[House Hearing, 115 Congress]
[From the U.S. Government Publishing Office]

BOOTS AT THE BORDER: EXAMINING THE NATIONAL GUARD DEPLOYMENT TO THE
SOUTHWEST BORDER

=======================================================================

HEARING

BEFORE THE

SUBCOMMITTEE ON
BORDER AND
MARITIME SECURITY

OF THE

COMMITTEE ON HOMELAND SECURITY
HOUSE OF REPRESENTATIVES

ONE HUNDRED FIFTEENTH CONGRESS

SECOND SESSION

__________

JULY 24, 2018

__________

Serial No. 115-72

__________

Printed for the use of the Committee on Homeland Security

[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]

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

__________

U.S. GOVERNMENT PUBLISHING OFFICE
34-349 PDF WASHINGTON : 2019

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COMMITTEE ON HOMELAND SECURITY

Michael T. McCaul, Texas, Chairman
Lamar Smith, Texas Bennie G. Thompson, Mississippi
Peter T. King, New York Sheila Jackson Lee, Texas
Mike Rogers, Alabama James R. Langevin, Rhode Island
Lou Barletta, Pennsylvania Cedric L. Richmond, Louisiana
Scott Perry, Pennsylvania William R. Keating, Massachusetts
John Katko, New York Donald M. Payne, Jr., New Jersey
Will Hurd, Texas Filemon Vela, Texas
Martha McSally, Arizona Bonnie Watson Coleman, New Jersey
John Ratcliffe, Texas Kathleen M. Rice, New York
Daniel M. Donovan, Jr., New York J. Luis Correa, California
Mike Gallagher, Wisconsin Val Butler Demings, Florida
Clay Higgins, Louisiana Nanette Diaz Barragan, California
Thomas A. Garrett, Jr., Virginia
Brian K. Fitzpatrick, Pennsylvania
Ron Estes, Kansas
Don Bacon, Nebraska
Debbie Lesko, Arizona
Brendan P. Shields, Staff Director
Steven S. Giaier, General Counsel
Michael S. Twinchek, Chief Clerk
Hope Goins, Minority Staff Director

------

SUBCOMMITTEE ON BORDER AND MARITIME SECURITY

Martha McSally, Arizona, Chairwoman
Lamar Smith, Texas Filemon Vela, Texas
Mike Rogers, Alabama Cedric L. Richmond, Louisiana
Lou Barletta, Pennsylvania J. Luis Correa, California
Will Hurd, Texas Val Butler Demings, Florida
Clay Higgins, Louisiana Nanette Diaz Barragan, California
Don Bacon, Nebraska Bennie G. Thompson, Mississippi
Michael T. McCaul, Texas (ex (ex officio)
officio)
Paul L. Anstine, Subcommittee Staff Director
Alison B. Northrop, Minority Subcommittee Staff Director/Counsel

C O N T E N T S

----------
Page

Statements

The Honorable Martha McSally, a Representative in Congress From
the State of Arizona, and Chairwoman, Subcommittee on Border
and Maritime Security:
Oral Statement................................................. 1
Prepared Statement............................................. 3
The Honorable Filemon Vela, a Representative in Congress From the
State of Texas, and Ranking Member, Subcommittee on Border and
Maritime Security:
Oral Statement................................................. 4
Prepared Statement............................................. 5
The Honorable Bennie G. Thompson, a Representative in Congress
From the State of Mississippi, and Ranking Member, Committee on
Homeland Security:
Prepared Statement............................................. 7

Witnesses

Mr. Rodolfo Karisch, Chief Patrol Agent, Tucson Sector, U.S.
Border Patrol, U.S. Department of Homeland Security:
Oral Statement................................................. 8
Prepared Statement............................................. 10
Mr. John F. Nichols, Adjutant General, Texas National Guard:
Oral Statement................................................. 12
Prepared Statement............................................. 14
Mr. Michael T. McGuire, Adjutant General, Arizona National Guard:
Oral Statement................................................. 15
Prepared Statement............................................. 16

For the Record

The Honorable J. Luis Correa, a Representative in Congress From
the State of California:
Letter From Governor Edmund G. Brown, Jr. of California........ 33
Executive Order From Governor John W. Hickenlooper of Colorado. 33
Press Release From Governor Dannel P. Malloy of Connecticut.... 35
Press Release From Governor John Carney of Delaware............ 35
Tweets From Governor Larry Hogan of Maryland................... 36
Tweet From Governor Steve Bullock of Montana................... 36
Press Release From Governor Phil Murphy of New Jersey.......... 36
Statement From Governor Andrew M. Cuomo of New York............ 36
Press Release From Governor Roy Cooper of North Carolina....... 37
Tweets From Governor Kate Brown of Oregon...................... 37
Tweet From Governor Tom Wolf of Pennsylvania................... 37
Statement From Governor Gina Raimondo of Rhode Island.......... 37
Statement From Governor Phil Scott of Vermont.................. 37
Press Release From Governor Ralph Northam of Virginia.......... 38

Appendix

Questions From Honorable Filemon Vela for Rodolfo Karisch........ 41

BOOTS AT THE BORDER: EXAMINING THE NATIONAL GUARD DEPLOYMENT TO THE
SOUTHWEST BORDER

----------

Tuesday, July 24, 2018

U.S. House of Representatives,
Committee on Homeland Security,
Subcommittee on Border and Maritime Security,
Washington, DC.
The subcommittee met, pursuant to notice, at 2:43 p.m., in
room HVC-210, Capitol Visitor Center, Hon. Martha McSally
[Chairwoman of the subcommittee] presiding.
Present: Representatives McSally, Hurd, Bacon, Vela,
Richmond, Correa, Demings, and Barragan.
Ms. McSally. The Committee on Homeland Security,
Subcommittee on Border and Maritime Security will come to
order. Subcommittee is meeting today to examine policies that
impact the Department's ability to secure the border. I now
recognize myself for an opening statement.
After chairing the subcommittee over the past 2\1/2\ years,
leading many hearings, visiting different regions of the
Southern Border, and spending time at the border in my State
with ranchers, Homeland Security Secretary Nielsen, Border
Patrol agents, and local law enforcement, I am confident when I
say that border security is National security. We continue to
see growing levels of illegal drugs, dangerous gang and
transnational criminal organization activity, as well as
illegal immigration flow, across our Southern Border.
This not only poses a threat to our communities and
families but also our rule of law. When our borders are not
respected, our sovereignty is not respected. That is why we
need a multifaceted approach to border security that the
Department continues to reiterate, including a combination of
border wall, technology, access, and personnel using
intelligence-driven operations to detect and intercept the
illegal flow.
Today, our focus is on personnel and the capabilities at
the border. Staffing shortages at both the ports of entry and
in Border Patrol are exacerbated by both the hiring process
that takes far too long and retention challenges that have
persisted for years with no signs of abatement. CBP is
critically understaffed and remains well below its
Congressionally-mandated staffing levels by more than 1,000 CBP
officers and 1,900 Border Patrol agents. Combined with the
growing crisis along the Southwest Border, this shortage has
put our Nation's security at risk.
In April, President Trump announced the deployment of the
National Guard to help secure the Southwest Border, a decision
I wholeheartedly support. Such a deployment is not a new
concept. U.S. Customs and Border Protection and the National
Guard have a long-standing successful working relationship due
to cooperation on counterdrug task forces as well as through
past operational deployments to the border. The number of
illegal border crossings leading up to April's announcement
shows an urgent need to address the on-going situation.
We witnessed a 207 percent increase from March 2017
compared to March 2018, and a 244 percent increase from April
2017 to April 2018. Over the last 3 months, National Guardsmen
and women have been operating along the border to help execute
logistical and administrative support, operate sensor and
imaging detection systems, provide mobile communications,
augment border-related intelligence analysis efforts, build and
install border security infrastructure, and many other
functions. The National Guard deployment allows the opportunity
to put badges back on the border so they can enforce the law,
and interdict and apprehend those who are illegally crossing.
This support can also help CBP process people and goods
faster at our ports of entry, freeing up our highly-skilled
officers to conduct law enforcement interviews and inspections
instead of handling logistical and administrative duties.
Governor Doug Ducey in my home State of Arizona was one of the
first Governors to answer the President's call. Today, 657
Arizona personnel support Operation Guardian Support. However,
these operations are not just the responsibility of the 4
Southwest Border States--this is a National mission and it is
appropriate that everyone pitch in to reinforce our defense of
the homeland.
I am happy to see National Guard units from across the
country have contributed by sending helicopters, personnel, and
other resources to support this important mission. For decades,
the Department of Defense has been a key partner in supporting
CBP's border security efforts. The brave men and woman of DHS
have worked tirelessly alongside their DOD counterparts in the
name of defending our homeland. I want to thank all of you for
your service. The service is not lost on us.
The DOD has, and I suspect, will continue to play an
important role in helping us secure the border into the future.
For that reason, we need to make sure they have certainty about
funding and even further, take a long hard look at their
continued assistance with homeland defense activities. Though
the National Guard helps alleviate the staffing shortages at
the border, we cannot continue to surge our citizen soldiers
and their resources for just brief periods of time and recall
them shortly after, and expect whatever gains are made won't
deteriorate once these assets return home.
We need to have a post-surge plan and sustained operations
to increase situational awareness and gain operational control
of the border. In addition to being the Chair of this
subcommittee, I am 1 of 9 Members of Congress who represents a
border district. My constituents have waited too long for
Washington, DC to provide all the resources, strategy, manpower
required to secure the border and stop the cartel activity in
our communities.
Today, we are here to examine the deployment of the
National Guard personnel to the Southwest Border, their ability
to enhance CBP operations in Texas and Arizona, specifically,
these duties of National Guard troops, and coordination efforts
between DHS and DOD. I basically want to know how is it going,
how is the missioning happening and what else can we do to
support the mission, what successes have you had and what
barriers remain.
I would like thank all the witnesses for their time. I look
forward to hearing your testimony. With that, I yield to the
gentleman from Texas, Mr. Vela, for any statement he would like
to give.
[The statement of Chairwoman McSally follows:]
Statement of Chairwoman Martha McSally
July 24, 2018
After chairing this subcommittee over the past 2\1/2\ years,
leading many hearings, visiting the different regions of the Southern
Border, and spending time at the border in my State with ranchers,
Homeland Security Secretary Nielsen, Border Patrol agents, and local
law enforcement, I am confident when I say that border security, is
National security.
We continue to see growing levels of illegal drugs, dangerous gang,
and transnational criminal organization activity, as well as illegal
immigration flow, across our Southwest Border. This not only poses a
threat to our communities and families but also our rule of law.
When our borders are not respected, our sovereignty is not
respected. That is why we need a multi-faceted approach to border
security that the Department continues to reiterate, including a
combination of border wall, technology, access, and personnel using
intelligence-driven ops to detect and intercept the illicit flow.
Today, our focus is on personnel, and their capabilities at the
border.
Staffing shortages at both the ports of entry and in the Border
Patrol are exacerbated by both a hiring process that takes far too long
and retention challenges that have persisted for years, with no signs
of abatement.
CBP is critically understaffed and remains well below its
Congressionally-mandated staffing levels by more than 1,000 CBP
officers and 1,900 Border Patrol agents.
Combined with the growing crisis along the Southwest Border, this
shortage has put our Nation's security at risk.
In April, President Trump announced the deployment of the National
Guard to help secure the Southwest Border. A decision I wholeheartedly
support. Such a deployment is not a new concept. U.S. Customs and
Border Protection (CBP) and the National Guard have a long-standing
successful working relationship due to cooperation on counterdrug task
forces as well as through past operational deployments to the border.
The number of illegal border crossings leading up to the April
announcement shows an urgent need to address the on-going situation at
the border. We witnessed a 207 percent increase from March 2017
compared to March 2018, and a 244 percent increase from April 2017
compared to April 2018.
Over the last 3 months, National Guardsmen and women have been
operating along the border to help execute logistical and
administrative support, operate sensor and imaging detection systems,
provide mobile communications, augment border-related intelligence
analysis efforts, build and install border security infrastructure, and
other functions.
The National Guard deployment allows the opportunity to put badges
back on the border so they can enforce the law, and interdict and
apprehend those who are illegally crossing.
This support can also help CBP process people and goods faster at
our ports of entry, freeing up our highly-skilled officers to conduct
law enforcement interviews and inspections instead of handling
logistical and administrative duties.
Governor Doug Ducey in my home State of Arizona was one of the
first Governors to answer the President's call and today, 657 Arizona
personnel support Operation Guardian Support. However, these operations
are not just the responsibility of the 4 Southwest Border States--this
is a National mission and it is appropriate that everyone pitch in to
reinforce our defense of the homeland. I am happy to see that National
Guard units from across the Nation have contributed by sending
helicopters, personnel, and other resources to support the Southwest
Border security mission.
For decades, the Department of Defense has been a key partner in
supporting CBP's border security efforts. The brave men and woman of
DHS have worked tirelessly along with their DOD counterparts in the
name of defending the homeland, and I want to thank them for their
sacrifices. Your service is not lost on us.
The Department of Defense has, and I suspect, will continue to play
an important role in helping us secure the border into the future. For
that reason, we need to make sure they have some certainty about
funding and even further, we need to take a long hard look at their
continued assistance with homeland defense activities in the long-term.
Though the National Guard helps alleviate the staffing shortages at
the border, we cannot continue to surge our citizen soldiers and their
resources for a brief period of time, then recall them shortly after
and expect that whatever gains are made won't deteriorate once these
assets return home. We need to have a post-surge plan to sustain
operations, increase situational awareness, and gain operational
control of the border.
In addition to being the Chair of this subcommittee, I am one of 9
Members of Congress who represents a border district. My constituents
have waited too long for Washington, DC to provide the resources,
strategy, manpower required to secure the border and stop the cartel
activity in our communities.
Today we are here to examine the deployment of National Guard
personnel to the Southwest Border, their ability to enhance CBP
operations in Texas and Arizona, specific duties of National Guard
troops, and coordination efforts between DHS and DOD.
I would like to thank the witnesses for their time and I look
forward to hearing their testimony.
With that, I will yield to the gentleman from Texas, Mr. Vela, for
any statement he would like to give.

Mr. Vela. Thank you, Chairwoman McSally for holding this
hearing. Today, we will discuss the most recent National Guard
deployment to our Southern Border. As I stated on the day this
deployment was announced, this is a horrendous idea. As with
many of this administration's justifications for misguided
border security actions, context and strategy are completely
lacking. The Southern Border is not a lawless war zone. What
chaos we have seen has been created by this administration.
My district is in the Border Patrol's Rio Grande Valley,
one of the higher-traffic sectors along the Southern Border.
This sector has the second-largest number of Border Patrol
agents assigned to it only behind Tucson. We also have a large
contingent of Texas Department of Public Safety personnel
assisting the Border Patrol. I know that our local law
enforcement officials are engaged in keeping our communities
secure along this stretch of the border.
In addition the Texas National Guard has an on-going border
security mission ever since former Governor Rick Perry deployed
1,000 Guardsmen to the Texas-Mexico border in 2014. To say that
the border is lawless is a lie. Deploying National Guard
personnel to the Southern Border is not new, but the
circumstances for this deployment are unusual. Facts and
context matter despite the administration's repeated attempts
to frame them in a way that justifies its misguided and
inhumane policies.
As you can see in this graph, there were 70 percent fewer
apprehensions in March 2018, a month before President Trump's
order and then a month before President Bush's 2006
mobilization. In 2006, U.S. Customs and Border Protection had
50 percent fewer Border Patrol agents on board than we have
today, and the average agent apprehended approximately 97
people per year. For context, in 2017, the average Border
Patrol agent apprehended less than 20 people per year across
all Northern and Southern Border sectors. To say that
immigrants are overrunning our border is a lie.
The purposes for the prior two deployments were also
different than the one launched earlier this year. During
Operation Jumpstart, the Bush administration was in the midst
of hiring and training thousands more Border Patrol agents.
Once staffing levels increased by 40 percent, the operation
ended in 2008.
Operation Phalanx was launched in 2010 when cartel violence
on the Mexican side was rising and the threat of spillover
violence was a serious concern. Today, apprehension levels are
at the lowest levels we have seen since the early 1970's and
the threat of border violence is less. The purposes for this
new deployment are purely reactionary and political.
Let us remember that in early April, the President was
reacting impulsively to backlash from the far right about the
spending bill we had--he had just signed that had less than the
$25 billion he wanted for his boondoggle border wall. DHS had
also just reported that apprehension levels were rising as they
typically do in the early spring months. Keep in mind that more
than one-third of apprehensions along the Southwest Border in
the first 5 months of fiscal year 2018 were of unaccompanied
children and families.
We know that these individuals often seek out Border Patrol
agents in order to request asylum or other humanitarian aid.
The White House and the rest of the administration spun itself
up into a frenzy over the so-called caravan and the President
announced his intention to militarize our border. DHS and DOD
then had to scramble to pull together this deployment in the
following weeks.
Around the same time, the administration began to
criminally charge apprehended adults, separate families without
a thought to reunification, and to obstruct people legally
seeking asylum at our ports of entry. The reasons for this new
National Guard deployment and harsh immigration policies had to
be overblown, and the chaos that the administration was
claiming as justification was fabricated.
Clearly, mobilizing the National Guard to support CBP
operations can be done with a clear purpose and strategy. This
does not seem to be the case this time around. I thank our
witnesses for joining us today. But I fear that your time and
resources are being misspent on a deployment that may be
nothing more than political show. Nonetheless, I thank you for
joining us this afternoon and I yield back the balance of my
time.
[The statement of Ranking Member Vela follows:]
Statement of Ranking Member Filemon Vela
July 24, 2018
Today we will discuss the most recent National Guard deployment to
our Southern Border. As I stated on the day this deployment was
announced, this is a horrendous idea. As with many of this
administration's justifications for misguided border security actions,
context and strategy are completely lacking.
The Southern Border is not a lawless war zone, and what chaos we
have seen has been created by this administration. My district is in
the Border Patrol's Rio Grande Valley sector--one of the higher-traffic
sectors along the Southern Border. This sector has the second-largest
number of Border Patrol agents assigned to it, only behind Tucson.
We also have a large contingent of Texas Department of Public
Safety personnel assisting the Border Patrol, and I know that our local
law enforcement officials are engaged in keeping our communities secure
along this stretch of the border. In addition, the Texas National Guard
has an on-going border security mission ever since former Governor Rick
Perry deployed 1,000 Guardsmen to the Texas-Mexico border in 2014.
To say that the border is lawless is a lie.
Deploying National Guard personnel to the Southern Border is not
new but the circumstances for this deployment are unusual. Facts and
context matter despite the administration's repeated attempts to frame
them in a way that justifies its misguided and inhumane policies.
As you can see in this graph, there were 70 percent fewer
apprehensions in March 2018--a month before President Trump's order--
than in the month before President Bush's 2006 mobilization. In 2006,
U.S. Customs and Border Protection had 50 percent fewer Border Patrol
agents on-board than we have today, and the average agent apprehended
approximately 97 people per year.

For context, in 2017 the average Border Patrol agent apprehended
less than 20 people per year across all Northern and Southern Border
sectors. To say that immigrants are overrunning our border is a lie.
The purposes for the prior two deployments were also different than
the one launched earlier this year. During Operation Jump Start, the
Bush administration was in the midst of hiring and training thousands
more Border Patrol agents, and once staffing levels increased by 40
percent, the operation ended in 2008. Operation Phalanx was launched in
2010 when cartel violence on the Mexican side was rising and the threat
of spillover violence was a serious concern.
Today, apprehension levels are at the lowest levels we have seen
since the early 1970's and the threat of border violence is less. The
purposes for this new deployment are purely reactionary and political.
Let's remember that in early April, the President was reacting
impulsively to backlash from the far-right about the spending bill he
had just signed that had less than the $25 billion he wanted for his
boondoggle border wall.
DHS had also just reported that apprehension levels were rising as
they typically do in the early spring months. Keep in mind that more
than one-third of apprehensions along the Southwest Border in the first
5 months of fiscal year 2018 were of unaccompanied children and
families. We know that these individuals often seek out Border Patrol
agents in order to request asylum or other humanitarian aid.
The White House and the rest of the administration spun itself up
into a frenzy over the so-called ``caravan,'' and the President
announced his intention to militarize our border. DHS and DOD then had
to scramble to pull together this deployment in the following weeks.
Around that same time, the administration began to criminally
charge apprehended adults, separate families without a thought to
reunification, and obstruct people legally seeking asylum at our ports
of entry.
The reasons for this new National Guard deployment and harsh
immigration policies had to be overblown, and the chaos that the
administration was claiming as justification was fabricated. Clearly,
mobilizing the National Guard to support CBP operations can be done
with a clear purpose and strategy. This does not seem to be the case
this time around.
I thank our witnesses for joining us today, but I fear that your
time and resources are being misspent on a deployment that may be
nothing more than political show.

Ms. McSally. The gentleman yields back. Other Members of
the committee are reminded that opening statements may be
submitted for the record.
[The statement of Ranking Member Thompson follows:]
Statement of Ranking Member Bennie G. Thompson
July 24, 2018
I believe this most recent deployment of the National Guard to our
Southern Border has left many of us with more questions than answers.
This is no surprise given that the rationales for many actions the
Trump administration has taken in the name of border security over the
past 18 months do not align with facts. Ever since this deployment was
announced, Members of Congress have been trying to find out what
exactly prompted it and other critical details about its mission.
For instance, did DHS conduct some type of assessment that
identified a new National Guard deployment as a necessity? Is there a
strategy and plan in place for this deployment? How long will the
deployment last? How much will it cost? These are basic questions that
my colleagues and I are still waiting to have answered.
In April of this year, Ranking Member Vela and I along with other
Ranking Members wrote to Secretaries Nielsen and Mattis asking for
information about the latest deployment of the National Guard to the
Southwest Border. In response to a question about whether DHS had
previously determined National Guard support was a necessity, DHS
pointed to President Trump's memorandum as the reason for the
deployment.
This answer leads me to believe that DHS and the DOD were caught
off guard and either did not plan in advance or had to rush on-going
planning to meet the White House's directive.
The apparent lack of an assessment is especially startling in light
of DHS's own data. Before Operation Jump Start in 2006, Border Patrol
reported well over a million apprehensions a year. Last year, in 2017,
the Border Patrol apprehended less than 310,000 people--one-third of
what the apprehension rate was more than a decade ago.
DHS's own data shows that overall apprehension levels along the
U.S.-Mexico border are at the lowest levels we have seen in more than
40 years.
As Ranking Member Vela previously stated, the border is not
lawless, as the President has argued repeatedly. Law enforcement
personnel at all levels of government are active in the region and at
levels that are higher now than in previous years.
In addition to the lack of an assessment, the administration has
not provided answers about the estimated cost of the current operation,
where the money will come from, and whether funding will have to be
taken from other priorities to pay for these operations.
Six years ago, this very subcommittee held another hearing on
previous National Guard deployments to the border. Major General John
Nichols, here today, testified at that hearing, along with the
Government Accountability Office, that the two previous National Guard
deployments to the border cost roughly $1.35 billion, a substantial
amount of money.
The funds for the current deployment will have to come from
somewhere within the Department of Defense and will presumably affect
other National security interests.
Compounding the absence of cost information is the lack of a time
frame or end date for the deployment. The President and both
Secretaries stated in early April that this deployment will continue
until the ``border is secure.'' But, what metric is this administration
going to use to measure this vague goal?
This goal is an open question this committee has wrestled with for
years, and I would like to know how the Trump administration intends to
define a ``secure border.'' Are States, such as Texas and Arizona,
expected to keep their Guardsmen permanently deployed on border
security support missions? If so, that will likely have very serious
budget and readiness implications for our military and National Guard
as a whole.
Smart, effective border security strategies have always been and
will continue to be a bipartisan goal. However, given the politically
motivated and reactionary way this administration has approached border
security, I have serious doubts that a well-thought-out strategy, or at
least consideration of second- and third-order consequences of rushed
decisions, are driving any of it.
A hasty and poorly designed deployment will have unintentional
repercussions and negative effects not only on our border communities,
but on our National security as well.
Though I remain opposed to this current deployment, I thank the
witnesses for agreeing to testify before us today. I know you are
primarily tasked with the operational aspects of this deployment, but I
hope you are able to provide a clearer picture of the strategy guiding
your actions on the Southern Border.

Ms. McSally. We are pleased to have three distinguished
witnesses before us today. Chief Rodolfo Karisch is the chief
patrol agent for Tucson Sector and commander of the Joint Task
Force West Arizona. In this position, Chief Karisch leads more
than 3,900 agents and crucial support staff in one of the
busiest Border Patrol sectors in the Nation. Excuse me, and
that is where I represent.
Chief Karisch brings more than 33 years of law enforcement
experience to the Tucson Sector. Prior to joining Border Patrol
in 1986, he served at the El Paso Texas Police Department
starting in 1983. Major General John Nichols was reappointed to
be the adjutant general of Texas on March 17, 2016 where he
commands almost 25,000 soldiers and airmen of the Texas
Military Department.
General Nichols reports to the Texas Governor regarding the
Texas Army National Guard, Texas Air National Guard, and the
Texas State Guard. He received his bachelor of science in
aeronautical engineering for the U.S. Air Force Academy and
graduated from U.S. Air Force Squadron Officer School, Air
Command, and Staff College at War College and the Fighter
Weapons Instructor School.
Major General Michael McGuire is the adjutant general to
Arizona and the director of the Arizona Department of Emergency
and Military Affairs. In this role, General McGuire is
responsible for managing Arizona's Army and Air National Guard
joint programs along with the Division of Emergency Management.
He is in command of 8,000 members ranging--ranging from Federal
military and civilian personnel to State employees. General
McGuire was commissioned in the U.S. Air Force, at the U.S. Air
Force Academy. Oh, we got three academy grads in the room, in
1987.
The Chair now recognizes Chief Karisch for 5 minutes to
testify.

STATEMENT OF RODOLFO KARISCH, CHIEF PATROL AGENT, TUCSON
SECTOR, U.S. BORDER PATROL, U.S. DEPARTMENT OF HOMELAND
SECURITY

Mr. Karisch. Thank you, Chairwoman McSally, Ranking Member
Vela, and distinguished Members of the subcommittee. Thank you
for the opportunity to appear before you today on behalf of
U.S. Customs and Border Protection.
I have served as a Border Patrol agent for more than 30
years and I am honored to currently serve as the chief patrol
agent for Tucson sector. It is one of the busiest in the
Nation. In my experience on the front lines, I have seen the
threat that an unsecured border presents to our country and to
its people. I have seen smuggling and trafficking organizations
with zero regard for human life. I have seen flood of narcotics
coming across our border and I have seen the dangerous
criminals attempting to infiltrate our communities.
Furthermore, I have seen what works to secure our borders
and I have seen what does not. I know that having the support
of committed and dedicated National Guardsmen gives our agents
much-needed help while we work to increase our staffing in CBP.
There is more to border security than conducting patrols and
inspections. Many important jobs are behind the scenes. For
example, there are surveillance systems to monitor, fences to
repair, vegetation to clear and intelligence reports to analyze
to name just a few. All of these jobs are important to
operational control of the border. But not--but our officers
and agents cannot simultaneously carry out these jobs and our
law enforcement mission.
That is the purpose of Operation Guardian Support, to
provide additional personnel in support capacity, so more of
our agents can do important front-line work we need to protect
our Nation. On April 4, 2018, President Trump called on the
Department of Defense to expand their existing support of CBP's
border security mission. This has benefited CBP significantly.
Under Title 32 National Guard forces are supporting DHS
pursuant to the order of the President and Title 32 status
National Guard forces are ordered to duty by their respective
State Governors and remain under the command and control of the
State Governors. I would personally like to thank the Governors
who have deployed National Guard personnel in support of this
operation and our border security mission. I would also like to
thank the adjutant generals for their continued coordination
and cooperation with CBP.
Solutions like Operation Guardian Support are not new. The
Department of Defense and Department of Homeland Security have
long enjoyed a cooperative partnership and CBP's relationship
with the National Guard in particular is several decades long.
National Guard personnel support our Border Patrol office, the
Office of Field Operations and our air and marine operations
components. Their assistance increases our ability to detect,
deter, and respond to threats of all kinds including drugs,
weapons, illegal aliens, and possible terrorists, all while
helping CBP facilitate legitimate trade and travel.
Since Operation Guardian Support began in April, the
National Guard has contributed to thousands of apprehensions,
the seizure of thousands of pounds of dangerous drugs and
multiple resources. To be clear, in Operation Guardian Support,
National Guard personnel do not conduct law enforcement
activities and do not have direct contact with migrants.
However, their support accelerates improvements to border
security while CBP hires, trains, and equips additional
personnel.
For example, in my home sector of Tucson, National Guard
personnel assigned to the Ajo Border Patrol Station helped
vehicle mechanics complete an inspection of the station's
fleet. During the inspection, the National Guard mechanics
identified and repaired more than 80 vehicles with suspension
issues that could have led to significant safety hazards for
the Border Patrol agents patrolling in isolated areas. Without
the National Guard, it would have taken weeks to repair that
many vehicles. With the Guard's help, however the inspection
and repairs were completed in 2 days.
As the CBP continues to surge, hire more front-line CBP
agents and officers, acquire new technology, and to bill at the
border wall system, the National Guard is helping us close
security gaps and improve our National security. Operation
Guardian Support makes our community safer and our country more
secure, and I see the impact of these efforts every day.
Thank you for the opportunity to testify before you today
and I look forward to your questions.
[The prepared statement of Mr. Karisch follows:]
Prepared Statement of Rodolfo Karisch
July 24, 2018
introduction
Chairwoman McSally, Ranking Member Vela, and distinguished Members
of the subcommittee, thank you for the opportunity to appear before you
today on behalf of U.S. Customs and Border Protection (CBP).
As the chief patrol agent of U.S. Border Patrol's Tucson Sector, I
have seen the consequences of unsecured borders first-hand. I have seen
the inhumane results of human smuggling and human trafficking. I have
seen the flood of narcotics coming across our border. I have seen
dangerous criminals attempting to infiltrate our communities. I know
that an unsecured border threatens our country and our communities--and
that operational control of the border is a matter of National
security.
After a 45-year low in the number of apprehensions at the border,
we have seen an alarming increase in apprehensions over the past year,
and a shift in the demographics of those attempting illegal entry. In
support of CBP's efforts to attain operational control of our borders,
on April 4, 2018, President Trump directed the U.S. Department of
Defense (DOD) to expand its existing support of CBP's border security
mission.
DOD is supporting the Department of Homeland Security (DHS) with
National Guard personnel. These National Guard personnel are operating
in support of DHS pursuant to the authorization of the President. With
this authorization, National Guard personnel volunteer and are then
ordered to duty by their respective State Governors and remain under
the command and control of the State Governors. I would like to thank
the Governors who have deployed National Guard personnel in support of
this critical security mission.
cbp and the dod
At CBP, we are committed to building and strengthening partnerships
across the Government--it is one of Commissioner McAleenan's strategic
priorities. As such, we are committed to working closely with our
partners at DOD, united by the common purpose of keeping the United
States and its people safe and secure.
This working relationship between CBP and DOD--and with the
National Guard--is not new. DOD's U.S. Northern Command, U.S. Southern
Command, and U.S. Indo-Pacific Command already support our border
security missions. National Guard personnel have provided support--such
as counternarcotic operations and training mission sets--in areas
including Tucson, Yuma, and West Texas for decades. These operations--
which are not a part of the effort announced in April--have specific
objectives, scope, and areas of focus, and will proceed as planned.
While these efforts are valuable to our overarching mission, they are
not of the capability or duration that CBP requires to achieve
operational control of the border.
Previous administrations also directed DOD to authorize the use of
National Guard personnel to temporarily support CBP. National Guard
personnel have assisted CBP by providing aviation, operational,
logistical, and administrative support in Operation Jump Start from
2006 to 2008, and again in Operation Phalanx from 2010 to 2016.
Specifically, during Operation Jump Start, National Guard personnel
provided interim surveillance and reconnaissance (air, ground,
satellite imagery), linguist, air and ground transportation,
engineering (fences and roads), and logistics (medical, temporary
shelters, and food service) support to CBP while CBP recruited,
trained, and deployed additional agents. This interim support increased
situational awareness that led CBP to more than 173,000 arrests, the
rescue of 100 people, and the seizure of more than 300,000 pounds of
drugs. National Guard units built more than 37 miles of pedestrian
fence, more than 85 miles of vehicle fence, and more than 18 miles of
new all-weather roads. In addition, National Guard units repaired
nearly 700 miles of roads. But most importantly, Operation Jump Start
contributed to a significant decrease in illicit trafficking activity
in many areas of the border.
operation guardian support
CBP is making significant efforts to attain operational control,
including taking decisive action to meet our hiring goals and improve
our recruitment and hiring processes. Border security is a complex
mission, with infrastructure, personnel, and technology components. It
is more than patrolling. For example, there are surveillance systems to
monitor, fences to repair, and intelligence reports to analyze--to name
just a few.
In Operation Guardian Support, National Guard personnel are
providing temporary air support in the form of light and medium lift
helicopters; infrastructure support, such as road maintenance and
vegetation clearing; operational support, such as fleet maintenance and
repair and law enforcement communications assistance; and surveillance
support as surveillance camera operators.
To be clear, National Guard personnel do not conduct law
enforcement activities and do not have direct contact with migrants.
However, they are providing tremendous assistance to CBP. National
Guard support accelerates improvements to border security while CBP
hires, trains, and equips additional personnel. By taking on these
important supporting tasks, such as infrastructure repair or
surveillance assistance, these National Guard personnel enable Border
Patrol agents to focus on law enforcement activities at the border.
In addition to supporting Border Patrol personnel, National Guard
personnel also support CBP's Office of Field Operations personnel by
providing surveillance and operational support at ports of entry,
including support in cargo inspections and non-intrusive inspections.
Simply put, having National Guard personnel assist CBP at our ports of
entry expands our labor pool and, as a result, increases our ability to
detect, deter, and respond to threats of all kinds, including drugs,
weapons, illegal aliens, and possible terrorists, while helping CBP
facilitate legitimate trade and travel.
National Guard personnel also support Air and Marine Operations,
the CBP component that conducts tactical aviation and maritime
operations to strengthen overall security along the Southwest Border.
National Guard support helps augment these operations by providing more
aircraft and performing operational support functions. This puts more
pilots, aircrew, and aircraft into the field to support our security
mission.
Additional aerial surveillance resources also increase the security
of our front-line agents and officers. As Laredo Sector Assistant Chief
Patrol Agent Gabriel Acosta noted, ``Agents are often forced to work
alone and in remote areas. The aerial surveillance [the National Guard]
provide[s] allows us to have more awareness along the border and keep
the agents on the ground safe.''
making a difference
Since Operation Guardian Support began in April, CBP has carried
out thousands of apprehensions, seized thousands of pounds of dangerous
drugs, and performed multiple rescues.\1\
---------------------------------------------------------------------------
\1\ Effective July 4, 2018, approximately: 9,546 apprehensions;
2,915 turn-backs; 11,531 lbs. marijuana seized; 17 lbs. cocaine seized;
.05 oz. heroin seized; 7 lbs. methamphetamine seized; 48 conveyances
seized; $288 USD currency seized.
---------------------------------------------------------------------------
In May, Border Patrol agents in the San Diego Sector arrested a 31-
year-old woman on Interstate 15 for transporting 51 bundles of
methamphetamine inside her vehicle. After the woman's vehicle was
seized and transported to a secure facility, the vehicle underwent a
routine post-seizure inventory procedure. Under the oversight of Border
Patrol, a National Guardsman performing paralegal administrative
duties--who had recently come on duty as part of Operation Guardian
Support--noticed an anomaly in a door panel that led to the discovery
of 11 additional bundles of methamphetamine deeply concealed in the
vehicle. The bundles added more than 13 pounds of methamphetamine to
the seizure, which totaled more than 68 pounds with an estimated street
value of $206,000.
In June, Border Patrol agents from the McAllen Station in Texas
received information from Mexico's emergency call center regarding a
lost Mexican national in distress. Border Patrol agents operating an
aerostat camera located the lost migrant, who was suffering from
dehydration. The Border Patrol agents provided coordinates to a nearby
Texas Army Nation Guard helicopter pilot who was working under
Operation Guardian Support. Minutes later, the National Guard pilot
located the subject and quickly guided Border Patrol agents to the
location. There, a Border Patrol agent who is a certified Emergency
Medical Technician treated the lost Mexican national for dehydration.
In my home sector of Tucson, National Guard personnel attached to
the Ajo Border Patrol Station provided vehicle mechanics to help
complete an inspection of the station's fleet. During the inspection,
the National Guard mechanics identified and repaired more than 80
vehicles with suspension issues that could have led to significant
safety hazards for Border Patrol Agents patrolling in isolated areas.
As the Ajo Station Fleet Garage Supervisor Rich Barton said,
``Logistically speaking, an issue like this could have caused a major
nightmare for our garage staff. But with National Guard members
helping, it did not affect our fleet readiness. National Guard
personnel helped us complete the inspections and repairs within 2 days.
Without the Guard, it would have taken weeks to resolve the problems.''
While there are many other examples of the outstanding work enabled
by the National Guard's assistance, I have one more to share from Eagle
Pass, Texas, where a National Guardsman was instrumental in the safe
return of a 3-year-old child after a parental abduction. Shortly before
8 o'clock a.m. on May 31, Border Patrol agents at the Eagle Pass
Station received an Amber Alert issued by the State of Coahuila,
Mexico. The Amber Alert noted that the 3-year-old boy had been taken by
his non-custodial father and was possibly in danger. Approximately 2
hours later, a member of the Texas National Guard was monitoring
transmissions from camera towers near the Eagle Pass port of entry when
he spotted a man and a child who had crossed the Rio Grande River.
Border Patrol agents took both into custody and, after processing,
determined that the boy was the child identified in the Amber Alert.
The boy was turned over to the Mexican Consulate and reunited with his
mother.
As each of these examples illustrate, CBP and National Guard
personnel continue to work together to align resources that best fit
the needs of each sector, further enhancing the security and safety of
our Nation.
conclusion
Border security is National security--there is no difference. CBP's
decades-long partnership with the DOD and the National Guard allows us
to execute our mission to protect the United States from the ever-
evolving threats we face, including drugs, weapons, illegal aliens, and
terrorists. As CBP continues to surge hire more front-line CBP agents
and officers, acquire new technology, and develop the border wall
system, the National Guard is helping us close security gaps and
improve our National security. Operation Guardian Support makes our
communities safer, and our country more secure--and I see the impact of
these efforts every day.
Thank you for the opportunity to appear before you today. I look
forward to your questions.

Ms. McSally. Thank You, Chief Karisch. The Chair now
recognizes General Nichols for 5 minutes to testify.

STATEMENT OF JOHN F. NICHOLS, ADJUTANT GENERAL, TEXAS NATIONAL
GUARD

General Nichols. Good afternoon, Chairwoman McSally,
Ranking Member Vela, and Members of the subcommittee. I am
Major General John Nichols, adjutant general of Texas--the
Texas National Guard and Texas Military Department comprises
24,000 army air civilians and volunteers working all across the
State. We respond to Texas in times of need and also the
Nation.
We help it with border security, helping DPS, helping
Department of Homeland Security, Customs and Border Protection.
We also help the Texas Department of Emergency Management
fighting fires and most notably, Hurricane Harvey. We also
participated in Irma and Maria as Harvey settled and we could
lend our help to our fellow States. General Joe Lengyel, Chief
National Guard Bureau, is also a Texan. He will tell you and I
agree that our main mission is the defense of America. We
support America's Air Force and America's Army, fighting
America's Wars.
Our ability to train, deploy, and support the warfighter is
our No. 1 role. That is the reason why we exist and that is why
we are funded through Federal funding for our existence. Texas
National Guard has also always deployed when asked. Since 2001
we have deployed over 30,000 of our 24,000 members.
The second mission is to secure the homeland and protect
our communities from whatever that may hit us including man-
made terrorism, border security, or natural disasters. We
fulfill this every mission every single day. Currently, we have
2,300 members deployed supporting America overseas. We have
members on the border. We have members supporting counterdrug
and we have people fighting fires as we speak. Earlier this
year, President Trump authorized as part of this effort for
Federal troops up to 4,000-strong National Guard personnel
along the border.
Governor Abbott committed immediate support of a thousand
troops and we immediately deployed 250 along the Texas-Mexico
border under Operation Guardian Support. That started on April
6 and we have continued. We are no stranger to the border. We
have been in support of the State and the Nation securing the
border for many, many years and will continue as long as asked
to do that mission. We perform a variety of roles including
motor vehicle operations, logistic support, security
monitoring, administrative services, which enables the Border
Patrol agents to get back on the border where they are most
effective.
Guardsmen are expertly trained in surveillance,
reconnaissance, logistics, aviation, criminal analysis,
linguistics, support, and other advanced specialties. So we use
our military duties to help support Border Patrol. The Texas
National Guard has unique resources and equipment to support
our civilian partners, including the UH-72 Lakota with a
mission enhancement package. We are also employing the RC-26 in
Texas. We have 11 Lakota helicopters and we are supported by
Mississippi, Alabama, Georgia, South Carolina, Oklahoma, and
Florida currently. I would like to personally thank those
partner States for coming to our aid. We have flown 994 hours
so far on--during border operations.
Guardsmen assigned to Operation Guardian Support are
activated under Title 32 status. Currently the 72d Infantry
Brigade Combat Team based out of Houston is in charge of the
overall operation force under the full support and command of
Governor Abbott.
We deployed--when we deployed, we were sent to the
Southwest Border and we sent complete units and ready units as
opposed to pieces parts. So we mobilized a battalion that was
stationed already in El Paso and a battalion that was stationed
in the Rio Grande Valley. We will swap those commands out as
time goes on. But we are still supporting floods and fires. As
a matter of fact, the unit that was in Rio Grande Valley came
off station and supported Texas citizens during the recent
floods we had about 2 weeks ago, saved many lives and went back
to work.
Whenever our Nation has been threatened by external dangers
or suddenly plunged into war, the National Guard has helped to
secure and maintain security and safety of the homeland. Our
skills and capabilities gained from combat and our civilian
careers help us respond to domestic threats, such as chemical,
biological, radiological, and nuclear attacks, even large-scale
disasters and the new frontier, cyber attacks. The skillsets of
Guardsmen are strengthened by these missions. We also bring
that skillset to the Border Patrol.
That concludes my statement and I am ready for any
questions. Thank you.
[The prepared statement of General Nichols follows:]
Statement of John F. Nichols
July 24, 2018
Good morning Chairwoman McSally, Ranking Member Vela, Members of
the committee. My name is Major General John F. Nichols, the adjutant
general of Texas.
The Texas National Guard and Texas Military Department is comprised
of over 24,000 soldiers, Airmen, civilian employees, and volunteers
living and working across the State. We are Texans and we respond to
Texas and the Nation in times of need; through border security in
support of the Department of Public Safety, Department of Homeland
Security, and Customs and Border Protection (CBP)--wildfire suppression
in support of the Texas Department of Emergency Management and the
Texas Forestry Service--or most notably, in response to Hurricanes
Harvey, Irma, and Maria along our coasts. As always we stand ready to
support when called.
General Joseph Lengyel, Chief, National Guard Bureau (and also a
Texan) will tell you, and I agree with him, that the National Guard's
primary mission is to support the Army and the Air Force in fighting
America's wars. Our ability to train for, deploy to, and support the
warfight, is our No. 1 role, the No. 1 reason why we exist, and why the
United States funds us with Federal dollars. The Texas National Guard
has always deployed when asked. Since 2001 over 34,000 Texas Guard
soldiers and airmen have answered our Nation's call overseas.
The second mission of the National Guard is to secure the homeland
and protect our communities from whatever disaster might hit, whether
it's man-made terrorism, border security, or natural disasters. The
Guard fulfills this mission every single day across the 54 States and
territories and the District of Columbia.
The Guard's third mission is to build partnerships at the local,
State, Federal, and international level. Those partnerships enable both
our warfighting and homeland missions, and demonstrate our value to the
Nation.
As we sit here today, over 2,300 Texas Guardsmen are deployed to
locations across the globe in the warfight. In addition to our overseas
service members, over 1,200 Texas Guardsmen are deployed to the
Southwest Border, securing the homeland.
Earlier this year, President Trump authorized, as part of this
effort, Federal funds for up to 4,000 National Guard personnel along
the entire U.S.-Mexico border. Governor Greg Abbott committed immediate
support of 1,000 troops from Texas. Texas Guardsmen act as a force
multiplier to Federal, State, and local law enforcement working to
secure the Texas-Mexico border. CBP's Operation Guardian Support (OGS)
officially kicked off on April 6, 2018 with the first wave of 250
activated Texas Guardsmen. The Texas National Guard is no stranger to
the border and has served there in support of State and Federal partner
agencies for decades.
Texas Guardsmen perform a variety of support roles including motor
vehicle operations, logistics support, security monitoring, and
administrative services, enabling United States Border Patrol agents to
return to the field in a law enforcement capacity and build additional
capacity to improve operational efficiency. Guardsmen are expertly
trained in surveillance and reconnaissance, logistics support,
aviation, criminal analysis, linguistic support, and other advanced
specialties and systems. The Texas National Guard has unique resources
and equipment to support our civilian partners, including its UH-72
Lakota helicopter and RC-26 fixed-wing aircraft.
Guardsmen are deployed to support the needs of the CBP Sector
Chiefs along the 5 CBP sectors along Texas' Southwest Border, from the
Rio Grande Valley to El Paso.
Texas Task Force aviation currently along the Texas border includes
11 Lakota helicopters. Six States, in addition to Texas, are supporting
with aviation assets, to include Mississippi, Alabama, Georgia, South
Carolina, Oklahoma, and Florida. I want to personally thank these
partner States for accepting the mission to enhance border security.
Task Force Aviation has flown a total of 994.9 hours \1\ since the
beginning of this mission.
---------------------------------------------------------------------------
\1\ Numbers current as of 1200, 20 July 18.
---------------------------------------------------------------------------
Guardsmen assigned to CBP's Operation Guardian Support are
activated under title 32 duty status, allowing the Governor to maintain
command and control of his Guard force. Currently, the 72d Infantry
Brigade Combat Team based in Houston has command and control of Texas'
CBP OGS mission, behind the full support of Governor Abbott.
Texas Guardsmen deployed on OGS were sent to the Southwest Border
as complete, ready units. I made the choice to involuntarily deploy
these soldiers on 179-day orders, treating this mission like another
deployment. Units were selected strategically at the headquarters
level, in order to ensure that units maintain readiness for overseas
missions and remain prepared to respond to fires, floods, or hurricanes
when called upon by Governor Abbott.
Whenever the Nation has been threatened by external dangers or
suddenly plunged into war, the National Guard has helped to restore
security and safety by defending the homeland. Guardsmen use their
skills and capabilities gained from combat and their civilian careers
to respond to domestic threats such as chemical, biological,
radiological, and nuclear attacks, large-scale natural disasters, and
in the new frontier, cyber attacks. The skill sets of our Guardsmen are
strengthened by the diverse deployments we have experienced on State
and Federal missions. We remain prepared to support Texas and the
Nation, ready to respond when called.

Ms. McSally. Thanks, General Nichols. The Chair now
recognizes General McGuire for 5 minutes to testify.

STATEMENT OF MICHAEL T. MC GUIRE, ADJUTANT GENERAL, ARIZONA
NATIONAL GUARD

General McGuire. Chairwoman McSally and Ranking Member
Vela, Members of the subcommittee, thank you so much for this
opportunity today. On behalf of Governor Doug Ducey, I am proud
to represent the great State of Arizona and the 7,800 members
of the Arizona National Guard. Rather than reading my statement
I have submitted for the record, a written statement, I would
like to say as an opening remark, a little bit of difference
between us and Texas just in terms of size.
As John mentioned, he has nearly 24,000 Guardsmen. We have
just 7,800 Army and Air Guardsmen in the State currently tasked
for 657 of those to support the border as well as having about
a thousand of our soldiers and airmen currently tasked for
overseas missions in Afghanistan and Iraq. So, a large
percentage of that. Similar to Texas, we are doing all this
under the Title 32 Authority. We appreciate the support of
Homeland Security and Department of Defense to fund what we
believe is a Federal mission and that Border Security is a
National security issue.
We are also very, very happy that this is the first of the
three times that we have done this mission that DHS has
incorporated the Joint Task Force concept. So Chief Karisch who
proudly represents Tucson Sector is also the JTF-West combined
forces commander. So, I look at our role in the Arizona
National Guard as being the supporting command to the supported
Joint Task Force commander.
So we simply deliver in this case 657 soldiers and airmen
based on specific requests for assistance in areas from
aviation to security analysts, to transportation, engineering,
or whatever the support requirements are to allow them to surge
badges to the border, and we will continue to do that through 1
October of this year. Significant challenges as I see going
forward is the end of the fiscal year in terms of funding, how
the mission will be handled going into the next fiscal year.
And was previously mentioned in your remarks, Chairwoman
McSally, while we are using RC-26 and the Lakota, there are
other rotary-wing and remotely-piloted systems like MQ-9 and
Apache that could be used in night low visibility to help
support our Customs and Patrol, Customs and Border Patrol
agents out of the normal day-time cycle.
But beyond that, I stand ready to answer your questions and
thank you for the opportunity to be here today.
[The prepared statement of General McGuire follows:]
Statement of Michael T. McGuire
July 24, 2018
introduction
Good afternoon Chairwoman McSally, Ranking Member Vela, and
distinguished members of the subcommittee. My name is Major General
Michael T. McGuire, and I am the adjutant general of Arizona and
director of the Arizona Department of Emergency and Military Affairs
(DEMA). I appreciate the opportunity to appear before you today on
behalf of the 7,800 citizen soldiers and airmen of the Arizona National
Guard to discuss our mission to support the U.S. Department of Homeland
Security as well as our other local, State, and Federal partners
through a whole-of-Government approach to address the various
transnational issues that impact our borders.
From the Pequot War in 1634 to the current Overseas Contingency
Operations around the globe and Emergency Response Deployments around
the Nation, this hearing today highlights a mission that the National
Guard has capably executed for the past 384 years. The National Guard
is the modern-day militia, and has a long and honored history of
service to the country. Although the present-day National Guard was
established with the Militia Act of 1903, the National Guard's heritage
can be traced back to the first State-run militia regiments established
by the General Court of the Massachusetts Bay Colony in 1636. Since
that day, the National Guard has remained ready to answer the Nation's
call during times of emergency and conflict. In honor of that great
tradition, soldiers and airmen of the Arizona National Guard continue
to stand ready to answer that call.
The National Guard remains the first choice for homeland defense
operations, being uniquely trained and situated as the first line of
support to the Nation's local, State, and Federal first responder and
law enforcement agencies. Consistent with the citizen-soldier model of
the early militias, the present-day National Guard is embedded in the
local communities--policemen and firemen, small business owners,
carpenters, civil engineers, plumbers, and mechanics. This fact
provides intangible benefits--not only can the National Guard bring a
response force with military capabilities but also civilian skills such
as carpentry, mechanical, civil engineering, and business negotiation,
but National Guard troops also have home-town familiarity with the
geographic layout of the affected community, combined with an
understanding of the most at-risk areas. Put another way, with nearly
3,300 installations in 2,700 communities around the country, the
National Guard is America's ``forward-deployed'' homeland response
force.
national guard duty statuses enable local support
Federal and State constitutions and statutes provide the primary
authority for use of military force by the Federal and State
governments. These provisions, insofar as they apply to the National
Guard, reflect the Constitutional balance of power between the
sovereign States and the central Federal Government. National Guard
forces are unique among all other military components in that they may
be used in one of three legally distinct ways:
(1) by the Governor for a State purpose authorized by State law
(State Active Duty); or
(2) by the Governor, with the concurrence of the President or the
President's designee (e.g., the Secretary of Defense), for shared
State/Federal purposes or for a primary Federal purpose (Title 32
Duty); or
(3) by the President for a Federal purpose authorized by Federal
law (Title 10 duty).
operation guardian support
In April 2018, President Trump directed the Department of Defense
(DoD) to support the U.S. Department of Homeland Security (DHS). The
Secretary of Defense directed the National Guard to employ up to 4,000
soldiers and airmen to meet this mission set and provide with aviation,
reconnaissance, operational, and logistical support to enable DHS to
increase operational control and situational awareness of the region.
This directive, though not a formal named operation, has been
informally nicknamed by DHS as Operation Guardian Support (OGS).
Arizona Governor Ducey ordered the Arizona National Guard to
support this Presidential Directive, and on April 6, 2018 a planning
cell within the Arizona National Guard Joint Task Force was activated.
On April 9, the Arizona National Guard deployed 225 soldiers and airmen
to various DHS and CBP outposts along the State's border in support of
this new border mission. An additional 113 soldiers and airmen were
deployed 2 days later as authorized by National Guard Bureau (NGB).
Today, there are 657 authorized personnel in Arizona in support of OGS.
The relationship between the Arizona National Guard and DHS is not
new, however. For nearly 30 years, the Arizona National Guard has
worked with various partners across the Federal Government in areas
along the border, specifically with the National Guard Counterdrug
program as codified in the 32 USC 112 and through various training
mission sets of opportunity that present themselves to support both DHS
and National Guard unit readiness, such as one of our Transportation
Companies moving concrete barriers from one Customs and Border
Protection (CBP) Sector to another. In addition, the National Guard has
supported 3 prior iterations of the border mission by providing
aviation, operational, logistical, and administrative support in
Operation Jump Start from 2006 to 2008, and again in Operation Phalanx
from 2010 to 2016. Only during Operation Jump Start and the first phase
of Operation Phalanx did the National Guard provide personnel to
physically patrol the border to support CBP while additional agents
were recruited, trained, and deployed. I will discuss both of these
previous operations and our Counterdrug program in more detail in a
moment.
The current OGS mission is being accomplished through the
identification of specific requests for assistance (RFA) by DHS, which
then passes those RFAs to DoD/National Guard Bureau (NGB) and then to
the States. These RFAs fill specific functions and duties as mentioned
earlier--aviation, reconnaissance, operational, and logistical
support--and the Arizona National Guard is currently filling RFAs at
all of the border stations within the Tucson and Yuma border sectors in
Arizona. This iteration of the border support mission is informed by
our experience with the previous border missions and has evolved based
on the changing nature of immigration, transnational threats, and
technology. Many of these RFAs are administrative in nature, which is
by design to support DHS and allow them to focus on improving
situational awareness along the border while they recruit, train, and
deploy additional staff and agents. Personnel authorizations issued by
NGB are all based on specific RFAs that have been submitted by DHS to
NGB for support. These RFAs are first validated by NGB and then
approved as a force authorization. These specific RFAs and force
authorizations are then passed down to the National Guard of the
respective State, and working through Arizona's current end-strength
and that of other States as we meet the mission requests of DHS.
So there is no misunderstanding, the Arizona National Guard does
not act in any law enforcement capacity along the border, nor have our
citizen soldiers and airmen been placed in a position that would come
into contact with migrants. Although not constrained by the Posse
Comitatus Act due to Title 32 deployment status, law enforcement is not
our mission. Further, DHS has never requested the National Guard act or
assist in a law enforcement capacity in any iteration of these border
missions, and a long-standing Department of Defense directive
specifically states that the Guard members will not act in a law
enforcement capacity. The Arizona National Guard is strictly providing
support, and, when done right, that support provides a training value
to our military missions--in particular with the aviation, engineering,
and ports of entry mission sets. National Guard aviation assets from
Arizona and other States have provided over 500 flight hours in support
of OGS and we have identified approximately 30 potential engineering
projects that would support CBP, all of which contribute to warfighter
readiness.
As stated in my opening paragraph, a whole-of-Government approach
is key. OGS supports DHS as a whole, but currently has only provided
support to fill RFAs from CBP. The biggest threats along the border are
not limited to illegal border crossings, but include violence and the
trafficking of drugs, humans, and weapons. The Southwest Border
appropriation provided in the fiscal year 2018 DoD budget has allowed
the Arizona National Guard to place an additional 21 soldiers and
airmen on orders to support other local, State, and Federal law
enforcement agencies. Locally developed partnerships like the Arizona
Alliance to Combat Transnational Threats is a model for local, State,
and Federal law enforcement coordination. As proof of this whole-of-
Government success, we offer the Arizona National Guard Counterdrug
mission which partners with over 70 local, State, and Federal law
enforcement agencies. In our domestic role, the National Guard is
always in support of another agency, whether it is responding to an
emergency, combating transnational crime, or supporting greater
operational control and situational awareness of the border region.
Operation Guardian Support is another opportunity to provide whole-of-
Government support to our local, State, and Federal partners.
current arizona national guard partnerships--counterdrug task force
Through the Arizona National Guard Counterdrug Task Force, we
partner with over 70 local, State, and Federal law enforcement
agencies. Authorized by the National Defense Authorization Act in 1989
under 32 USC 112, the National Guard Counterdrug Program authorizes
up to 4,000 National Guard members to perform drug interdiction and
counterdrug activities in all 54 States and territories. The Arizona
National Guard's Counterdrug program, referred to as the Counterdrug
Task Force, began operations in 1989 and is currently the third-largest
behind California and Texas. The mission of the Counterdrug Task Force
is based in law and provides military counterdrug and drug demand
reduction support to local, State, and Federal law enforcement agencies
and community-based organizations. For the past 29 years, the highly-
skilled soldiers and airmen of the Counterdrug Task Force have provided
unsurpassed operational counterdrug support, and continue to offer the
continuity necessary to foster and maintain positive relationships with
over 70 Federal, State, and local drug enforcement agencies and
community organizations across the State of Arizona, including: Customs
and Border Protection, Homeland Security Investigations, Drug
Enforcement Administration, Federal Bureau of Investigation, Arizona
High-Intensity Drug Trafficking Area Center, Arizona Department of
Public Safety, Arizona Counter-Terrorism Information Center, Metro
Intelligence Support and Technical Investigation Center, Arizona
Alliance to Combat Transnational Threats, USNORTHCOM, Joint Task Force-
North, and various county and city law enforcement agencies.
Serving in full-time National Guard Duty-Counterdrug status in
accordance with 32 USC 112, these soldiers and airmen are under State
control and are not subject to the provisions set forth by the Posse
Comitatus Act. Counterdrug Task Force members have been given
authorization to perform ``Support Only'' Counterdrug duties. It is
this support role that brings the greatest benefit to our partners. The
Counterdrug Task Force provides specific skill sets in support of
civilian agencies, enhancing their capabilities and at the same time
allowing them to devote their skill sets to their primary mission.
These skill sets include: Investigative Case and Analyst Support,
Communications Support, Ground Reconnaissance, Aerial Reconnaissance,
and Civil Operations, formerly known as Drug Demand Reduction. These
skills exercised through the Counterdrug Task Force in turn keep
National Guard members in ready form when they are needed for other
operations under the Governor's of the President's command.
past support to dhs and cbp
Arizona has a total land area of just over 113,998 square miles and
is the sixth-largest State in the Union. Arizona has an estimated
population of well over 7 million. Arizona shares 389 miles of
international border with Mexico and has 7 major ports of entry. Found
between Arizona's ports of entry are a variety and combination of
barriers that include pedestrian fencing, vehicle fencing, Normandy
barriers, triple-strand barbed wire fencing, and cattle guard crossings
located on the Tohono O'odham Indian Reservation only. The sovereign
territory of the Tohono O'odham Nation consumes 75 miles (28 percent)
of the Arizona/Mexico border. Nearly one-third of this reservation
extends south directly into Mexico. The Tohono O'odham Nation does not
acknowledge the international border between the United States and
Mexico, and residents living on Tribal lands in Mexico can traverse
freely at any time.
Operation Jump Start (June 2006--July 2008)
On May 15, 2006, President George W. Bush declared Operation Jump
Start as a 2-year, $1.2 billion program spread across the four
Southwest Border States. The mission required 6,000 National Guard
members the first year, and 3,000 the second year. The Department of
Homeland Security and Customs and Border Protection were allocated
forces based on their assessed needs that resulted in Arizona receiving
40 percent of the forces; the largest percentage of the four Southwest
Border States. The goal of Operation Jump Start was to augment Customs
and Border Protection with additional manpower for administrative and
operational assistance missions, alleviating Border Protection agents
of these responsibilities and allowing those agents to be sent back out
to the field where they were needed most. Guard members from 51 of the
54 States and territories served in Arizona performing duties that
included Entry Identification Teams, camera operators, logistical
support, aviation support and engineering support. In total, 17,750
personnel participated on the mission. These personnel were comprised
of individual volunteers, sourced unit rotations, and unit annual
training rotations. During the first year of Operation Jump Start, an
average of 2,400 National Guard personnel conducted operations in
support of law enforcement efforts in Arizona. That number was reduced
to 1,200 personnel during the second year.
Operation Phalanx Phase One (July 2010--February 2012)
On May 25, 2010, President Obama directed the temporary use of up
to 1,200 National Guard personnel on the Southwest Border to support
Department of Homeland Security requirements. Arizona was authorized
560 of the 1,200 personnel for the mission which equates to 46 percent
of total mission personnel. Like Operation Jump Start, National Guard
personnel are funded under U.S. Code Title 32 Sec. 502(f), in
accordance with the published Department of Defense order. Operation
Phalanx supports both Customs and Border Protection and Homeland
Security Investigations by supporting three key mission sets; Entry
Identification Teams, Video Surveillance System support, and
Intelligence Analysis.
Of the 560 personnel initially authorized for Operation Phalanx in
Arizona, 504 personnel were tasked to support entry identification
sites that operated on a 24-hour basis in close proximity to Arizona's
Southern Border. Soldiers and airmen staffed 25 overt Entry
Identification Team sites across four stations in the Tucson sector.
Due to increased threat and violence along the international border,
Arizona National Guard personnel were armed and assumed a higher arming
status than similar missions during OPERATION Jump Start. Rules for the
use of force were clearly defined, published, and provided to each
service member on the mission.
Operation Phalanx Phase Two (March 2012--December 2016)
In December 2011, the Department of Defense announced National
Guard personnel supporting the Department of Homeland Security would be
reduced from 1,200 to no more than 300 personnel and included a change
in mission. In addition to continuing the intelligence analyst mission,
the National Guard transitioned from a ground observation role to an
aerial reconnaissance mission.
ways to improve operation guardian support
Make OGS and other Domestic Support Missions an officially
named operation by DoD to enable accrual of Federal benefits
and ability to recruit National Guard members for this
voluntary activation.
While informally named by DHS, OGS, and other similar
domestic response missions, are not official DoD named
operations. Service to an unofficially-named mission, under
training authorities, prevents National Guard members from
accruing benefits typically provided under Federal service,
including credit toward the Post-9/11 GI Bill. The border
is a Federal responsibility; therefore, this is a Federal
mission that should draw Federal benefits.
Official operation status would improve the ability to
source National Guard members Nationally as well.
NGB should work with DHS to identify continuous specific
opportunities to meet an RFA through annual training, as
NORTHCOM does with reserve or Federal units (e.g., reserves
have built a forward operation base for CBP, identified
engineering projects could be sourced to States' National
Guards to meet training needs). Currently, we are only funded
for border activities through 1 October 2018. This makes it
impossible to schedule any long lead time activities, like
engineering projects, without funding that crosses fiscal year
boundaries.
Facilitate CBP's hiring more administrative and logistics
personnel. With ``badges'' working these administrative duties,
they are prevented from performing law enforcement duties on
the border and at stations throughout the region. Additionally,
some logistical RFA taskings being fulfilled by National Guard
members, such as vehicle maintenance and engineering projects,
could potentially be furnished through local contractors until
CBP is sufficiently staffed. The National Guard has provided
over 10 years of supplementation for these administrative and
logistical duties, while a longer-term solution should include
hiring both ``badges'' for the border as well as administrative
and logistical support personnel.
Improve the cueing for helicopter, light fixed-wing, and
lighter-than-air assets. Right now, we are using several
hundreds of aircraft across the Southwest Border to detect
illegal and illicit activity without any advanced cueing
systems. These small infrared and electro-optical resources are
somewhat effective by themselves, but are like looking through
a soda-straw to try to find resources. The addition of a radar
cueing that detects movement can increase the likelihood of
successfully finding and tracking activity by tenfold. There
are three ways to enhance this mission set:
(1) Enable our National Guard crews to assist and supplement the
CBP's Air and Marine crews flying the DHS MQ-9s that are
extremely undermanned along the border until they can
organize, train, and recruit to full capacity. At the Fort
Huachuca MQ-9 station, for example, CBP's Air and Marine
Operations (AMO) is only able to produce 2 of the needed 5
flights per day due to crew limitations.
(2) Authorize use of Air National Guard MQ-9s in domestic
operations along the border. CA, AZ, and TX each have
Launch and Recovery Elements (LREs) and domestically-
sourced air frames available for the mission, but the DoD
has expressed concerns that the use of these State-side
LREs will affect the combat missions. The use of the LREs
in AZ and TX are not currently allocated to anything other
than peace-time State-side continuation training, and can
successfully support domestic border missions if so
authorized.
(3) Enhance the currently utilized RC-26 program with semi-active
radar mapping pods. These pods are already used on other
military aircraft, and for a small procurement and testing
cost would greatly enhance the use of the National Guard's
only domestic aircraft mission. We could utilize these pods
along the border within just a few months of funding
appropriation and authorization.
(4) Return AH-64 Apache helicopters to the Arizona National
Guard. The return of Apache helicopters to Arizona would
provide significant night vision capability to the National
Guard's aviation support of Operation Guardian Shield.

Ms. McSally. Thanks, General McGuire. I now recognize
myself for 5 minutes for questions.
Look, there are a lot of politics. Obviously, we have seen
that already today. But as the professionals out in the field
there, can each of you just give me a quick, you know, has this
been an important deployment? Do you agree that it is a
positive thing and it has been a positive impact on border
security? I will get into more detail questions after that.
But Chief Karisch.
Mr. Karisch. I will start by saying yes. As I have told my
colleagues in the past, any assistance so we can get down on
that border helps us. I think people seem to look at this as
simply an immigration manner, which it is not. You are looking
at still a war here that we are fighting. You have got guns
coming across the border. You have got cash. You have got
people. You have got violence down there. So, any assistance
that we can get is--is welcome, whether it is at the Federal,
State, local, or Tribal levels. So, we need that help on the
border.
Border is a National security issue that we all have to
apply resources to, and I am grateful for the coordination and
effort that has gone on with the Guard in being down there to
support us right now.
Ms. McSally. Great. Thanks. Again, just I will get into
more details later. But in general, General Nichols, a positive
deployment and good for the troops and good for the mission? I
don't want to put words in your mouth.
General Nichols. What you said, ma'am, no.
It has been very positive for us. I was talking to my
colleagues about the initial deployment. We involuntarily
mobilized our soldiers. There was a discussion with the
Governor and I and that worked out fine. We are coming up on
179 days on mission. We are talking about rotating people out.
Seventy-five percent of them want to stay. The other 25 have
jobs they have to get back to. But the rest are so ingrained in
the mission now, they have been welcomed by Customs and Border
Patrol and every single mission they have been assigned to.
They are working as a team with them. So it has been very
positive. They get to practice some of their military skills,
and those they don't get to we will pull them off and do some
annual training like we do and then get them right back in the
mission without missing a beat.
Ms. McSally. Great. Thanks. General McGuire.
General McGuire. Ma'am, I have not received any negative
feedback from any of the over 350 Arizona Guardsmen deployed. I
failed to mention in my opening comment, we are receiving
support as well from Indiana, Missouri, Wisconsin, Maine,
Kentucky, and Iowa as well.
Thank you.
Ms. McSally. Great. Thanks. Chief Karisch, when we were
down at the border with Secretary Nielsen, you could tell from
the community down there that they were really looking forward
to the reinforcements had arrived and, you know, and continuing
to have that integration with the support of the National
Guard. Although there were some concerns and questions about
whether they are being fully utilized in order to free up our
agents. So can you share just any perspective on that and any
barriers we might be able to remove so that we can fully free
up the Border Patrol agents to be at the border?
Mr. Karisch. The Guard right now is assisting us on various
fronts, on the aviation side, operations, logistics, and
administrative support that they are giving us. Critical to--to
the job that they are doing for us right now is operating
cameras. They are acting as our eyes and ears, giving us
greater situational awareness of that border so that we can see
what is coming. But even with things such as vegetation removal
in areas down in Nogales where you were at, the Guard down
there has cleared over five acres of vegetation that makes that
area a lot easier now as to monitor for our people.
On the aviation side, the surveillance aircraft that they
have provided have significant importance to us, but also on
the rescue side. As you well know in Arizona, during the
summer, we deploy a lot of our resources toward rescuing people
who become stranded in the desert. We now have another partner
in the National Guard who is supporting us in that endeavor. So
many different examples whether it is in the garage, whether it
is analyzing the intelligence reports, we definitely are seeing
a lot of great work between us.
Ms. McSally. Do you see any barriers to, you know,
utilizing the Guard to the best capability possible? And
anything you need that needs to be improved?
Mr. Karisch. No. I mean I think under different deployments
they were assigned different duties. I know during Jumpstart
they had entry identification teams where they were deployed.
This time it is different. There is no contact with any of the
migrants that are down on the border. So no challenges from my
perspective.
Ms. McSally. OK. Great. I do want to follow up on--thanks
for sharing both General Nichols and General McGuire.
There are a lot of misconceptions on people thinking, ``Oh
well, our troops are--we are in a bit of a readiness crisis
Nation-wide. We talk about this all the time,'' and our troops
are basically kind-of wasting their time doing border security
instead of, you know, honing their skills so they can defend us
should they need to go deploy. Having served myself in uniform,
I am always trying to debunk this that when you are out there
doing real training, when you are fixing real vehicles, when
you are doing real intel analysis, this actually increases your
skills. You mentioned that already. I think this is a really
important message for people to understand. It is not an
either-or. They are increasing their skills and increasing the
mission, and I am running out of time.
But I wanted to stop--stop there. But maybe on my next time
around I want to hear more about that from both the tags. So,
thanks.
The Chair now recognizes Mr. Correa for 5 minutes.
Mr. Correa. Thank you very much, Madam Chair. First of all,
I wanted to--Mr. Karisch and Mr. Nichols and Mr. McGuire, can't
see too well from here, for your service to our country. I am
out of the State of California where I work very closely with
General Baldwin out of California National Guard. You are the
citizen soldiers, so to speak, and I think more and more our
Nation's defense is entrusted to you. So, thank you very much
with good work.
Mr. Karisch, if I may, you have been 30 years of service.
Thank you as well for your service. You mentioned a minute ago
that this was an issue not of immigration but terrorism. So,
let me follow up a quick question. Known or possible
terrorists, have we apprehended and encountered most of those
in this Southern Border or the Northern Border?
Mr. Karisch. I think we have seen them on both sides,
Congressman, on both borders.
Mr. Correa. Because testimonies here by folks in your
Department have said we have encountered more of them in the
Canadian border than the Southern Border.
Mr. Karisch. There has been more on the Canadian border,
but we also have encountered on the Southern Border. I don't
think we can ever discount the possibility of the location that
they are going to choose to enter.
Mr. Correa. But I would say if you are encountering more of
them in the Northern Border, is that an issue we should
address? Therefore maybe look at putting the National Guard at
the Northern Border.
Mr. Karisch. Well, I think we would welcome any additional
resources that come to the border. As I indicated previously,
whether that is Federal State, local, Tribal agencies who can
help us because at the end of the day the border with Canada is
much larger. But we also do have a tremendous flow problem on
the Southwest Border.
Mr. Correa. So we do have a problem on both borders then?
Mr. Karisch. I think it is evident. I think you have drugs.
You have guns. You have people from different countries that
are flowing across both borders. Yes.
Mr. Correa. Thank you very much. Sir, Secretary Nielsen in
Madison, April 6, 2018, they mentioned something to the effect
that they would opt to end the deployment of the National Guard
to the U.S.-Mexico border when, ``our Nation's borders are
secure.'' Any thought what definition of our Nation is borders
would be secure to end the redeployment of the National Guard?
Mr. Karisch. Congressman Correa, as I indicated before, I
think we need to apply every bit and all resources that we have
available to securing our border. Our borders are far from
secure. Recently, I had an agent shot down in Arizona
patrolling the border. So I think the border is dangerous. I
think there still is significant work that needs to be done
down there. We have an opioid crisis right now that the country
is facing.
So I think we all need to look at it from various fronts of
the different challenges that we face on the Nation, as a
Nation.
Mr. Correa. Thank you very much. I have got a couple of
minutes left, so very quickly. Follow-up question.
General Kelly, here when he was Secretary of Homeland
Security, we had a couple of questions and discussion here
about what securing the border was all about. I remember him
saying something to the effect paraphrasing saying, if
something gets to our border, something negative, the battle is
lost. You have got to stop those negative elements from even
coming close to our border. So the question I would go off to
any of you I would ask is--how are we cooperating with our
southern and northern neighbors to make sure that this is a
regional secure situation as opposed to just the wall so to
speak?
Mr. Karisch. I will start off----
Mr. Correa. Thank you.
Mr. Karisch. Congressman Correa. I will tell you, first of
all, I have worked very closely with the government of Mexico.
We now have tremendous relationships with them. I was actually
assigned to Mexico City years ago as an attache for CBP. So, I
believe in that relationship.
I also started a program back in 2013 with the Federal
Police called a cross-border coordination initiative where we
did joint patrols. I think the people on both sides of the
border want the same thing, which is safety, tranquility, and
livelihood. So we are working together with our partners in
Mexico to try to do that.
But as General Kelly also said, we must continue to extend
that border outward so that we prevent people from ever
reaching our borders because then it becomes too late. But the
relationship that we have with Mexico and other countries
continues to be very strong.
Mr. Correa. Thank you, gentlemen. Any thoughts?
General Nichols. Congressman, in Arizona, our focus
obviously is the Southwest Border and the sovereign territory
of Arizona as a State. We do have quarterly meetings with
Sudana and Samura from the Mexican Army and Navy Marine Corps.
We work that through JTF-North and U.S. Northern Command who
has the responsibility for, as you mentioned, extending out our
security beyond what is our physical border at the State line.
But we have a great working relationship with them. I would say
that has improved significantly over the last 5 years with them
helping us work cross-border intelligence with other agencies,
whole-of-Government through our counterdrug group department,
DEA, ATF and other groups on the Southern Border.
Ms. McSally. Senator, your time has expired.
Mr. Correa. My time has expired.
Ms. McSally. We are going to do another round.
Mr. Correa. OK.
Ms. McSally. Alright. The Chair now recognizes Mr. Bacon
from Nebraska for 5 minutes.
Mr. Bacon. Thank you and I appreciate all three of you
being here, thanks for your service and all of you served
roughly three decades and more defending our country, and we
are grateful. I have a series of quick questions for you. So, I
should stay somewhat concise.
Mr. Karisch, I think before you answer this, I just want to
make sure that we have it clearly. Can you confirm that the
mission of the Guard is helping you out? Is it value-added for
what you are doing?
Mr. Karisch. Tremendous value.
Mr. Bacon. Thank you. Is this considered temporary until
Border Patrol gets expanded or as--what is your time line here
for receiving the support?
Mr. Karisch. Sir, all I am aware of right now is that we
are funded or the Guard is funded through the end of this
fiscal year.
Mr. Bacon. Is this a side note to fill a niche while you
are trying to grow your numbers or is this more of an
indefinite type of support?
Mr. Karisch. I think this is--this is definitely on-going
support, which we have seen in the past from the Guard to CBP.
Mr. Bacon. I would be inclined to try to expand your
numbers so that you can fulfill this mission, you know, on your
own for my own 2 cents worth. Are the authorities clear between
you or is there confusion where the lines are drawn when it
comes to defending the border?
Mr. Karisch. Not from my perspective. No.
Mr. Bacon. How about your all's perspectives? It is pretty
clear authorities?
General Nichols. Yes sir we are supporting for Border
Patrol and then coordinating through DOD, DHS, National Guard
Bureau and then--and then the local border chiefs when we get
down there and work for them. So our roles and missions are
clearly defined.
Mr. Bacon. Also, piggyback on what the Chairwoman already
asked for--to our two Guard leaders here, can you also can
reconfirm that you feel like your missions are value-added,
that you are contributing to this mission?
General Nichols. Absolutely. As I mentioned, I have had no
negative feedback from any of the Arizona Guardsmen that are
deployed.
Mr. Bacon. I think I have a very similar question. I am
going to give you a chance to delve into this more because we
have the same question here. Is this undermining any of your
other missions for training or for rotating to the Middle East?
Do you see any--is there any kind of this to the other missions
you have or any of you know opposing? Does it--is there
anything cutting against it?
General McGuire. On the readiness front, what I would say
is that unlike when General Nichols mentioned that they had
deployed entire units in the initial deployment in Arizona, we
took individual augmentees based on the requirements levied in
the request for assistance. Those soldiers and airmen are
required to drill 1 weekend a month and do their annual
training. We are going through the annual training season right
now.
So, the only pressure that I would say that would come upon
this is that that soldier or airmen's primary mission is to
their war traced unit of assignment. If that mission were
tasked and they were forward-deployed, then we would have to
backfill that soldier airman on the border. But the best way to
think about is a citizen soldier. They are doing this Monday
through Friday and drilling on the weekend. We have enough
depth that we can cover that vacancy on the weekends. So no
different than if they are working somewhere else.
Mr. Bacon. Thank you. General Nichols?
General Nichols. Yes, sir. To add to that, it is not just
Texas. It's not the 4 border States. It's the entire National
Guard. So----
Mr. Bacon. Good point.
General Nichols. Deploying in the 450,000 personnel realm.
We have taken into account. Those are the deploying, those that
have a deployed or an enroute, some of the training that has to
be done would still have enough National Guard members to do
this, and also to--if there is any readiness impact to spread
it out and lessen it every place that we can.
Mr. Bacon. OK. I don't know what your missions are right
now in the Middle East, but there's no negative impact on any
of the rotations you are doing with Iraq or Afghanistan?
General Nichols. No, sir. None at all.
Mr. Bacon. OK. General McGuire.
General McGuire. No. As I mentioned, we have a nearly one-
fifth of the Arizona Guards can be tasked in the next year for
sourcing, which is the reason we are going to have to go out to
some of the other States to support this 6- to 700 men and
women deployment.
Mr. Bacon. OK. Thank you very much. One last question for
Mr. Karisch. There is a lot of talk about ICE, the abolishment
of ICE. A little bit unrelated, but I just want to get your
opinion. If ICE was abolished, how would that impact your air
mission?
Mr. Karisch. There would be no effective immigration
enforcement in the interior of the country, which if you have a
law that is in the books, it needs to be enforced whether at
the border or in the interior.
Mr. Bacon. Thank you very much. Ms. Chairwoman, I yield
back.
Ms. McSally. Alright. Gentleman yields back. The Chair now
recognizes Ms. Demings from Florida for 5 minutes.
Ms. Demings. Thank you so much, Madam Chairwoman, and thank
you to all of you for being with us today and thank you for the
service that you provide. You know, I think and I believe my
colleagues would agree that our primary responsibility as
Members of Congress is to make sure that we are, No. 1, keeping
our Nation safe, but also utilizing our resources, very limited
resources and personnel in the most effective manner possible.
When--during the 9/11 attacks, I was assigned to the
Orlando International Airport as a police commander. I remember
then-Governor Jeb Bush deployed the National Guard to come out
and assist local and State law enforcement officers with
securing the perimeter, patrolling the airport. We had
thousands of passengers who were stranded there, as you know,
not just in Orlando, but all over the country. The National
Guard played a critical role in helping to get aviation
security back up to where it needed to be. We appreciated that.
That was a critical role. The mission was clear. So we are
trying to make sure that you are being utilized in the most
effective way and not being political, because I questioned the
initial deployment, whether it was actually political or not,
major or--General Nichols, you indicated that you have over
2,000, I believe, National Guard personnel deployed overseas.
Could you talk about some of the duties that are assigned to
them in that capacity?
General Nichols. Yes, ma'am. We are on the Horn of Africa
right now, which is a nation-building, capacity-building
mission assisting different--the different nations surrounding
the Horn. We are in MFO ops, which is observation on the Sinai,
enforcing the treaty between Israel and not enforcing but
making sure it stays intact. We are in Afghanistan. We are in
Kuwait/Iraq. We are sending a helicopter company very shortly
and then we are on the hook in a year-and-a-half or so to send
out an attack battalion, Apaches. Then every year, we just
continue. I tell folks that the sun doesn't set on Texas--on a
Texan because we have got a Texan in every region in the world
supporting America.
Ms. Demings. Yes, thank you. Chief Karisch, you talked
about some of your duties involve aviation support, operating
cameras, and clearing vegetation, what else are they involved
in?
Mr. Karisch. Repairing----
Ms. Demings. Because we have heard all kinds of stories.
Mr. Karisch. Yes, ma'am.
Ms. Demings. We want to make sure that those stories are
not accurate.
Mr. Karisch. Yes, ma'am. Repairing tactical infrastructure,
road improvements that are down there, intelligence analysis
that they are doing. So I think they are doing a lot of
different good support roles for us right now. Working in
dispatch centers, but specifically the camera rooms, that is
where we probably have the greatest concentration of Guard
personnel right now.
Ms. Demings. What percentage of the ones assigned to you
would you say are actually involved in the--operating the
camera mission?
Mr. Karisch. Vast majority. I don't have a percentage right
at the top of my head, which we could definitely get back to
you on, but the vast majority, I think the two areas right now
that consume the largest deployment of personnel is going to be
the aviation piece and then also the surveillance.
Ms. Demings. They are engaged in ride-alongs, is that
correct?
Mr. Karisch. No. No.
Ms. Demings. They have contact at all with any of the
families?
Mr. Karisch. None whatsoever, ma'am.
Ms. Demings. OK. Very, very quickly with my last minute
that I have left. You have heard about the--I think the fiasco
actually with families being separated. I know under the zero
tolerance policy that this has just been an, I would say, an
additional burden on already limited resources. Have you been
involved at all in any of the process that is being developed
to reunite families? Children that were separated from their
parents.
Mr. Karisch. That is an issue with DHS or with ICE and HHS,
they are the ones who are actually handling the reunification--
--
Ms. Demings. Do you play any role at all----
Mr. Karisch. No, ma'am.
Ms. Demings. In that process? You or no one at the border.
Mr. Karisch. Right. Actually, I handle the enforcement at
the border but not handling the reunification right now.
Ms. Demings. OK. Thank you all again. I yield back.
Ms. McSally. Gentlelady yields back. The Chair now
recognizes Mr. Hurd from Texas for 5 minutes.
Mr. Hurd. Thank you, Chairwoman. Chief Karisch, it is great
to see you. I think they are working you a little harder in
Arizona than Texas. I think you have lost some weight since I
have last seen you. Looking good, sir. General Nichols, it is
always a pleasure to have you and thank you for educating me in
some of the training operations that is going on in San
Antonio. General McGuire, it is a pleasure to have you here.
For my friends from the National Guard, you all's ISR
capabilities, have we deployed as much as we could along the
border? Is this another training opportunity, where your men
and women of the Guard are able to, you know, not only help
Border Patrol with ISR but that the men and women get that
training opportunities when they do it overseas?
General Nichols. We actually started with the Lakotas and
have the mission package, which is a very handy and very
effective platform. We are sending in the RC26s now. I think
there will be time in the future for--I know that California
has mentioned that, I think Arizona as well. So we see that as
a possible in the future. We are not volunteering that. We are
letting DOD and DHS do their talk to make sure they get the
mission they want but they know the capabilities that we can
provide.
Mr. Hurd. Do you copy?
General McGuire. Yes, sir. You are correct that we are not
fully deploying all of our capabilities. In my opening
statement, I did mention that there are capabilities like the
launch and recovery element at Fort Huachuca where we operate
MQ-9s, where we could help increase capacity of both CBP MQ-9s,
and our own Guard assets that are stay-at-home training assets
and position them on the border.
To date, we have not yet gotten a request for assistance
through DHS and DOD for that. The most recent change was the
addition of the RC-26, so Texas and Arizona will be deploying
their RC-26 manned platform but we could do more in the
unmanned systems area.
Mr. Hurd. Because of the number of weeks that you all are
there, do you see opportunities that if you all were able to
grow what you were able to do that it would be increased
training opportunities for the men and women in the Guard?
General McGuire. On the unmanned aerial systems,
definitely. We have looked at working with CBP to do additional
launch and recovery operations, which is limited by the number
of aircraft we have since so many DOD assets are deployed
forward into theater, either in CENTCOM or PACAF or PACOM
theaters. We have just a couple aircraft. If we could utilize
those aircraft, we could train more crews, definitely.
Mr. Hurd. General Nichols, any opinion?
General Nichols. I agree with General McGuire. That can be
expanded.
Mr. Hurd. Got you. Chief Karisch, you talked about it
earlier. The fentanyl issue. Correct me if I am wrong, 0.2
grams of heroin kills--could kill somebody, 0.002 grams of
fentanyl can kill somebody, 11 kilograms can ultimately kill 3
million people. The ability to move that, you know, through
bulk. Are your officers--are they getting the training they
need in how to deal with such a toxic substance?
Mr. Karisch. We have definitely conducted training,
Congressman Hurd, but additional training is required. I mean
in our dialog right now even with the Mexicans, with their law
enforcement agencies, we have started to talk about this. Many
times, they are going to see that even before we do so we have
got to do everything we can to share information with each
other as toxic as it can be to make sure that we are protecting
our front-line personnel who are coming in harm's way.
We have changed the way we transport, the way we test, so
every bit of information that we can get that is going to make
it safer for us to handle it is going to be done.
Mr. Hurd. Yes. This is something, not only you but your
fellow local law enforcement colleagues are going to need that
same training first responders because again you brush your
hand against something like this and it could have significant
long-term effects.
If I had additional time, I would like to ask about, you
know, being able to do long-term operations, so if you find
someone in Tucson sector that is going--are we using that
information to understand the halfway houses before drugs are
being shipped to Chicago or Houston and the interplay between
various law enforcement? This is an area that we are spending
time with and you have always helpful in educating me, so I
look forward to that conversation in the future. Chairwoman, I
yield back the time I do not have----
Ms. McSally. Gentleman yields back his lack of time. Chair
now recognizes Mr. Richmond from Louisiana for 5 minutes.
Mr. Richmond. Thank you, Madam Chairwoman. I guess I will
pick up where Congressman Hurd left off and talk about--first,
before I go there, let me just ask. Did you make a request for
or do you know if there was a request made for National Guard
to support the border mission?
Mr. Karisch. We did not, sir.
Mr. Richmond. OK. Do you know of any agency that actually
made a request for the National Guard to assist in patrolling--
securing the border?
Mr. Karisch. I believe the President directed both DOD and
DHS, as to work together in conjunction with the State
Governors, he has to deploy the Guard down at the border.
Mr. Richmond. Right. But there was no request from any
agency that actually patrols the border.
Mr. Karisch. Correct.
Mr. Richmond. Do you know if there was a long-term strategy
put in place beforehand so that--I guess any of you all are in
a position to answer. What does mission accomplished look like?
Or has that been articulated what mission accomplished looked
like, do we know?
OK. Now, I will pick up where Mr. Hurd left off, which is,
Mr. Karisch, I think that you talked a little bit about drugs
coming over, terrorism and other things. Do you believe that
with personnel only and, I guess, maybe some border fencing,
that we can secure the border 100 percent with just that?
Mr. Karisch. I think you are going to need a combination,
Congressman, of the personnel, tactical infrastructure that
comes with it, the access, the roads, the technology. But also,
what you are going to need is you are going to need consequence
and what I mean by that is a prosecution, because you are in
fact deterring. So I think all of these things coming together
is what is going to help us effectively control the border.
Mr. Richmond. Now, besides people that are coming over and
to do harm, and I will include terrorism, trafficking drugs,
trafficking people, whatever. All of those are to do harm, but
you also see people that are coming across in search of better
opportunity or safety for their families.
In that, do we, that you know of, do we put a lot of effort
into--because I would assume that those drugs that are coming
across the border, those humans that are being trafficked, the
law of supply and demand tells me that if they are coming
across the border to the United States, it means somebody in
the United States buying those drugs, buying the people that
are being trafficked, so we are creating demand for this
contraband whether it is drugs or people or anything else. That
is what we are doing as a country, is creating the demand.
Wouldn't you agree?
Mr. Karisch. Yes. I mean I have always said is that the
insatiable appetite for drugs here is what fuels all of the
narcotics coming across the border.
Mr. Richmond. It is that narcotics production and the money
associated with it that is making some of these homelands so
violent with cartels and everyone else so that some of the
well-intentioned people coming across the border, whatever
number that may be, they are in search of a safer place, better
place, but we are as a country contributing to the chaos in
their respective homelands to some extent. Would you agree with
that?
Mr. Karisch. Well, I wouldn't say the United States is
solo, I think drugs head into various parts of the world. You
have violence in various parts of the world that drive these
peoples on this journey, but various causes of what drives
individuals to come to the United States.
Mr. Richmond. Yes. I wouldn't say we are the sole cause, I
wouldn't say we are the factor, but I would say we are a
factor. Would you agree with us being a factor?
Mr. Karisch. Well, I think yes, I mean can say that it is a
factor but it is one of many, because there is many different
reasons of why people decide to come to the United States.
Mr. Richmond. I agree. Look, let me just say this and
especially to our National Guard people. I represent New
Orleans all the way up to Baton Rouge. We are the home of many
natural disasters, and I would just take the chance to thank
you all, our National Guard all across the country. You all
respond in a moment's notice to hurricanes, to tornadoes, and
everything else. No matter what particular issue we are on, the
sacrifice that your men and women make from the Guard to law
enforcement is what makes this country special. So thank you
all for what you are doing. I appreciate your time in being
here.
Ms. McSally. Gentleman yields back. I am going to do the
second round, you all right with that? All right, great.
Thanks. I now recognize myself. I want to follow up, Chief
Karisch. I know it is not in your full jurisdiction but I think
it is important for everybody to understand that the Guard
supporting Border Patrol in between the ports of entry but also
at the ports of entry are CBP officers. I found out yesterday
from Sherriff Dannels also now supporting the Sheriff's Office
down in Cochise County. We are all in this together, right, in
an integrated way. Can you share some information on how they
are supporting at the ports of entry and with local law
enforcement?
Mr. Karisch. Yes, the Guard personnel down at the ports of
entry are supporting and running the non-intrusive inspection
devices, X-raying vehicles, X-raying the freight that is coming
into the United States, freeing up also officers at the port of
entries is to do other duties. I think in my discussion with
General McGuire early on and also with Governor Ducey, we
wanted to provide support, also the State local agencies out
there that need it. So that is Sherriff Daniels in Cochise
County actually has personnel assigned there, because this is
not simply about CBP or DHS, it is that community at large that
can benefit from the assistance of the Guard.
Ms. McSally. Great. Thanks. I also want to follow up on
General McGuire and Major General Nichols. You talked about how
we--there is a potential to do more air support. You know, as a
pilot myself, I know it is always better to do real missions
than to be trying to create, you know, training opportunities.
So that, I think, is a tremendous training opportunity. What is
the process that we would go through to increase the capacity
in these other areas like the LREs or other assets? Is that
just happening sort-of collaboratively or does CBP have to make
a request to you or how does that all work?
General McGuire. To access the training assets that are at
Fort Huachuca at the launch and recovery element, it would need
to just come down like any of the other mission assignment
requests, so if JTF West makes that request up to DHS
headquarters and that comes back down through DOD as a
validated mission, we would source the crews to launch the
additional LREs and use those on the border to support them for
queuing just as we are with the RC-26 and the MEPS package on
the Lakota.
Ms. McSally. Got it. Are there conversations going on about
that potential request right now?
General McGuire. We have been asking for that. The problem
with MQ-9s is always the confusion about we are not asking to
pull people back from theater or trying to use assets that we
presently use for training with our folks there to keep their
in-garrison training requirements up at Fort Huachuca, but we
could put them on a mission on the border just like we are
going to do with RC-26.
Ms. McSally. OK. Great. Thank you. Chief Karisch, can you
quantify the number of apprehensions? I know this is a little
bit in your testimony but number of apprehensions, amount of
drugs apprehended because of the National Guard deployment in
support of this mission?
Mr. Karisch. Approximately 11,000 pounds of marijuana.
There has also been cocaine, heroin that they--we are giving
them credit for in the seizure. Also on the apprehension side,
over 11,000 apprehensions as well. These are the Guard
personnel who are either operating aircraft and are making
personal observations or working camera rooms.
There was a Raven aircraft unit from the Guard that was
flying recently in Tucson, observed 6 individuals with burlap
backpack, directed agents in. Our agents were able to seize 284
pounds of marijuana and arrest all 6 individuals. So that
speaks to that level of cooperation and different capability
that they bring to us.
Ms. McSally. Great. Thanks. General McGuire, I want to go
back to how this can maybe enhance the training of some of the
Guardsmen and women and their skill sets. Do you have some
examples, maybe just anecdotes of, you know, where if they
weren't doing this mission, maybe they would be doing some in-
garrison training or, you know, computerized training but, you
know, now they are actually doing a real mission and how that
has enhanced their skills?
General McGuire. So we have taken a number of our folks
from our engineering battalion to work down on the border
operating heavy equipment, same type of heavy equipment they
would operate in their primary mission. Chief Karisch already
mentioned we did deploy a number of folks from our maintenance
company down to the unit and they are doing wheeled vehicle
maintenance and so having more vehicles to work on makes more
capable mechanics, so we have a whole bunch of them working
there, helping save costs. Then obviously on the aviation front
as you mentioned, the pilots get great opportunity, operating
the sensor package in night low visibility doing real missions
as opposed to out at the Goldwater Range.
Ms. McSally. That is great. General Nichols, do you have
examples to add?
General Nichols. We have the same experiences. Our Lakota
pilots Nation-wide that are coming to support us are getting
real-world training. It is on the spot. It is not the same kind
of training you can get at home at all. So it is better
training than they could do at home. We are supporting again in
the maintenance of vehicles, so our folks get to practice their
trades.
We have had some saves like the chief said, we were helping
Border Patrol save money. Turn their vehicles quicker which
keeps the agents out on the border instead of teaming up a
couple on a vehicle, we can get enough vehicles for them to
have their own. It makes them more effective when they get out
there. Then our intelligence analyst folks are taking law
enforcement data and helping form up packages, mission packages
for them to go act on.
Ms. McSally. Oh, that is great. It is real-time intel now.
So that is fantastic. OK. I am over my time. Chair now
recognizes Mr. Correa.
Mr. Correa. Thank you, Madam Chair. Chief Karisch, Tucson
area, Tucson sector, I know we had--CBP has a lot of
difficulty, some difficulty in retaining personnel in that
area. How can we help you, what can we do to help retail
experienced personnel in your area? I say this in the context
that we have some fine National Guardsman here. The last time I
called General Baldon, he returned my phone call from Eastern
Europe.
That reminded me the National Guardsmen now are making up
more and more of our regular troops around the world. I have
got constituents that are on their fourth tour in Afghanistan
or the Middle East. So you are there but we know you are also
halfways around the world and by the way, the sun doesn't set
on Californians either. So, sir, how can we help you, you know,
get up to, you know, those ranks that you need to do your job?
Mr. Karisch. Well, first of all, Congressman, I appreciate
you helped the Border Patrol already last year, Congress did
with the funding for mobility, which is key to our
organization. The vast majority of people that leave the Border
Patrol right now for other Federal agencies are going somewhere
because of location.
So having a good mobility program, which requires monies to
move people around every so often is key to what we are going
to need as an organization is to retain--it is the retention-
type incentives that we, I think, can offer the work force is
to make sure--is that they feel appreciated and vetted is to
stay in the organization. But definitely the piece that we have
got to fix is the mobility piece which is going to require
additional funding.
Mr. Correa. Thank you. Mr. Bacon, I believe, was talking a
while ago about abolishing ICE. I would like to say as an
individual, I can't speak for any of my colleagues here, but
that is not my preferred action. I think you all do anti-
terrorism, you do anti-piracy, you do drug interdiction, human
trafficking. I have to tell you, probably the one issue that is
really striking that causes a lot of issues is the zero
tolerance policy.
I know Secretary Nielsen, saw her one Sunday night on TV,
she said our policy is not family separations. Following 10
hours, Monday morning, she was on TV saying our policy is zero
tolerance. So I can't imagine what your agency is going through
trying to figure out what the policy is of this country, what
your job is. I think the zero tolerance is what is really
causing folks a lot angst, a lot of challenges just because it
is a very difficult issue. Children, parents.
I am telling you this because I want you to know that I
appreciate the job you are doing. I think most of my colleagues
appreciate the job you are doing and we are thankful for it.
But the zero tolerance issue is what is driving people crazy so
to speak, really emotional. I have with me here, and I am going
to ask the Chair to give me the opportunity to submit this for
the record, a statement from Governors, about 10 Governors that
have essentially declined to send their troops to the border.
Ms. McSally. Without objection.
[The information follows:]
Submitted For the Record by Honorable J. Luis Correa
Letter From Governor Edmund G. Brown, Jr. of California
April 11, 2018.
Dear Secretary Nielsen and Secretary Mattis: Pursuant to your
request, the California National Guard will accept Federal funding to
add approximately 400 Guard members State-wide to supplement the
staffing of its on-going program to combat transnational crime. This
program is currently staffed by 250 personnel State-wide, including 55
at the California border.
Your funding for new staffing will allow the Guard to do what it
does best: Support operations targeting transnational criminal gangs,
human traffickers, and illegal firearm and drug smugglers along the
border, the coast and throughout the State. Combating these criminal
threats are priorities for all Americans--Republicans and Democrats.
That's why the State and the Guard have long supported this important
work and agreed to similar targeted assistance in 2006 under President
Bush and in 2010 under President Obama.
But let's be crystal clear on the scope of this mission. This will
not be a mission to build a new wall. It will not be a mission to round
up women and children or detain people escaping violence and seeking a
better life. And the California National Guard will not be enforcing
Federal immigration laws.
Here are the facts: There is no massive wave of migrants pouring
into California. Overall immigrant apprehensions on the border last
year were as low as they've been in nearly 50 years (and 85 percent of
the apprehensions occurred outside of California).
I agree with the Catholic Bishops who have said that local, State,
and Federal officials should ``work collaboratively and prudently in
the implementation of this deployment, ensuring that the presence of
the National Guard is measured and not disruptive to community life.''
I look forward to working with you on this important effort.
Sincerely,
Edmund G. Brown, Jr.
______

Executive Order From Governor John W. Hickenlooper of Colorado
b 2018 008 executive order
forbidding state agencies from using state resources to separate
children from their parents or legal guardians on the sole ground of
immigration status
Pursuant to the authority vested in the Office of the Governor of
the State of Colorado and, in particular, Article IV, section 2 of the
Colorado Constitution, I, John W. Hickenlooper, Governor of the State
of Colorado, hereby issue this Executive Order forbidding State
agencies rrom using State resources for the purpose of separating
children from their parents or legal guardians on the sole ground that
their families are in violation of Federal immigration laws.
I. Background and Purpose
The U.S. Department of Homeland Security's practice of separating
children from their parents when arriving al the Southern Border is
offensive to our core values as Coloradans and as a country. The
administration announced--``Zero tolerance'' policy in the spring of
2018 resulting in the family separations. The administration has
recently stated that the purpose of the policy is to intimidate
immigrants and deter crossings. The United Stales Supreme Court has
recognized the fundamental relationship between children and their
parents and has permitted intentional government intrusion into this
relationship in very limited circumstances. The United Nations High
Commissioner for Human Rights has condemned the practice as a serious
violation of the rights of children and demanded an immediate halt. The
American Psychological Association stated that the separations threaten
the mental and physical health of the children.
We recognize the importance of maintaining safety at our
international borders, but intentionally separating children from their
families is cruel and un-American. In the past 6 weeks, U.S. agents
have separated an estimated 2,000 children from their parents. It is
deeply troubling that the U.S. Government would participate in such
inhumane actions.
The State of Colorado is a safe and welcoming place for all of its
residents, regardless of immigration status. To maintain public
confidence in the integrity of State government and promote trust and
cooperation between State and local law enforcement and all Colorado
communities, I issue this Executive Order to forbid any State agency
from using any State resources for the purpose of separating any child
from his or her parent or legal guardian on the sole ground that such
parent or legal guardian is present in the United States in violation
of Federal immigration laws.
II. Declaration and Directives
A. For purposes of this Executive Order, ``State agency'' means the
principal departments listed in C.R.S. 24-1-110, with the exception
of Department of State, Department of the Treasury, Department of Law,
and Department of Education.
B. No State agency may deprive any person of services or benefits
to which he or she is legally entitled because of a person's
immigration status, except as required by State or Federal law.
C. No State agency may use any State resources, including but not
limited to moneys, equipment, or personnel, for the purpose of
separating any child from his or her parent or legal guardian on the
sole ground that such parent or legal guardian is present in the United
States in violation of Federal immigration laws.
1. The foregoing shall not apply if any one of the following has
occurred:
a. A State court, authorized under State law, terminates the
rights of a parent or legal guardian, determines that it is
in the best interests of the child to be removed from his
or her parent or legal guardian, or makes any similar
determination that is legally authorized under State law;
b. An official from the State or county child welfare agency
makes a determination that it is in the best interests of
the child to be removed from his or her parent or legal
guardian because the child is in danger of abuse at the
hands of the parent or legal guardian or is a danger to
themselves or others; or
c. Law enforcement officials are acting in accordance with C.R.S.
24-33.5-211 or have probable cause to believe that the
child is a victim, or is at significant risk of becoming a
victim, of human trafficking as defined in C.R.S. 18-3-
501 et seq., is in danger of abuse at the hands of the
parent or legal guardian, or is a danger to themselves or
others.
D. This Executive Order is intended to be consistent with the
State's obligations under State and Federal law and shall at all times
be interpreted not to violate any requirement of State or Federal law.
Any conflict with State or Federal law as it exists at the time of this
Executive Order or as it shall be amended or enacted in the future
shall be resolved in favor of State or Federal law. Nothing in this
Executive Order shall be construed to cause interference with routine
State law enforcement activities, even if such activity results in
independent Federal law enforcement involvement and enforcement of
Federal immigration laws.
III. Request for Enforcement
I hereby request that the State of Colorado Department of Law
investigate to the fullest extent permissible under law any alleged
violation of this Executive Order or other related conduct that
constitutes a crime under State law.
IV. Duration
This Executive Order shall remain in effect unless modified or
terminated by further Executive Order of the Governor or until
superseded by State or Federal law.
GIVEN under my hand and Executive Seal of the State of Colorado this
eighteenth day of June, 2018.
John W. Hickenlooper,
Governor.
______

Press Release From Governor Dannel P. Malloy of Connecticut
June 18, 2018
Gov. Malloy and Lt. Gov. Wyman Call on President Trump to End His
Policy of Separating Immigrant Families
(HARTFORD, CT).--Governor Dannel P. Malloy and Lt. Governor Nancy
Wyman today released the following statements calling on President
Trump to end the inhumane policy his administration enacted of forcibly
separating immigrant children from their parents at the border:
Governor Malloy said, ``The Trump administration's willingness to
push their vile agenda, completely disregarding the U.S. Constitution
and basic human decency, knows no bounds. They have heartlessly torn
children away from their families, locked them in holding cages in
abandoned box stores, and subsequently launched a propaganda campaign
of administration officials blatantly lying to the American people
about it. It brings dishonor to our country and is the cause of extreme
distress for many American citizens. The Trump administration is
engaging in this `zero-tolerance' practice that is reminiscent of one
of the darkest moment in our history, when Japanese families in America
were rounded up and detained in internment camps.
``Make no mistake--the Trump administration's hands are not tied
here. There is no law that mandates this practice. They are not being
forced or coerced into stealing migrant children away from their
parents. They are proactively electing to implement this policy and to
take such actions. They are, in effect, taking these children hostage,
inflicting a lifelong trauma on their innocent lives. It is cruel. It
is cowardly. It's un-American. As I have stated in the past, I will not
condone the use of our military reservists to participate in any effort
at the border that is connected to this inhumane practice. This vile
practice must end.''
Lt. Governor Wyman said, ``This practice represents a new low in
American foreign policy and in our humanity--it certainly doesn't
reflect the country I was brought up in, know, and love. This isn't
about politics or policy, it's about children who are suffering terror
at the hands of the U.S. Government. It's wrong and it must stop. I
deeply appreciate the doctors, lawyers, and advocates who have shown up
in Texas ready to defend and care for these traumatized children. They
embody the beacon of hope that this Nation was once known to be.''
______

Press Release From Governor John Carney of Delaware
July 24, 2018
governor carney's statement on the delaware national guard and
deployment to the southern border--state of delaware news
https://news.delaware.gov/2018/06/19/governor-carneys-statement-
delaware-national-guard-deployment-southern-border/
DOVER, Del..--Governor John Carney on Tuesday issued the following
statement on the Delaware National Guard and deployment to the Southern
Border:

``I take my job as Commander-in-Chief of the Delaware National Guard
extremely seriously. In the last year, we've sent Guardsmen and women
to Texas, Hawaii, and Puerto Rico to help our fellow citizens cope with
natural disasters. We've sent Delaware Guardsmen and women overseas to
keep us safe. I'm extremely proud of Delaware's soldiers and airmen and
women. Today, we received a request to send Delaware National Guard
troops to the Southwest Border. Under normal circumstances, we wouldn't
hesitate to answer the call. But given what we know about the policies
currently in effect at the border, I can't in good conscience send
Delawareans to help with that mission.
``If President Trump revokes the current inhumane policy of separating
children from their parents, Delaware will be first in line to assist
our sister States in securing the border. I served in Congress, and I
watched for 6 years as that body failed to pass a comprehensive
immigration policy that would secure our borders in a way that upholds
the values of this great country. Congress and the President need to
step up and fix the mess that our immigration system has become.''
______

Tweets From Governor Larry Hogan of Maryland
8:14 A.M.--19 Jun 2018
@GovLarryHogan.--Until this policy of separating children from
their families has been rescinded, Maryland will not deploy any
National Guard resources to the border. Earlier this morning, I ordered
our 4 crewmembers & helicopter to immediately return from where they
were stationed in New Mexico.
@GovLarryHogan.--Washington has failed again & again to deliver
needed immigration reform--Congress and the administration must step up
and work together to fix our broken system. Immigration enforcement
efforts should focus on criminals, not separating innocent children
from their families.
______

Tweet From Governor Steve Bullock of Montana
8:49 A.M.--20 Jun 2018
@GovernorBullock.--There are no Montana National Guard Troops at
the southern border, because back in April I refused to send them. As a
governor and as a father, I'm disgusted. I don't care if it's the
President or Congress--these atrocities must end immediately.
______

Press Release From Governor Phil Murphy of New Jersey
governor murphy signs executive order to prevent state resources from
being used to separate families of immigrants
TRENTON.--Today, Governor Phil Murphy signed an Executive Order to
prohibit any State resources from being used to assist the Trump
administration's policy of separating the families of immigrants.

``Ever since our founding--and even before--our Nation has been a
beacon for families seeking freedom and yearning for a better life.
President Trump has turned this promise on its head by doubling-down on
his inhumane and cruel policy of separating families,'' said Governor
Murphy. ``It has no basis in law or Scripture, no matter how many times
the President, the Vice President, or anyone who tries to defend this
policy tries to spin it. This is a matter of human rights, human
dignity, and basic humanity.''
______

Statement From Governor Andrew M. Cuomo of New York
Governor Cuomo: ``New York will not be party to this inhumane treatment
of immigrant families along our border.''
``The administration's unconscionable treatment of families at our
border is a moral outrage and an affront to the values that built this
State and this Nation.
``In the face of this on-going human tragedy, let me be very clear:
New York will not be party to this inhumane treatment of immigrant
families. We will not deploy National Guard to the border, and we will
not be complicit in a political agenda that governs by fear and
division.
``Day after day, I am increasingly disturbed by the reports of
disgraceful tactics used by ICE both in our own State and along our
Nation's border. I have called on the Acting Inspector General of the
Department of Homeland Security to investigate illegal and
discriminatory ICE tactics in New York and to tell us what his office
is doing about the assault on immigrant families along our border.
``In New York, we stand for the values embodied by the Lady in our
Harbor. We know that our diversity is our greatest strength, and we
will never stop fighting to protect and strengthen the rights of
immigrants.''
______

Press Release From Governor Roy Cooper of North Carolina
governor cooper recalls north carolina national guard members
June 19, 2018
RALEIGH.--Governor Cooper today shared the following statement
about North Carolina National Guard members:

``The cruel policy of tearing children away from their parents requires
a strong response, and I am recalling the three members of the North
Carolina National Guard from the border.''

Background: As had been done under President Bush and President
Obama, the North Carolina National Guard had deployed requested
assistance to the U.S. Southern Border. The current deployment includes
a helicopter and three National Guard members.
______

Tweets From Governor Kate Brown of Oregon
April 4
@OregonGovBrown.--There's been no outreach by the President or
Federal officials, and I have no intention of allowing Oregon's guard
troops to be used to distract from his troubles in Washington.
@OregonGovBrown.--If @realDonaldTrump asks me to deploy Oregon
Guard troops to the Mexico border. I'll say no. As Commander of
Oregon's Guard, I'm deeply troubled by Trump's plan to militarize our
border.
@OregonGovBrown.--Dr. Martin Luther King Jr. changed our nation
forever through his leadership, service, and clarity of vision. As we
honor his legacy and reflect on the progress we've made, we must also
rededicate ourselves to defending the civil rights of all Americans.
______

Tweet From Governor Tom Wolf of Pennsylvania
5:21 P.M.--19 Jun 2018
@GovernorTomWolf.--While PA proudly sent troops to TX, FL, and
Puerto Rico for disaster relief and I believe we need to protect our
borders from real threats, I oppose State resources being used to
further Pres. Trump's policy of separating young children from their
parents. https://www.nytimes.com/2018/06/19/us/national-guard-trump-
children-immigration.html
______

Statement From Governor Gina Raimondo of Rhode Island
governor raimondo: ``i will not deploy ri national guard units to the
southern border to support family separation''
PROVIDENCE, RI.--A day after signing legislation to protect Rhode
Island's Dreamers, Governor Gina M. Raimondo issued a declarative
statement this morning saying that Rhode Island will not send the Rhode
Island National Guard to the Southern Border to support the Trump
administration's policy of family separation:

``The Trump administration's family separation policy is immoral,
unjust, and un-American. I have not yet been asked, but if I am, I will
not deploy units from the Rhode Island National Guard to the Southern
Border to support the administration's policy that is ripping families
apart.
``Children should be with their families, not trapped in cages, sobbing
and calling out for their parents. The administration's immigration
policy goes against everything we value as Rhode Islanders, as
Americans and as decent people.
``The President alone can end family separation. I'm standing with all
good-hearted people in our Nation and calling on President Trump to end
this inhumane policy.''

Governor Raimondo is the commander-in-chief of the Rhode Island
National Guard.

Statement From Governor Phil Scott of Vermont
20 JUNE 2018
MONTPELIER, VT.--Governor Phil Scott today issued the following
statement in response to Federal immigration policy and the situation
on the Southern Border.

``The recent `zero tolerance' policy adopted by the Trump
administration has raised the concerns of many--myself included--
especially as it relates to the separation of immigrant children from
their parents. Families should be kept together, and all people should
be treated humanely and with dignity.
``Our understanding is that the office of the Vermont U.S. Attorney has
made clear their office is not under this directive, which means this
is not occurring at the Vermont/Canada border. I am pleased to see our
U.S. Attorney's office will continue to use discretion on a case-by-
case basis as they handle immigration cases for those entering through
Vermont's Northern Border.
``To be clear: Vermont has not received a specific request to deploy
troops to the Southern Border. However, following a general call from
the White House in April, I made clear to the National Guard I did not
plan to deploy troops under those circumstances and that has not
changed.
``As I stated earlier this week, I am also encouraged by the work of
Vermont's Congressional Delegation, along with a bipartisan group of
lawmakers in Congress, on efforts to reform Federal immigration policy.
``I call on the Federal Government to find the best path forward to
keeping families together and ensuring humane and fair treatment of
all, while securing our Nation's borders.''
______

Press Release From Governor Ralph Northam of Virginia
governor northam recalls virginia national guard troops from u.s.
southwest border
Four soldiers, helicopter recalled in response to zero-tolerance
immigration policy resulting in mass family separations
RICHMOND.--Governor Ralph Northam today issued the following
statement after he ordered the recall of four Virginia National Guard
Soldiers and one helicopter from the U.S. Southwest Border in response
to the Federal Government's enforcement of a ``zero-tolerance'' policy
that separates immigrant children from their families.

``Virginia benefits from the important work of securing our border
and we have a responsibility to contribute to that mission. However, we
also have a responsibility to stand up to policies or actions that run
afoul of the values that define us as Americans. Today I spoke with the
Adjutant General of the Virginia National Guard and ordered him to
withdraw four soldiers and one helicopter from Arizona until the
Federal Government ends its enforcement of a zero-tolerance policy that
separates children from their parents.
``When Virginia deployed these resources to the border, we expected
that they would play a role in preventing criminals, drug runners, and
other threats to our security from crossing into the United States--not
supporting a policy of arresting families and separating children from
their parents.
``Let me be clear--we are ready to return and contribute to the
real work of keeping our Nation safe. But as long as the Trump
administration continues to enforce this inhumane policy, Virginia will
not devote any resource to border enforcement actions that could
actively or tacitly support it. I urge President Trump and leaders in
Washington to turn away from this zero-tolerance policy and come to the
table on the real immigration reform this Nation needs.''

Mr. Correa. The major reason they cite is family
separation. This is the one issue that is causing a lot of
Americans a lot of anxiety. So I just wanted to make sure I
told you so you can understand that I personally appreciate the
job you do. Mexico is California's biggest trading partner,
drug issues are big issues in my district like they are around
the country. We want to fix them and we want to make sure that
America is a great place for all Americans to live. So, again,
I just wanted to thank you for the good job you do. Finally,
you know, I was noticing you--serious here, you said you seized
about 11,000 pounds of marijuana.
Mr. Karisch. The National Guard, yes.
Mr. Correa. The National Guard. You know, my policy
question is now that cannabis is fully legal in California and
cannabis is probably legal one way or another in more than--you
know, population in this country, more than 50 percent of the
population lives under a jurisdiction where cannabis is legal.
I am just trying to figure out how we address that when it
comes to your job.
Mr. Karisch. Sir, in Arizona, my agents have seized
actually 125,000 pounds of marijuana----
Mr. Correa. Coming or going?
Mr. Karisch. Coming in the United States. So the issue is
we have had 65 percent reduction in the amount of marijuana
that comes across the borders for various reasons, medical
marijuana, recreational laws passed in the United States, but
still a sizable amount of that contraband coming in. But
notwithstanding I think also that the criminal organizations
are going to change their business model at some point in time
and we are starting to see evidence of that of them reverting
more to the hard drugs because that is going to be the future.
We have had spikes in methamphetamine seizures, cocaine is
coming back up, heroin and, of course, the big fear is the
fentanyl issues with the opioids coming across the border. So I
think there is a lot of work that we all have to do together.
That is why I say I really welcome their support because if
they can give greater situational awareness, if they can do
some of the jobs that won't time my people into camera rooms,
that frees us up is to make that interdiction.
Mr. Correa. In conclusion, Madam Chairwoman, I just want to
say, look forward to working with you, make sure you are
successful in stopping those kinds of hard drugs and other
paraphernalia coming into the United States. Thank you very
much, sir.
Ms. McSally. Gentleman yields back.
If you don't mind indulging one more last quick question,
is that all right? So I just want to ask you, Chief Karisch.
You know, I am really concerned, remain concerned about the
retention issues both within Border Patrol and our CBP officers
and some of the elements--I mean we have seen this in the
military, too, when you are undermanned and the mission is
intense and there is no relief in sight or you start doing more
and more things outside your core competency, you can find this
sort-of spiraling down in retention, right, because just things
keep getting worse and then more people leave and then get
worse, is in any way, are you seeing any shift with morale and
retention specifically related to the National Guard
deployment, so that there is a little bit of a pressure relief
that could maybe start us going in a better direction?
Mr. Karisch. Well, first of all, I have had the opportunity
to talk the Guardsmen that are in Tucson actually in trying to
recruit, I think that that is going to be a valuable tool----
Ms. McSally. Interesting.
Mr. Karisch. For CBP and the Border Patrol throughout is to
try to recruit, and not only for them but to also reach out to
family members because they are going back to their locations,
I think this is going to be a good opportunity for us is to do
it. Yes, we have got some efficiencies that we have got to do
in our hiring is to get the additional people on-board, and key
to that is also is making sure that we retain the officers and
agents that we have, because oftentimes we can't offer a lot of
the locations maybe that other Federal agencies, and I am
talking about cities to live in but we can make up with that
also in some type of incentive is to make sure that the
employee feels valued, feels appreciated, that he is given time
in a certain area.
Ms. McSally. But are you seeing with the Guard deployment
that just a little bit of a pressure relief of the undermanned
demands and people being able to be more in their core
competency instead of vehicle maintenance or camera, whatever
that--are you--I know you probably haven't measured it.
Mr. Karisch. No, we haven't. I mean but based on the
conversations that I have had with our work force, it has been
very positive. I believe the last statistics that I heard this
year also is that our hiring will actually eclipse our
attrition this year, which is going to be helpful. So every
little bit that we can do is going to continue to help us on
that.
Ms. McSally. Fantastic. Thank you. I appreciate that.
Thanks for letting me divulge there. I want to thank the
witnesses for all your valuable testimony and all your service
and the Members for their questions. The Members of the
committee may have some additional questions for you. I will
ask you respond to these in writing. Pursuant to Committee Rule
VII(D), the hearing record will be held open for 10 days.
Without objection, the committee stands adjourned.
[Whereupon, at 3:51 p.m., the subcommittee was adjourned.]

A P P E N D I X

----------

Questions From Honorable Filemon Vela for Rodolfo Karisch
Question 1a. When CBP was enforcing the Trump administration's zero
tolerance policy, what criteria and processes did Border Patrol agents
use to verify family relationships?
Answer. Regardless of the Zero Tolerance Prosecution Initiative,
U.S. Border Patrol (USBP) agents have always prioritized the safety and
security of minors in our custody including those who claim to be
accompanied by a parent or legal guardian. USBP agents rely on all
available evidence to corroborate a familial/custodial relationship.
This evidence includes verifiable documentation such as a birth
certificate, passport, or other State-issued documentation. Agents also
rely on interviewing techniques to make a prima facie determination of
a parental relationship based on the available information.
Question 1b. How were these family relationships recorded and
maintained in CBP's databases?
Answer. The U.S. Border Patrol has a Family Panel in e3 Intake.
USBP agents select the members of the family and their role (ex.
mother, father, son, daughter) and create a family unit or family
group. There is a unique number assigned to each family unit or group.
Family Unit records are stored in the Enforcement Integrated Database
(EID). When subjects are no longer being held as a family unit, the
designation is removed. Any minors would be re-classified as UACs. When
the Border Patrol removes a Family Unit designation, the record in the
live system was moved from the main table to a journal table. The
record was not removed from the database. These records are still
available for review and reporting from the journal tables in the EID.
CBP continues to refine its systems and processes to accurately
maintain records. Moving forward, in the event of a separation,
electronic records for all family members are linked in the in e3
Detention Module (e3DM) to facilitate contact or reunification at a
later date.
Question 1c. What safeguards or measures were put in place, if any,
to facilitate eventual reunification? If none were put in place, why
not?
Answer. When a family unit is separated, the minor's alien
registration number should be recorded in the parent's file and vice
versa. This information is in the electronic system of record. The
minor is transferred to the care and custody of the Department of
Health and Human Services, Office of Refugee Resettlement and all
appropriate information about the parent's whereabouts is provided to
ORR. An information sheet provided to parents provides the alien parent
with contact information for the agencies responsible for family
reunification, ORR's Parent Hotline, and ICE's Parental Interests Unit.
Question 2a. Can you please explain what CBP does to ensure family
units are kept together, per its 2015 National Standards on Transport,
Escort, Detention, and Search (TEDS)?
Answer. U.S. Customs and Border Protection's (CBP's) National
Standards on Transportation, Escort, Detention, and Search (TEDS)
policy states in part that ``CBP will maintain family unity to the
greatest extent operationally feasible, absent a legal requirement or
an articulable safety or security concern that requires separation.''
To ensure family units are kept together, they are classified in the
U.S. Border Patrol's e3 system as being in a family unit or family
group. This ensures that we have documented their familial
relationship. To determine processing dispositions, USBP takes into
account their status as a family unit. This classification affects
processing and custody arrangements.
Question 2b. Do the 2015 TEDS still apply to Border Patrol's
operations?
Answer. The TEDS Standards apply to CBP's U.S. Border Patrol
(USBP).
Question 2c. How are you enforcing adherence to TEDS by Border
Patrol agents?
Answer. TEDS establishes minimum standards for all operational
offices under CBP. Each operational office, including the U.S. Border
Patrol, must establish policies and procedures that include these
minimum standards. USBP has systems in place that are used to record
the information TEDS requires. Information can be pulled from the
system to verify complaince. Stations also have quality assurance teams
that verify information is properly recorded. Training is conducted to
ensure agents are familiar and fully understand the TEDS policy.
Question 3a. Chief Karisch, you testified that National Guard
personnel assigned at ports of entry are ``supporting and running the
non-intrusive inspection devices, X-raying vehicles, X-raying the
freight that is coming into the United States, freeing up . . .
officers at the port of entries . . . to do other duties.'' Can you
please describe the type and length of training these Guardsmen receive
before conducting non-intrusive inspections of cargo and passenger
vehicles?
Answer. The National Guard personnel at the ports of entry support
non-intrusive ground operations, guiding the flow of conveyances
through active non-intrusive inspections, under the direct supervision
of a Customs and Border Protection Officer (CBPO) and primary operator.
The National Guard personnel performing cargo dock support, guide
vehicles in a controlled area, and unload, move, and load commercial
goods to facilitate inspections by CBPOs. This includes preparing boxes
and crates for inspection by removing tape and plastic covering.
The National Guard personnel receive overview training in the ports
of entry regarding the traffic flow, the specific areas where they will
work, and how to effectively perform those duties under the direct
supervision of a CBPO. For the National Guard personnel working as
operational support for non-intrusive inspections, CBP provides
Radiation Awareness Training, Radiation Safety Refresher Training, and
Non-Intrusive Inspections Secondary Operator training for the specific
equipment in the port of entry where National Guard personnel operate.
Upon arriving to the Port of Entry, the National Guard personnel
were given 2-day instruction on the Cargo and NII Operations. This
training included basic traffic flow, personal safety when moving
around the cargo environment, Personal Protective Equipment, and NII
exclusion zones of the Large Scale X-Ray systems. If additional
training is needed, such as forklift training, CBP either provides the
training or verifies that existing military certifications meet CBP
requirements.
All duties assigned to the National Guard are to be conducted with
a CBP officer present for guidance and direct supervision.
In addition, the National Guard communicates at our NII Command
Center to the various points of the NII Operation. By utilizing radio
communication, they are able to help in the traffic follow and
direction of conveyances that are being inspected using our various NII
systems.
Question 3b. Are the results of those inspections verified by CBP
officers?
Answer. Yes, National Guard personnel perform operational support
functions under the direct supervision of a CBPO at the ports of entry,
such as traffic control, ground guiding, and parking. CBPOs at the
ports of entry perform law enforcement functions and inspections.
Weekly musters are conducted by CBP supervisors and National Guard
Command to insure that all procedures and directions are being
followed.
Question 3c. What is the protocol when a Guardsmen identifies an
anomaly that requires CBP enforcement action?
Answer. During the course of their support duties for NII
operations, National Guard personnel do not identify anomalies, because
they do not conduct NII inspections. The National Guard personnel
perform traffic control into the NII operation areas. CBPOs in
secondary inspection interview the driver and occupants and move them
to a secondary holding area away from the vehicle. CBPOs then conduct a
7-point inspection and a thorough examination of any anomaly
identified. If contraband is discovered, the CBPO will take the
appropriate enforcement action.
In the cargo support role, National Guard personnel conduct ground
guidance, traffic control, and escort trucks for NII inspections. CBPOs
search the cargo and commercial vehicles and take appropriate
enforcement action as needed.
Question 4. Please provide the number of National Guard troops who
have been assigned to ports of entry, the specific ports, and the
duties they are carrying out at each location.
Answer. As of August 20, 2018, 419 National Guard members have been
assigned to ports of entry. This number does fluctuate daily as mission
needs change.

----------------------------------------------------------------------------------------------------------------
Field Office Location Total Duties
----------------------------------------------------------------------------------------------------------------
San Diego:
Calexico.................... 17 Cargo dock inspectional
support, NII operations.
Otay Mesa................... 55 ............................
San Diego................... 0 ............................
San Ysidro.................. 0 ............................
Tecate...................... 2
----------------------------------------------------------------------
Total.............................. ............................ 74
----------------------------------------------------------------------
Tucson:
Nogales..................... 40 Cargo dock inspectional
support, NII operations,
surveillance camera
operators.
Lukeville................... 0 ............................
Douglas..................... 19 ............................
Naco........................ 0 ............................
Sasabe...................... 0 ............................
San Luis.................... 0 ............................
Tucson...................... 4 ............................
----------------------------------------------------------------------
Total.............................. ............................ 63
----------------------------------------------------------------------
El Paso:
Bridge of the Americas...... 29 Cargo dock inspectional
support, NII operations,
vehicle maintenance and
transport, surveillance
camera operators spotter/
observations.
Ysleta...................... 28 ............................
El Paso Field Office........ 5 ............................
Tornillo-Marcelino Serna.... 5 ............................
Presidio.................... 12 ............................
Santa Teresa, NM............ 8 ............................
Columbus, NM................ 7 ............................
Antelope Well, NM........... 0 ............................
----------------------------------------------------------------------
Total.............................. ............................ 94
----------------------------------------------------------------------
Laredo:
Del Rio..................... 12 Cargo dock inspectional
support, NII operations,
vehicle maintenance and
transport, surveillance
camera operators spotter/
observations.
Eagle Pass.................. 12 ............................
Laredo...................... 41 ............................
Roma........................ 8 ............................
Rio Grande City............. 4 ............................
Progreso.................... 12 ............................
Hidalgo/Pharr/Anzalduas..... 24 ............................
Brownsville................. 31 ............................
----------------------------------------------------------------------
Total.............................. ............................ 144
----------------------------------------------------------------------------------------------------------------

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