El Salvador and no pending7178appeals or hearings before being put on the planes?7179    Answer. ICE follows all legal requirements under U.S. immigration7180law for aliens in their custody and who are removed from the United7181States. Throughout immigration proceedings, aliens maintain the right7182to pursue forms of relief as permitted by law and are afforded7183appropriate process. U.S. Citizenship and Immigration Services7184completes screening interviews in accordance with statutory and7185regulatory requirements and applicable guidance upon receipt of a7186referral from ICE.7187    DHS takes its responsibility to protect the homeland against7188violent transnational criminal organizations such as MS-13 seriously.7189DHS will not allow gang members, cartel affiliates, or other dangerous7190aliens to exploit U.S. immigration laws or threaten our national7191security and communities.7192    Question 6b. Do any people remain incarcerated in El Salvador under7193the terms of any agreement made between the U.S. Government and the7194government of El Salvador?7195    Answer. DHS defers to the U.S. Department of State (DOS) regarding7196any and all agreements between the United States and El Salvador. When7197ICE removes an alien with a final order of removal from the United7198States, he or she is no longer in ICE custody.7199    Question 6c. If so, who and what is the legal basis for their7200detention in El Salvador?7201    Answer. DHS defers to the DOS regarding any and all agreements7202between the United States and El Salvador.7203    Questions From Honorable Pablo Jose Hernandez for Todd M. Lyons7204    Question 1. I share my colleagues' frustration and outrage that7205this is the first time we have had ICE and CBP in front of this7206committee. The Trump administration said they were going after7207criminals, but that is not the reality on the ground. We have seen ICE7208and CBP target U.S. citizens, legal permanent residents, and7209individuals with lawful immigration status. They operate with complete7210disregard for people's legal status and their safety.7211    We also see ICE and CBP's constant illegal actions and abuses7212towards individuals with a severe lack of accountability for their7213harmful actions. Accountability is the foundation of justice.7214    Without accountability, crime worsens and trust in the system7215breaks down, and the trust in ICE and CBP is at all-time lows. People7216do not trust these agencies to keep them safe or do the right thing.7217    In my district, I've had constituents taken off the streets by CBP7218officers, forced onto planes, and carried thousands of miles away to7219detention facilities. CBP agents have violated their own policies by7220refusing to let my constituents in detention communicate with their7221lawyers.7222    On June 4, 2025, it became publicly known that Puerto Rico's7223Department of Transportation and Public Works (DTOP) disclosed personal7224information to HSI regarding allegedly undocumented individuals.\14\ On7225June 6, 2025, the Governor of Puerto Rico stated that DTOP had complied7226with a subpoena and was obligated under Federal law to share this7227information to avoid jeopardizing Federal funding.\15\ However, on June722810, 2025, the head of ICE in Puerto Rico publicly contradicted that7229claim, stating that no subpoena had been issued and that no such threat7230to withhold funding had been made.\16\7231---------------------------------------------------------------------------7232    \14\ https://www.elnuevodia.com/noticias/gobierno/notas/ice-y-dtop-7233confirman-intercambio-de-informacion-sobre-conductores-inmigrantes-en-7234puerto-rico/.7235    \15\ https://radioisla.tv/gobernadora-reconoce-entregaron-7236informacion-sobre-inmigrantes-a-hsi-en-enero/.7237    \16\ https://www.telemundopr.com/video/primera-pregunta/primera-7238pregunta-jefa-de-hsi-dice-que-dominicana-detenida-no-cuenta-con-7239estatus-migratorio/2724024/.7240---------------------------------------------------------------------------7241    Did ICE, HSI, or any other office under your leadership issue a7242subpoena to Puerto Rico's Department of Transportation and Public7243Works, yes or no?7244    Answer. On January 26, 2025, a DHS Immigration Enforcement7245Administrative Subpoena was served on the Directoria de Servicios al7246Conductor (DISCO) in San Juan, Puerto Rico. DISCO is a division within7247the Puerto Rico Department of Transportation and Public Works (DTOP)7248responsible for managing driver services, including issuing driver's7249licenses and motor vehicle registrations.7250    HSI routinely issues subpoenas as part of its standard7251investigative procedures to obtain records relevant to on-going7252investigations. The issuance of subpoenas is a lawful process conducted7253in accordance with Federal statutes and agency protocols. HSI has the7254statutory authority to issue administrative subpoenas under 8 U.S.C. 72551225(d)(4) that allows immigration officers to require the production7256of records and evidence relevant to immigration enforcement.7257    When HSI investigates individuals suspected of being unlawfully7258present in the United States, subpoenas may be issued to State and7259territorial agencies for data related to driver's license application7260or issuance. In these instances, records are sought to verify identity,7261residency, and eligibility. Information obtained may be utilized to7262support investigative efforts regarding potential violations of Federal7263immigration laws. Recipients of subpoenas are required to comply unless7264otherwise directed by a court.7265    Question 2. Was any Federal funding directly, or indirectly,7266mentioned, implied, or suggested in communications with Puerto Rico7267officials in connection with this data transfer?7268    Answer. No.7269    Question 3. If no subpoena existed, under what statutory authority7270did ICE obtain personally identifiable information from DTOP?7271    Answer. As noted above, a DHS Immigration Enforcement subpoena did7272exist. The HSI Special Agent in Charge for HSI San Juan stated in7273multiple media inquiries (links provided below) that a subpoena had7274been issued to DTOP.7275   El ICE pone bajo la lupa a Puerto Rico: piden listado de7276        extranjeros con licencia de conducir y otros datos--LA NACION7277   Redadas y denuncias por venganza: Dentro de la operacion de7278        deportacion del ICE en Puerto Rico: NPR (Adrian Florido)7279   Federales obtienen informacion sobre inmigrantes/Federal/7280        elvocero.com7281   Primera Pregunta: Jefa de HSI dice que dominicana detenida7282        no cuenta con estatus migratorio7283   Seguiran deportando inmigrantes en Puerto Rico! Entrevista a7284        directora HSI San Juan--YouTube (Sonia Valentin)7285   Directora del HSI asegura que no haran redadas en escuelas,7286        iglesias y hospitales--TeleOnce TV/Vivelo.7287    Question 4a. Has DMV or driver's license data from Puerto Rico been7288used in the last 2 years to identify, locate, or target individuals for7289enforcement action?7290    Answer. Yes. HSI has the statutory authority to issue7291administrative subpoenas under 8 U.S.C.  1225(d)(4) that allows7292immigration officers to require the production of records and evidence7293relevant to immigration enforcement including Department of Motor7294Vehicles driver's license and identification data.7295    Question 4b. If so, how was that data accessed?7296    Answer. Driver's license data may be obtained through a DHS7297Immigration Enforcement Subpoena issued under the Immigration and7298Nationality Act or another appropriate legal mechanism such as a7299judicial or grand jury subpoena.7300         Questions From Honorable Nellie Pou for Todd M. Lyons7301    Question 1a. Director Lyons: There have been reports that7302individuals who have standard immigration check-in meetings at field7303offices, including the Newark ICE Field Office, have become detained at7304these meetings and have also been subjected to being transferred to7305detention facilities outside of the State.7306    Does DHS or ICE inform individuals prior to these scheduled7307appointments regarding its plan to detain and transfer the individual7308at this appointment to a detention facility in or out of the State?7309    Answer. For the safety of the community and staff, to ensure an7310alien's presence at their scheduled appointments, and due to the7311availability of detention space, an alien is not informed in advance of7312their scheduled check-in that they may be detained.7313    Question 1b. Has ICE provided guidance to field office employees on7314detaining and transferring any and all individuals who arrive at field7315offices for regularly scheduled immigration appointments?7316    Question 1c. If yes, please provide all materials related to the7317guidance and directives.7318    Answer. No.7319    Question 2. During the hearing, Director Lyons committed to7320providing me with a list of the names and locations of all individuals7321who were detained by ICE in New Jersey and who were sent to other7322States and/or countries.7323    Director Lyons: Please provide a list with the following7324information:7325    i. The full legal name of each individual;7326    ii. The date each individual was initially detained;7327    iii. The location where each individual was originally detained;7328    iv. The date that each individual was transferred to another7329        facility;7330    v. The location of the facility each individual was initially7331        transferred to; and7332    vi. The current location of the individual (including any location7333        where the individual was last deported).7334    Answer. Please see Attachment A.\17\7335---------------------------------------------------------------------------7336    \17\ Due to length and the Law-Enforcement Sensitivity of some7337responses, the document has been retained in committee files.7338---------------------------------------------------------------------------7339    Question 3. Director Lyons: Please provide all information related7340to the reported Department of Homeland Security purchase of a warehouse7341Roxbury, New Jersey. This includes but is not limited to:7342    a. The location of the facility;7343    b. The intended detainee capacity of the facility;7344    c. Information regarding who will operate the facility (e.g.,7345        privately-run, Government-run);7346    d. Expected time line the DHS intends to open the facility to house7347        detainees;7348    e. The number of employees that will work at the facility during7349        any given day;7350    f. The number and type of medical staff DHS intends to have on7351        sight at the facility;7352    g. What, if any, medical capacity and care, the facility will7353        provide to detainees;7354    h. A list of, if any, partnerships or agreements between facility7355        and local hospitals to provide care to detainees that the7356        facility is unable to provide;7357    i. The number of designated areas at the facility for in-person7358        meetings with detained individuals and their lawyers or other7359        legal service providers;7360    j. The number of locations and technology at the facility made7361        available for detainees to conduct confidential legal phone7362        calls or virtual attorney visits.7363    Answer. The facility in Roxbury, New Jersey, is the subject of on-7364going litigation and ICE is unable to comment about operational7365specifics at this time.7366    Question 4a. Director Lyons and Commissioner Scott: Will ICE and7367CBP commit to pausing immigration enforcement operations at and around7368the World Cup and other FIFA-related fan events?7369    Answer. No.7370    Question 4b. If no, please provide all guidance and information7371pertaining to ICE's intended immigration enforcement actions, including7372but not limited information regarding:7373    i. The number of ICE and CBP agents are expected to be present at7374        the World Cup and other FIFA-related fan events;7375    ii. The length of time ICE and CBP agents will be present at World7376        Cup matches and FIFA-related fan events;7377    iii. The locations ICE and CBP agents intend to patrol and conduct7378        enforcement activities (including answers on whether agents7379        will be performing enforcement on public transit such as New7380        Jersey Transit and the Port Authority Trans-Hudson Line);7381    Answer. Releasing the specific details ahead of ICE's presence at7382any event would place officer and agent's safety at risk. Incidents of7383interference with DHS immigration enforcement operations have increased7384dramatically. ICE law enforcement and their families continue to be7385targeted and doxed, and assaults on our law enforcement staff have7386significantly increased. In fiscal year 2025, death threats against ICE7387personnel increased more than 8,000 percent, while threats of assault7388rose 7,900 percent. Actual assaults on ICE personnel increased more7389than 1,305 percent between January 21 and December 1, 2025, compared to7390the corresponding period in 2024. Total threats increased roughly 1,0007391percent year-over-year.7392    iv. What training DHS is providing to ICE and CBP to conduct its7393        enforcement activities;7394    v. What guidance DHS has provided to ICE and CBP in how to conduct7395        its enforcement actions;7396    Answer. ICE officers attend the Basic Immigration Enforcement7397Training Program at the Federal Law Enforcement Training Center. The7398curriculum is designed to expedite training while maintaining the7399rigorous standards expected of officers.7400    Through classroom instruction and scenario-based exercises,7401officers are trained to consider a host of factors when conducting an7402enforcement action while ensuring that any stop, questioning, or arrest7403is supported by appropriate legal standards. ERO Officers are provided7404with 14 days of pre-academy training to prepare them for BIETP after7405completing 42 days of the BIETP training: For newly-hired officers with7406prior Federal, State, or local law enforcement experience who7407previously exercised arrest authority, ICE has developed the Virtual7408Deportation Officer Training Program (V-DOTP). V-DOTP is an agency-7409specific training program delivered via a FLETC on-line training7410platform.7411    V-DOTP provides law enforcement instructional material that focuses7412on Title 8 enforcement, specialized training in immigration enforcement7413and removal operations, and various other training necessary to ensure7414that officers can perform their duties effectively and efficiently.7415    Finally, all new Special Agents must meet the same training7416standards and requirements that have always been required. Special7417Agent Trainees are required to complete the Criminal Investigator7418Training Program (CITP), which is 62 training days and HSI Special7419Agent Training (HSISAT) which is 40 training days; both still have the7420same qualifications, competencies, and performance benchmarks. Starting7421in October 2025, the HSISAT course was reduced from 65 to 40 days to7422remove duplicative and redundant content already covered in CITP or7423repeated within HSISAT itself.7424    Training does not end when recruits graduate from the academy. ICE7425officers go through rigorous on-the-job training and mentorship. This7426additional training is tracked on-line and monitored closely. The7427baseline courses at the Federal Law Enforcement Training Center provide7428a solid foundation for the situations our agents and officers will7429encounter in the field. As with most other fields, our workforce never7430stops learning. Each office is staffed with senior officials who7431mentor, coach, and train agents and officers every step of the way,7432preserving ICE's reputation as one of the most elite Federal law7433enforcement agencies in the United States.7434    vi. Any and all coordination plans ICE and CBP are providing to7435        State and local law enforcement as it relates to immigration7436        enforcement activities; and7437    vii. Any and all guidance between ICE, CBP, and State and local law7438        enforcement when fans or players may be detained by ICE,7439        including processes to allow detained players or fans to inform7440        their legal counsel, team, or family members of their7441        detention.7442    Answer. ICE will respond to law enforcement agencies (LEAs) working7443at World Cup events. ERO Dallas will designate officials who can be7444reached as points of contact for immigration-related questions or7445concerns. Similarly, ERO Newark will utilize a command center to7446coordinate operations and provide real-time support.7447    Question 5a. Director Lyons: Does DHS have a standard deadline by7448which it must provide Congressional offices to receive information from7449ICE after submitting constituent privacy forms?7450    Question 5b. If yes:7451    i. What is the time frame and is it standardized across all ICE7452        field offices?7453    ii. What policies, internal performance standards, or7454        accountability measures does DHS have in place to work to meet7455        this time frame?7456    Question 5c. If no: Will DHS commit to adopting a minimum time line7457to provide responses to Congressional offices?7458    Answer. No. As each case differs in volume and complexity, there is7459no standard time line by which ICE responds to Congressional inquiries7460after receiving constituent privacy forms. ICE is processing an7461unprecedented volume of Congressional inquiries and thanks you for your7462patience. Support staff being furloughed or operating without pay for7463roughly 100 days in fiscal year 2026 only further contributed to an7464already historic backlog of inquiries, and the agency continues to work7465tirelessly to mitigate the consequences of Congressional Democrats'7466refusal to fully and timely fund ICE. While there is no realistic way7467to adopt the requested ``minimum time line,'' ICE works diligently to7468provide comprehensive, accurate responses to all Congressional7469inquiries while also processing briefing requests, facility visit7470requests, and other requests for information, as quickly as possible.7471    Question 6a. Director Lyons: Does ICE's protocols and procedures7472for notifying family or legal counsel when a detainee has become7473hospitalized while under its care and supervision, including but not7474limited to, sharing information about the date and time of the medical7475incident, the current condition of the detainee, and where the detainee7476has been transferred to for medical care?7477    Question 6b. If yes, please provide a copy of the procedures and7478guidance.7479    Question 6c. If no, will DHS commit to swiftly adopting7480notification procedures that include immediate notification to family7481and/or legal counsel when a detainee has been injured or experiences a7482medical emergency?7483    Answer. ICE's detention standards govern ICE's responsibility of7484notifying family and/or legal counsel in the case of hospitalization.7485ICE's detention standards are available on its public-facing website7486and may be accessed here: https://www.ice.gov/detain/detention-7487management.7488    Question 7. Director Lyons: Does DHS have an incentive bonus7489(formally or informally provided) for ICE agents to make arrests and7490detentions?7491    Answer. No.7492    Question 8. Director Lyons: With respect to detainee transfers7493conducted by ICE, what procedures are in place to provide advance7494notice to a detainee's family members and legal counsel prior to7495transfer to another facility?7496    Answer. Per ICE national detention standards and the ICE directive7497on detainee transfers, immediately prior to transfer, the sending7498facility will ensure the detainee is informed, in a language or manner7499he or she can understand that he or she is being transferred to another7500facility and is not being removed. For safety and security, ICE does7501not notify a detainee or their family before the transfer takes place.7502Detainees are afforded the opportunity to notify family members of7503their transfer upon admission to a new facility. To do so, detainees7504retain access to telephone and visitation while housed in ICE detention7505facilities. ICE notifies the legal representative-of-record of the7506transfer as soon as practicable, but no later than 24 hours after the7507detainee is transferred.7508    Question 9. Director Lyons and Commissioner Scott: Which law7509enforcement entities would have jurisdiction over individuals arrested7510or detained at World Cup and other FIFA-related fan events?7511    Answer. ICE conducts enforcement and removal operations within the7512interior of the United States. As a result, ICE agents and officers may7513arrest aliens who are in the United States unlawfully and are otherwise7514removable from the United States.75157516                                 [all]