[House Hearing, 116 Congress] [From the U.S. Government Publishing Office] OVERSIGHT OF FAMILY SEPARATION AND U.S. CUSTOMS AND BORDER PROTECTION SHORT-TERM CUSTODY UNDER THE TRUMP ADMINISTRATION ======================================================================= HEARING BEFORE THE COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES ONE HUNDRED SIXTEENTH CONGRESS FIRST SESSION __________ JULY 25, 2019 __________ Serial No. 116-42 __________ Printed for the use of the Committee on the Judiciary [GRAPHIC NOT AVAILABLE IN TIFF FORMAT] Available http://judiciary.house.gov or www.govinfo.gov __________ U.S. GOVERNMENT PUBLISHING OFFICE 38-654 WASHINGTON : 2020 -------------------------------------------------------------------------------------- COMMITTEE ON THE JUDICIARY JERROLD NADLER, New York, Chairman ZOE LOFGREN, California DOUG COLLINS, Georgia, Ranking SHEILA JACKSON LEE, Texas Member STEVE COHEN, Tennessee F. JAMES SENSENBRENNER, Jr., HENRY C. ``HANK'' JOHNSON, Jr., Wisconsin Georgia STEVE CHABOT, Ohio THEODORE E. DEUTCH, Florida LOUIE GOHMERT, Texas KAREN BASS, California JIM JORDAN, Ohio CEDRIC L. RICHMOND, Louisiana KEN BUCK, Colorado HAKEEM S. JEFFRIES, New York JOHN RATCLIFFE, Texas DAVID N. CICILLINE, Rhode Island MARTHA ROBY, Alabama ERIC SWALWELL, California MATT GAETZ, Florida TED LIEU, California MIKE JOHNSON, Louisiana JAMIE RASKIN, Maryland ANDY BIGGS, Arizona PRAMILA JAYAPAL, Washington TOM McCLINTOCK, California VAL BUTLER DEMINGS, Florida DEBBIE LESKO, Arizona J. LUIS CORREA, California GUY RESCHENTHALER, Pennsylvania MARY GAY SCANLON, Pennsylvania, BEN CLINE, Virginia Vice-Chair KELLY ARMSTRONG, North Dakota SYLVIA R. GARCIA, Texas W. GREGORY STEUBE, Florida JOE NEGUSE, Colorado LUCY McBATH, Georgia GREG STANTON, Arizona MADELEINE DEAN, Pennsylvania DEBBIE MUCARSEL-POWELL, Florida VERONICA ESCOBAR, Texas Perry Apelbaum, Majority Staff Director & Chief Counsel Brendan Belair, Minority Staff Director C O N T E N T S ---------- JULY 25, 2019 OPENING STATEMENTS Page The Honorable Zoe Lofgren, California, Chair, Subcommittee on Immigration and Citizenship, House Committee l-- J) on the Judiciary...................................................... 1 The Honorable Doug Collins, Georgia, Ranking Member, House Committee on the Judiciary..................................... 3 The Honorable Ken Buck, Colorado, Ranking Member, Subcommittee on Immigration and Citizenship, House Committee on the Judiciary.. 5 The Honorable Jerrold Nadler, New York, Chairman, House Committee on the Judiciary............................................... 31 WITNESSES Chief Brian S. Hastings, Chief of Law Enforcement Operations, U.S. Border Patrol, U.S. Customs and Border Protection Oral Testimony............................................... 8 Prepared Statement........................................... 11 Mr. Jonathan H. Hayes, Director, Office of Refugee Resettlement, Administration for Children and Families, U.S. Department of Health and Human Services Oral Testimony............................................... 18 Prepared Statement........................................... 20 Commander Jonathan White, United States Public Health Service Commissioned Corps, U.S. Department of Health and Human Services Oral Testimony............................................... 32 Prepared Statement........................................... 35 Mr. Joseph B. Edlow, Deputy Assistant Attorney General, Office of Legal Policy, U.S. Department of Justice Oral Testimony............................................... 42 Prepared Statement........................................... 44 Ms. Diana R. Shaw, Assistant Inspector General for Special Reviews and Evaluations, Office of Inspector General, U.S. Department of Homeland Security Oral Testimony............................................... 48 Prepared Statement........................................... 50 LETTERS, STATEMENTS, ETC., SUBMITTED FOR THE HEARING Document produced to the Committee by the U.S. Department of Health and Human Services regarding the ``DHS Deterrence Model,'' Submitted by the Honorable Zoe Lofgren................ 67 Letter from the Honorable Ted Deutch to Office of Refugee Resettlement Director Jonathan Hayes, Submitted by the Honorable Ted Deutch........................................... 83 McClatchy article entitled, ``Obama administration fights to keep family detention,'' Submitted by the Honorable Matt Gaetz...... 93 Letter from the Honorable Debbie Mucarsel-Powell to Office of Refugee Resettlement Director Jonathan Hayes, Submitted by the Honorable Debbie Mucarsel-Powell............................... 118 VICE News article entitled, ``4,000 Migrant Kids Might Have to Spend the Rest of Their Childhood in Federal Custody,'' Submitted by the Honorable Veronica Escobar.................... 131 Articles for the record entitled, ``What a Pediatrician Saw Inside a Border Patrol Warehouse''; ``The Border Patrol Hits a Breaking Point''; ``Reports of misconduct and sexual assault of migrant kids surface at Yuma border facility'', and; ``Abner, 17, describes 11 days of hunger and thirst at Yuma's border station''; Submitted by the Honorable Mary Gay Scanlon and the Honorable Madeleine Dean....................................... 138 Articles for the record entitled, ``Autopsy Offers Jarring New Details About the Death of a 16-Year-Old Guatemalan Boy''; ``Plans to Close Carrizo Springs Demonstrate Conditions That are Not in Children's Best Interests'', and; ``ICE Just Quietly Opened Three New Detention Centers, Flouting Congress' Limits''; Submitted by the Honorable Sylvia Garcia............. 170 APPENDIX Statement of Church World Service, Submitted by the Honorable Zoe Lofgren........................................................ 183 Statement of the National Immigrant Justice Center, Submitted by the Honorable Zoe Lofgren...................................... 184 Statement of the American Immigration Council, Submitted by the Honorable Zoe Lofgren.......................................... 186 Questions for the Record Submitted by the Honorable Greg Stanton. 189 U.S. Border Patrol Responses to Questions for the Record Submitted by the Honorable Greg Stanton........................ 192 U.S. Department of Health and Human Services Responses to Questions for the Record Submitted by the Honorable Greg Stanton........................................................ 195 OVERSIGHT OF FAMILY SEPARATION AND U.S. CUSTOMS AND BORDER PROTECTION SHORT-TERM CUSTODY UNDER THE TRUMP ADMINISTRATION ---------- THURSDAY, JULY 25, 2019 House of Representatives Committee on the Judiciary Washington, DC. The committee met, pursuant to call, at 10:03 a.m., in Room 2141, Rayburn House Office Building, Hon. Jerrold Nadler [chairman of the committee] presiding. Present: Representatives Nadler, Lofgren, Jackson Lee, Cohen, Johnson of Georgia, Deutch, Bass, Richmond, Cicilline, Swalwell, Lieu, Raskin, Jayapal, Demings, Scanlon, Garcia, Neguse, McBath, Stanton, Dean, Mucarsel-Powell, Escobar, Collins, Chabot, Gohmert, Jordan, Buck, Gaetz, Johnson of Louisiana, Biggs, Lesko, Reschenthaler, Cline, Armstrong, and Steube. Staff Present: Joshua Breisblatt, Counsel; Rachel Calanni, Professional Staff Member; Susan Jensen, Parliamentarian/Senior Counsel; Madeline Strasser, Chief Clerk; Brendan Belair, Minority Staff Director; Bobby Parmiter, Minority Deputy Staff Director/Chief Counsel; Jon Ferro, Minority Parliamentarian/ General Counsel; Andrea Loving, Minority Chief Counsel, Subcommittee on Immigration and Citizenship; Erica Barker, Minority Chief Legislative Clerk; and James Rust, Minority ICE Detailee. Ms. Lofgren. The House Committee on the Judiciary will come to order. And without objection, the chair is authorized to declare recesses of the committee at any time. Chairman Nadler is running a little bit late. So in order to get to our witnesses, the staff has asked that I begin, and he will give his opening statement upon his arrival. I want to welcome everyone to this morning's hearing on Oversight of Family Separation and CBP Short-Term Custody under the Trump Administration, and I will now recognize myself for an opening statement. We are here today to hold the administration accountable for its failure to effectively manage the humanitarian crisis at the border and for continuing to mistreat children and families. Nearly 6 months have passed since our first hearing on the Trump administration's family separation policy, and yet parents and children are still being separated and detained in deplorable conditions every day. Less than 2 weeks ago, Vice President Pence stated that U.S. Customs and Border Protection is providing compassionate care to immigrants in a way that ``every American would be proud of.'' But just 2 weeks earlier, DHS's own Inspector General released the second of two management alerts detailing the overcrowded and dangerous conditions at CBP facilities in Texas. Unlike the Vice President, I do not believe that Americans are proud of how we are treating these children, and I know of no parent who would want their child housed in conditions that deprive them of nutritious food, safe water, clean clothing, and a place to sleep, not to mention the soap, toothpaste, and toothbrushes that this administration in open court argued were not necessary for the health and sanitation of detainees. Acting Secretary McAleenan has stated that families are only separated when CBP is unable to confirm the relationship between the child and the person claiming to be the parent or legal guardian or when the child's safety is at risk. But the Government's own data disproves this. Out of 400 children separated from their parents between June 2018 and March 2019, only 3 percent were separated for these reasons. And of those cases, it is now clear that CBP made egregious errors in some of those separations. Take, for example, Maria--a pseudonym--a client of the National Immigration Justice Center, who was separated from her child upon arrival. One month later, Maria learned that her child had been taken from her because she had been identified as having a criminal history in her home country. Maria denied this, but it was not until lawyers obtained official documents from El Salvador proving that she had no criminal background that she was allowed to reunite with her son, a full 3 months later. When they finally got together, Maria's son was withdrawn and disconnected from his mother. While the Trump administration claims that its policies are the only way to manage the current influx of immigrants at the border, that is not true. Every administration has grappled with migration challenges, but none have exposed children and families to such appalling conditions. No administration has resorted to the cruelty of systematically separating kids from their parents as a method of deterrence. We are dealing with an administration that has dehumanized immigrant children and families and refuses to implement smart immigration policies. As a result, Border Patrol agents report low morale, high stress, and an inability to focus on their primary responsibility of protecting our borders. Asylum officers report that the migrant protection protocols, otherwise known the ``remain in Mexico policy,'' have made problems at the border even worse. A competent and capable administration would have planned for the expected arrival of families and children seeking protection and developed the necessary infrastructure to ensure that those who must be detained are held in humane conditions. A capable administration would identify and detain those individuals who may pose a risk to our country and release under supervision until an immigration hearing those who pose no risk, so that overcrowding is not an issue. But we are not dealing with a competent and capable administration. The administration's family separation policy has stained our Nation and will have lasting effects on those who are subjected to it. As a mother and a grandmother, my heart aches for all of them. But as a member of this committee, I know that real solutions are required, and we will keep bringing the administration before us until we find them. I would now recognize the ranking member of the Judiciary Committee, the gentleman from Georgia, Mr. Collins, for his opening statement. Mr. Collins. Thank you, Madam Chair. And here we are again. We have had this same hearing in February. We know that the crisis on the Southern border is being fueled by loopholes in our immigration laws. Border Patrol Chief Provost testified legislative changes were needed to get the situation under control. In fact, we have heard that over and over and over and over again. But the crisis has gotten worse. In February, the Border Patrol apprehended 66,000 individuals. That number would have been above--has been above 92,000 every month since, peaking at over 132,000 apprehensions in May alone. You know, just last week I was horrified and deeply affected when Secretary McAleenan told me that there are three ongoing cases where a small group of children, 5 to 8 in each case, had been used by dozens of different adults to cross our border, seeking release in the U.S. And my colleagues' claim is we care--look, I am going to stop. I am not going to read this. This all--you know what is dehumanizing? It is continuing to bring the same witnesses or the same people from the same agencies to talk about this over and over and over again. What is dehumanizing is doing that and not doing anything about it. That is what is dehumanizing. It is talking about a problem, talking about a problem, talking about a problem, and never putting a solution up. I have talked about this almost at every one of these so far, especially in the last few weeks. And look, my Democratic colleagues have ideas. I may disagree with those ideas, but put a bill up. I have a bill. Put mine up. Make amendments to it. Do whatever you want to do. That is what Congress is supposed to do. Dehumanizing is this. This is dehumanizing. And also what a competent and capable majority would do is actually put a bill forward. Instead, we are not a competent and capable majority, undoubtedly, using the words of the ranking member of the subcommittee. We are not capable and competent because we are not putting bills forward. We are having bash the President time, bash the administration time. This is all it was and all this is. I appreciate you being here to testify. Some of you have been here before. Some of you are replacing the ones who had already testified before. Mr. White, you are back again. Good to see you. This is what bothers me. I can read another opening statement, and we can ask questions, and we will all go through this. And we can talk about how the Trump administration is not competent and not capable. I think that this falls back on us. It falls back on this committee. Why has the majority not put a bill forward? We have heard that it doesn't work. We have heard from both administrations, the Obama administration and the Trump administration, that laws need to be fixed and worked on, but yet we don't do it. We put together this week, we passed on the floor, we passed out of this committee a bill that was a band-aid to fix a little bit of problem, which everybody ought to be treated humanely and as best they can at the border, and we need to have that. That needs to happen. But we just did it in such a way yesterday that it just applied to everybody and, again, applied to nobody in a sense. So as we look at this, as we go forward, you know, Madam Chair, I agree with you. You and I have worked on big things before, but what is dehumanizing is this hearing. What is dehumanizing is this hearing where we are going to talk about it again. And people come, and the folks in this audience, I am glad you are here. We are trying to work on a problem, but don't accept another hearing. Accept some answers. Accept some bills being put forward. Don't be fooled again. If you want to take part in a political positioning paper, then that is what we are doing today. Because we have already heard--there is not--no offense to our witnesses. We have heard your statements already before. So I don't know what is going to move us this time that didn't move us last time. This is becoming, unfortunately, a committee of press releases. That is it. Dehumanizing is taking people you say you care about, but doing nothing for them. That is dehumanizing. Competent and capable, the last time I understood Congress to pass legislation. I will be very slow. Pass bills that matter. Don't have hearings that are simply stunts. I think about these kids being used. I think about the issue of the Flores Agreement or the trafficking victims or the asylum issue, things that have been talked about by multiple administrations. And even under us, even under the previous Congress, I will go ahead and say it before anybody else does. Republicans didn't do anything. You know what was really funny? When they had a chance this year to work on the Dreamer bill, the majority leader went to the floor and said we could have worked on this last year. We were one signature away from passing the Dreamer bill, getting it off the table and passing it. Then why didn't you bring that bill back to the floor? There was one vote, or you had one signature away. Now you are in the majority. You should have been able to pass it and probably would have passed it with 40 or 50 votes. No, but I will tell everybody watching, you know the reason you didn't? Because we didn't have it political enough. The Dreamer bill, we had to add in everything else. Not that it could get passed, not that we could help the Dreamers, not that we could help the DACA recipients. We wanted a political stunt. If it wasn't, then I challenge you. Go ask the majority leader why he didn't bring back the bill from last year. I will tell you why. It is because it was something that would pass but didn't have everything else political on there. So, Madam Chair, I appreciate it. I couldn't read the rest of this. I mean, this is dehumanizing. This is showing a noncompetent and noncapable majority, and so a Congress that is willing to listen to problems and not act on problems. So here we go. Popcorn machine is ready. Anybody wants some, send the office over here. The show begins. I yield back. Ms. Lofgren. The gentleman yields back. I would note that the chairman of the committee will be recognized for his opening statement when he arrives. So at this point, I will recognize the ranking member for the Immigration Subcommittee, Mr. Buck, for his opening statement. Mr. Buck. Thank you. As I have been saying for months now, there is a crisis on the Southern border. What has the Democrat response been to the crisis? The majority spent the first 6 months of this year denying there was a problem. Some Democrats claim the crisis was manufactured. The House Democratic Whip even laughed at the crisis. What else have Democrats done? In February, Democrats cut funding for ICE detention beds in the omnibus spending bill. One article suggested the Democrats' bill would encourage ICE to detain fewer immigrants and asked will it work? We now know the answer. No. The committee heard testimony from Carla Provost, Chief of Customs and Border Protection, that her agents were facing a ``border security and humanitarian crisis.'' On the very same day, the Democrat majority passed a resolution rejecting the President's emergency declaration targeted at addressing the crisis. House progressives objected to passing a supplemental funding bill a few weeks ago to provide needed resources to address the crisis. This crisis is not only being felt at the border, it is being felt in many small towns across the country. Recently, several mayors went to the border and saw the crisis firsthand. They commented on how it impacts their community. ``Cities were among the first to feel the impact of this crisis, and local communities have made extraordinary efforts to alleviate the human suffering,'' Rochester Hills, Michigan, Mayor Bryan Barnett has said. ``We are pleased the Congress recently provided some emergency funding, but it is clear that more must be done to meet the needs at the border.'' Mesa, Arizona, Mayor John Giles said, ``We had a frank and candid discussion with Acting Secretary McAleenan about the realities that border cities face each day and the need for the Federal Government to find solutions that prioritize the health and well-being of asylum seekers without draining community resources.'' ``We have had in the previous 3 months 5,000 people come through our shelter in Yuma,'' Mayor Douglas Nicholls said. ``The City of Yuma is 100,000 people. So it is a big impact on our community. In the past 4 months, Yuma has spent $1.5 million for migrant care.'' Perhaps nowhere is the impact of Washington's failures and the Democrats' negligence more acutely felt by America's mayors than in the area of education. According to one estimate, educating the children of illegal immigrants poses a cost to America's public schools of $59.8 billion per year, with 98.9 percent borne by State and local taxpayers. As illegal immigration increases, costs have skyrocketed, including for limited English proficiency programs that are a major drain on school budgets. Commenting on the impact of local government, Randy Capps of the Migration Policy Institute has said, ``Public education is where the real big cost comes in. The amount of taxes that the parents pay, it is not going to be as much as is spent on public education for their kids and food stamps for their kids.'' Last week, the Immigration and Citizenship Subcommittee heard testimony that policies passed by Congress contribute greatly to USCIS processing backlogs. We have also heard congressional policy can have a devastating impact, encouraging and incentivizing illegal immigration. For example, the situation involving unaccompanied minors was made worse, much worse by legislation pushed by Senator Feinstein and passed by Congress in 2008. The number of unaccompanied children grew from 8,041 in 2008 to 50,036 last year, a 622 percent increase. The Federal agencies have sounded the alarm. Local governments have sounded the alarm. Think tanks have sounded the alarm. Republicans have sounded the alarm. The President has sounded the alarm. Despite this, Democrats refuse to address the root causes of the problem and, in turn, refuse to solve the crisis. They would rather ignore the problem or even make it worse than acknowledge the President is right. What do we need to do? First, we need a stronger commitment from Congress to secure the border, and this includes building the wall. Second, we need to pass H.R. 586. This bill will help keep families together while fixing some of the rules that currently tie the hands of DHS. It will close loopholes related to human trafficking, and finally, it will prevent frivolous asylum claims, allowing the agencies to focus on and prioritize genuine claims. I hear repeatedly from those on the other side of the dais that someone is not an illegal alien if they file an asylum claim. That is not true if the applicant has filed a fraudulent claim. In that case, the applicant is not in the country legally because they have committed immigration fraud. We need to enact reforms overriding the judicial settlement that ties the hands of the agencies responsible for securing our border. America will always be a place that welcomes legal immigrants. This great nation will always have a generous immigration policy, but we need an immigration system that works for America, and we cannot, cannot continue to ignore or, given Democrat policy priorities, make worse the crisis at the border. I look forward to hearing from our witnesses today and hope they will share with us what Congress can do to address the crisis and, even more, hope Democrats in Congress will not only listen, but take the right action. I yield back. Ms. Lofgren. The gentleman yields back. This is the Judiciary Committee's hearing on Oversight of Family Separation and CBP Short-Term Custody. We have two functions in Congress. One is passing bills, and second is oversight to see that the laws are being faithfully executed. Today, we have a number of witnesses who will help us understand whether the administration is falling short in its obligation to see that the laws are begin faithfully executed. I will introduce them now. Ryan Hastings is the Chief of the Law Enforcement Operations Directorate at the Border Patrol headquarters in Washington, D.C., where he is responsible for oversight of the day-to-day law enforcement operations at Border Patrol sectors. Chief Hastings has served with U.S. Border Patrol since 1995, and over the course of his tenure there, he has worked in various sectors and Border Patrol divisions in a variety of leadership positions. Prior to his current position, he served as chief patrol agent of the Buffalo sector from 2012 until November of 2017. Jonathan Hayes serves as the Director of the Office of Refugee Resettlement in the Administration for Children and Families at the Department of Health and Human Services. Prior to being named Acting Director in November and being formally installed as Director in February of this year, Mr. Hayes was chief of staff for the Office of Refugee Resettlement in the Office of Director. Mr. Hayes has also served as chief of staff to two Members of Congress and has experience in the private sector, specializing in broadcast sales and marketing, international trade and customs, and commercial airline operations. Jonathan White is Commander of the U.S. Public Health Service Commissioned Corps at the Department of Health and Human Services. He is currently a senior adviser in the Office of Emergency Management and Medical Operations, and he was the Federal health coordinating official for the Unaccompanied Alien Child Reunification Mission from June to December of 2018. Commander White is a career public health officer who has worked with HHS for nearly a decade. He is a licensed clinical social worker, emergency manager, and certified public health professional. Joseph Edlow currently serves as the Deputy Assistant Attorney General with the Office of Legal Policy at the Department of Justice, where he focuses on immigration policy. Before joining the Department in 2018, Mr. Edlow worked in Congress for one of our own former Members, Mr. Raul Labrador of Idaho, and also served as his counsel for the Immigration Subcommittee. Prior to that, he worked with the Baltimore, Maryland, Immigration and Custom Enforcement field office, where, as assistant chief counsel, he represented DHS in removal proceedings and specialized in worksite enforcement, national security, and gang members. And finally, Diana Shaw was appointed the Assistant Inspector General for Special Reviews and Evaluations for the Department of Homeland Security of Inspector General in March of this year. Ms. Shaw has also served in several other leaderships positions with the Inspector General's office, including Assistant Inspector General for Legal Affairs, acting counsel to the Inspector General, Director of the Special Review Groups, and Acting Assistant Inspector General for External Affairs. Prior to joining the Office of the Inspector General, Ms. Shaw practiced law with a firm's white collar crime group, specializing in internal investigations and compliance counseling. We welcome all of our distinguished witnesses and thank them for participating in today's hearing, and now if you will please rise, I will begin by swearing you in. If you would please raise your right hand, do you swear or affirm under penalty of perjury that the testimony you are about to give is true and correct, to the best of your knowledge, information, and belief, so help you God. [Response.] Ms. Lofgren. And the record will note that each of the witnesses replied in the affirmative. And we will now receive your testimony. Please note that each of your written statements will be entered into the record in its entirety, and accordingly, I ask that you summarize your testimony in about 5 minutes. To help you stay within that timeframe, we have a lighting system. When the light switches from green to yellow, it means you have 1 minute to conclude your testimony. And when the light turns red, it means your 5 minutes is up. So we would ask you to try and finish up when that occurs. Chief, let us begin with you. TESTIMONY OF BRIAN S. HASTINGS, CHIEF, LAW ENFORCEMENT OPERATIONS, U.S. BORDER PATROL, U.S. CUSTOMS AND BORDER PROTECTION; JONATHAN H. HAYES, DIRECTOR, OFFICE OF REFUGEE RESETTLEMENT, ADMINISTRATION FOR CHILDREN AND FAMILIES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES; JONATHAN WHITE, COMMANDER, UNITED STATES PUBLIC HEALTH SERVICE COMMISSIONED CORPS, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES; JOSEPH B. EDLOW, DEPUTY ASSISTANT ATTORNEY GENERAL, OFFICE OF LEGAL POLICY, U.S. DEPARTMENT OF JUSTICE; AND DIANA R. SHAW, ASSISTANT INSPECTOR GENERAL FOR SPECIAL REVIEWS AND EVALUATIONS, U.S. DEPARTMENT OF HOMELAND SECURITY, OFFICE OF INSPECTOR GENERAL TESTIMONY OF BRIAN S. HASTINGS Mr. Hastings. Good morning, Chairman Nadler, Ranking Member Collins, and members of the committee. You have asked me here today to testify regarding the allegations that CBP has begun the widespread separation of children. Let me be clear. This is not occurring. Border Patrol has separated less than 1,000 children of the approximately 413,000 family members apprehended, or 0.45 of all families we have apprehended this fiscal year. Separation is an incredibly rare occurrence and only takes place in compliance with the President's June 20, 2018, executive order and preliminary injunction in the Ms. L. v. ICE case. The vast majority of separation involve adults who, due to their criminal or gang history, would not be eligible for release had they been apprehended alone. Bringing a child illegally into the U.S. should not entitle anyone to be released into U.S. communities. Many of the cases discussed recently involve family members other than parents or legal guardians. The laws passed by Congress define an unaccompanied alien child, or a UAC, as a child without a parent or a legal guardian. By law, Border Patrol is required to turn over all UACs to HHS. Since late June, Members of Congress have been vocal about the condition of Border Patrol facilities. Frankly, this attention came far too late to address the overwhelming situation that we have raised concerns about for the past 8 months. You have heard the DHS Acting Secretary state that 4,000 aliens in custody across the entire Southwest border is an acceptable level. We first surpassed 10,000 people in custody in April 13th of 2019. By May, apprehensions had spiked to more than 132,000, with as many as 19,500 people in Border Patrol custody. ICE and HHS were unable to keep pace with these record apprehensions. By June 6th, the number of UACs in our custody peaked at 2,700. After Congress passed a supplemental 3 weeks later providing HHS funding for additional bed space, the number of UACs in Border Patrol custody quickly dropped to 300. By contrast, ICE was denied supplemental funding for single adult bed space, and single adults continue to remain in Border Patrol custody much longer than they should. I am very concerned that if ICE is unable to take custody of these adults, we will have to start direct releases at the border. I can tell you that this will create a draw that we have never experienced and result in a complete loss of border security. As Chief Provost testified yesterday, the crisis is not over, and supplemental funding is only a band-aid. Apprehension numbers have decreased from May to June, but 94,000 aliens that we apprehended in the month of June was higher to any June dating back to 2000. The $1.1 billion provided to CBP in the supplemental will help us continue surging agents and officers to assist with the crisis, as well as continuing investing in soft-sided facilities, air and ground transportation, medical support, and consumables. We did not wait for additional funding to start making those investments. We had already contracted for six soft-sided facilities to provide additional capacity before the supplemental was passed. Additionally, we have purchased or leased 515 showers, 240 portable toilets, 24 washers and dryers for the areas that we have the highest apprehensions. To be clear, there has never been a shortage of personal care items for detainees, such as food, snacks, diapers, formula, and hygiene products. We have purchased those items out of operational funding for months and will continue to do so with the additional supplemental funding. While the men and women of Border Patrol have been doing their best in an overwhelming situation for months, so much energy has been forced on vilifying them. In the same way inappropriate conduct by an agent is unacceptable, it is also unacceptable to broadly paint all agents as heartless and inhumane. On a daily basis, agents are feeding and caring for migrants, consoling children, and rescuing over 4,000 aliens that smugglers have placed into peril. They continue to perform their humanitarian mission, knowing that they are sacrificing the border security mission they were hired to do day after day with no one in sight. The funding that was provided to CBP and HHS will only last a few months and will do nothing to address the unsustainably high flow of illegal immigration. Without changes to our immigration system, we will be back here in a few months. The money will run out. The summer heat will subside, and smugglers will adapt, as they always do, to Mexico's efforts. Each of these endeavors are short-term fixes to a long-term problem. We need a functioning system that can quickly adjudicate immigration cases and asylum claims and quickly return those who are unsuccessful back to their home country. We need legal changes to allow the system to detain families together, quickly repatriate UACs, and set a higher bar for credible fear. Border Patrol has apprehended more than 740,000 individuals so far this year, and without holistic changes to the immigration system, loopholes will continue to be exploited, smugglers will continue to profit, and border security will continue to be sacrificed. Thank you. [The statement of Mr. Hastings follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Ms. Lofgren. Thank you. Be pleased to hear from you, Director Hayes. TESTIMONY OF JONATHAN H. HAYES Mr. Hayes. Thank you, ma'am. Chair Lofgren, Ranking Member Collins, and members of the committee, it is my honor to appear today on behalf of the Department of Health and Human Services. My name is Jonathan Hayes. As the Director of the Office of Refugee Resettlement, I manage the Unaccompanied Alien, or UAC, Program. I became the permanent Director earlier this year, and it is a privilege to serve in this role. I am continually impressed with the level of commitment and professionalism that I see in the ORR career staff and our grantees, who carry out round-the-clock operations in service of some of the world's most vulnerable children. I have visited nearly 50 UAC care provider shelters across the United States over the last year so that I could see firsthand the quality of care provided to these children. Prior to my time at ORR, I worked for two congressional Members for approximately 8 years. That experience provided me with firsthand knowledge of the important oversight role that you and your staff have to ensure that Federal programs operate successfully. I would like to first express the Department's appreciation and gratitude to Congress for passing the emergency humanitarian aid package. Immediately upon enactment of the supplemental appropriation, we restored the full range of services for UAC that we were unable to provide during the anticipated deficiency. The number of UAC entering the United States during this fiscal year has risen to levels we have never before seen. As of July 15th, DHS has referred more than 61,000 UAC to us, the highest number in the program's history. By comparison, HHS received 59,170 referrals in fiscal year 2016, the previous highest number of annual referrals on record. HHS currently has about 10,000 children in our care, though this number fluctuates on a daily basis. As of June, the average length of time that a child stays in HHS's custody is approximately 42 days, which is a dramatic decrease of 53 percent from late November 2018, when the average length of care was about 90 days. During my tenure at ORR, we have issued four operational directives and revised our policies and procedures with the specific aim of a more efficient and safe release of UAC from our care and custody. HHS does not enforce immigration laws. The Department of Homeland Security and the Department of Justice perform those functions. In general, DHS separates parents from their children for reasons recognized by the Ms. L. court and agreed upon between DHS, HHS, and the American Civil Liberties Union. Those reasons include unverified familial relationship or fraud, criminal history, communicable diseases, danger to the child, or lack of parental fitness. DHS has also separated adults from children based on lack of parentage. Once HHS receives information from DHS that a child has been separated from a potential parent, we first try to establish communication with the separated adult, whether they are in the custody of DHS's Immigration and Customs Enforcement, DOJ's Federal Bureau of Prisons, or DOJ's U.S. Marshal Service. HHS works to confirm parentage and to confirm the separation. As of July 8, 2019, HHS has discharged 562 of these minors through removal with their parents through ORR's sponsorship process or through voluntary departure. When a child enters ORR care, care provider staff assess each child's needs, including special concerns such as family separation, known medical or mental health issues, and other risk factors. HHS is deeply committed to the physical and emotional well-being of all children in its temporary care. Staff at our care provider facilities are trained in techniques for child-friendly and trauma-informed interviewing, ongoing assessment, observation, and treatment of the medical and behavioral health needs of these children, including those who have been separated from their parents. Care providers must deliver services that are sensitive to the age, culture, and native language of each child. All children participate in weekly individual counseling sessions with trained social work staff, where the provider reviews the child's psychosocial well-being progress, establishes short- term objectives for addressing trauma and other health needs, and addresses developmental and crisis-related needs, including those that may be related to family separation. If children have acute or chronic mental health illnesses, ORR refers them for mental health services within the community. It is the expressed desire and goal of both the political and senior career leadership of ORR to expand our capacity in such a manner as possible so that as many children as possible are placed into a permanent State-licensed facilities or transitional foster care while their sponsorship suitability determinations are made or their immigration cases are adjudicated in the event there is no sponsor available. HHS operates nearly 170 licensed care provider facilities and programs across the United States. These care providers include group homes, long-term therapeutic or transitional foster care, residential treatment centers, staff secure and secure facilities, and shelters. Our facilities provide housing, nutrition, routine medical care, mental health services, educational services, and recreational services, such as arts and sports, services that are similar to the domestic child welfare system. In closing, please know that my top priority and that of my team is to ensure the safety and well-being of the children who are placed temporarily in HHS care and custody as we work to quickly and safely release them to suitable sponsors. Thank you for the support of the UAC program and the opportunity to discuss our important work. I will be happy to answer any questions that you may have. [The statement of Mr. Hayes follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Chairman Nadler [presiding]. Thank you, Director Hayes. Let me apologize for being late. I had unavoidable commitment, which I won't go into. But with the indulgence of the committee, I will give my opening statement now, and then we will resume the testimony. In February, the Judiciary Committee held a hearing to examine the Trump administration's indefensible and repugnant family separation policy. Since then, we have seen how this policy, along with many others, have collectively led to a humanitarian crisis at the border, evidenced by a devastating image of children and families squeezed into overcrowded and unsanitary facilities. Instead of addressing the root causes of migration and competently managing the challenges at our border, the Trump administration has chosen to dehumanize immigrants and exploit this crisis for political gain. In doing so, it has violated American laws and values and caused permanent damage to children and families. The inhumanity of family separation can be illustrated by a story that surfaced last week. According to National Public Radio, a Customs and Border Patrol, CBP, agent forced a 3-year- old child with a serious heart condition to make a serious choice, an impossible choice, to decide which one of her parents she would stay with--her mother, who was allowed into the United States, or her father, who was forced to remain in Mexico. And she had to choose which one to go to in the presence of the CBP agent. But family separation is just one component of this crisis as it clear the conditions at border facilities have deteriorated to an unconscionable level. Twice in the last few months, the DHS Office of Inspector General released reports detailing the severe overcrowding and lack of sanitation at border facilities in Texas. These reports and others are appalling. Facilities lacking safe drinking water and age-appropriate food. A lack of showers and essential personal hygiene products like soap and toothpaste, with some detainees going days or weeks without a shower or the ability to brush their teeth. Children required to share combs during a lice outbreak. Allegations of sexual assault in retaliation against children at the Yuma processing center in Arizona. And tragically, the death of 10 people, including 3 children, in CBP custody over the last 10 months. Administration officials would have you believe that these incidents are the exception, not the rule. Yet we have also learned about racist and misogynous posts in a closed Facebook group of nearly 10,000 current and former CBP officers, almost half the force. Posted a joke about migrant--that joked about migrant deaths and disparaged female Members of Congress. The sheer size of this Facebook group and the fact that the Chief of the Border Patrol, Carla Provost, was allegedly a member at one time is deeply concerning. To be clear, this hearing is not an attack on individual Border Patrol agents but is an examination of the Trump administration's policies and the culture of disdain and cruelty toward immigrants that stems from the White House and apparently has deeply affected the agency. The inhumane treatment of children and families at the border must be examined in the context of these incidents. There must be accountability for the policy choices that got us here. The Trump administration has repeatedly claimed that border conditions are a result of increased numbers of asylum seekers. But let us be clear. We have the capability to have safely processed the influx of migrants and deal with the situation with compassion rather than cruelty. And indeed, if the problem were simply an increase in the number of asylum seekers, the solution would be an increase in bed capacity, an increase in the number of asylum judges, and a policy of letting--of quick trials and quick adjudications so that we don't face the question of long-term detention or long- term release of asylum claimants without adjudication into the country. Instead, the administration has opted for policy choices that compromise safety and exacerbate the crisis, such as locking up all asylum seekers, which is unprecedented in American history, regardless of whether they pose any danger. Although I hope that one day hearings like this will no longer be necessary, today we must continue our efforts to bring these issues to light and to hold the Trump administration accountable for its shameful border policies. And before I finish my statement, I must note--take note of the statement of the ranking member. It is not true that we have had sufficient hearings on this. We will not have sufficient hearings on this until the problem is eliminated. Nor is it true that we have done nothing about this but hold hearings. Just last week, or earlier this week--time flies--we passed the Ruiz bill dealing with proper medical conditions at detention facilities. We passed the Dreamers Act. We have taken legislative action, and we will take more. The fact that the administration is hostile to all legislative action which doesn't evince a terrible hostility to immigrants and to people, to refugees who need asylum status is our problem, but it is not our fault. Before I call on the next witness, I want to thank Ms. Lofgren, the distinguished chair of our Immigration Subcommittee, for beginning the hearing in my absence. Commander White, you may proceed. TESTIMONY OF JONATHAN WHITE Mr. White. Good morning, Chairman Nadler, Ranking Member Collins, members of this committee. It is my honor to appear before you today on behalf of the Department of Health and Human Services. I am Jonathan White. I am a career officer in the United States Public Health Service Commissioned Corps, a clinical social worker and emergency manager. I did serve as the HHS operational lead for the interagency mission to reunify children in ORR care as of June 26, 2018, who had been separated from their parents at the border by DHS. And currently, I am HHS's operational lead for the effort to identify children who had been separated from their parents at the border, referred to ORR, and discharged from ORR care prior to June 26, 2018. After Secretary Azar directed ASPR to help ORR comply with the executive order, we formed an incident management team. And our incident management team was tasked by the Secretary to take all reasonable actions to comply with the Ms. L. court orders. We work closely with DHS, including CBP and ICE, to identify all the parents of children in ORR care who met the court's criteria. And as a result, the current reporting of possible children of potential Ms. L. class members is 2,814 children. And I want to be very clear. That count of 2,814 children does not include children who were discharged by ORR before June 26, 2018, and it does not include separated children who were referred to ORR care after the 26th. Working in close partnership with colleagues in ICE, DOJ, and Department of State, we first worked to reunify children who had parents in ICE custody. This was an unprecedented effort, requiring a novel process, which we developed and the court approved. Under the compressed schedule required by court order of 15 days for children under the age of 5 and 30 days for children between the ages of 5 and 17, we reunified 1,441 children with parents in ICE custody. Those were all the children of eligible and available Ms. L. class members in ICE custody. For children whose parents had been in ICE custody but had been released to the interior, we implemented an expedited reunification process. For parents who had left the United States, the ACLU, who serve as plaintiffs' counsel for the Ms. L. class, obtained from the parents their desire either for reunification in the home country or waiving reunification for children to go through standard ORR sponsorship process. And once we received the parents' desire, HHS, DHS, and DOJ coordinated with the ACLU, with the government of the home country, and with the child's family to ensure safe reunification into the care of the parents. So of the 2,814 children, as of the 9th of July, we have reunified 2,167 with the parent from whom they were separated. Another 611 children have left ORR care through other appropriate discharges, and in most cases, that means released to a family sponsor such as the other parent, an adult sibling, an aunt, an uncle, a grandparent, a more distant relative, or family friend. There are 13 children still in ORR care who were separated but can't be reunified with their parent because the parent has a criminal history that poses a specific threat to child safety, or the child has made credible allegations of abuse by the parent. There are 14 children still in ORR care whose parents are outside the U.S. and have waived reunification. There are 6 children in care who further review determined that they were not separated. There is one child in care whose parents are in the U.S. and have waived reunification. So as of today, of the 2,814 children reported to the court, there is only one child left for whom the ACLU has advised a resolution. The parents' wishes will be delayed. We can't yet reunify that child. But those 2,814 children do not include all children who have ever been separated by the border and referred to ORR. It is only the number that were in care as of June 26th of last year, based on how the court defined the case. On April 25th, the court approved our plan to identify those children. So pursuant to those plans, teams of U.S. Public Health Service commissioned officers reporting to me have completed manual review of every child who was referred to ORR after July 1, 2017, and discharged by June 26th. We send those lists from HHS to CBP and ICE, who conduct their own file review. That completed information is provided to the ACLU as part of a rolling delivery of lists ordered by the judge. And to date, the Federal interagency has provided the ACLU with three lists comprising 981 possible children of potential class members. The judge has given us until October 25th to identify all the children, and I anticipate with great confidence that we will meet his deadline. Our mission is a child welfare mission. We seek to serve the best interests of each child. In almost all cases, the best interests of the child is to be with their parents or their family. That guides us in our work every day in the UAC program and in the reunification of separated children. We have done our best at the Department to achieve that goal. Thank you. I am glad to answer any questions you have for me. [The statement of Mr. White follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Ms. Lofgren [presiding]. Thank you, Commander. We would be happy to hear from you, Mr. Edlow, at this point. TESTIMONY OF JOSEPH B. EDLOW Mr. Edlow. Thank you. Madam Chair, Chairman Nadler, Ranking Member Collins, and other distinguished members of the committee, thank you for this additional opportunity to speak with you today regarding the Department of Justice's role in the zero-tolerance prosecution policy. Congress has directed that certain violations of our Nation's immigration laws should be subject to criminal sanction. The Department of Justice's law enforcement role applies no less to these immigration crimes than it does to other categories of offenses. The current immigration system faces numerous challenges. Nationwide immigration enforcement is being dictated by court orders rather than by sound policy choices via rulemaking or congressional action. Exploitation of our asylum laws and the unaccompanied alien children provisions of the TVPRA have compounded the challenges and left the Federal Government with even fewer viable options to address our ever-growing crisis along the border. This administration has emphasized border security and immigration enforcement. Section 13 of President Trump's Executive Order 13767 directed the Attorney General to establish guidelines and allocate resources to ensure that Federal prosecutors accord a high priority to prosecutions of offenses having a nexus to the Southern border. In fulfillment of that order, on April 11, 2017, then- Attorney General Sessions issued a memorandum to all Federal prosecutors outlining certain immigration-related offenses, including improper entry, as high priorities for prosecution. On April 6, 2018, then-Attorney General Sessions issued the memorandum entitled ``Zero Tolerance for Offenses under 8 U.S.C. Section 1325(a).'' That memorandum directed Federal prosecutors along the Southern border to adopt, to the extent practicable and in consultation with the Department of Homeland Security, a zero-tolerance policy for all offenses referred for prosecution under Section 1325(a) by the Department of Homeland Security. That memorandum remains in force today, and illegal or improper entry, among other immigration crimes, remains a prosecution priority for the Department of Justice. Neither the executive order, nor Department of Justice directive called for, nor created a policy of family separation. The Department of Justice does not dictate which cases are referred by the Department of Homeland Security for prosecution, nor does it maintain a general exemption from criminal liability for parents. The Department of Justice also has no operational or logistical role in either the care or processing of aliens for removal, regardless of whether they are adults or minors. And I will note that the President issued an executive order on June 20, 2018, that directed the Department of Homeland Security, to the extent permitted by law and subject to the availability of appropriations, to maintain custody of alien families together during the pendency of any criminal, improper entry, or immigration proceedings involving their members. Criminal proceedings are separate from administrative immigration proceedings, and prosecution for illegal entry does not foreclose an alien's ability to make a claim to remain in the United States. As the issue of family separation and reunification has reached the Federal courts, I may be limited in my ability to speak to certain issues today, either because they are currently in litigation or because they are more properly directed to another agency that the Department represents in litigation. The Department of Justice stands ready to work with Congress to improve existing laws to avoid a reoccurrence of the present situation and to respond to the challenges that our immigration system faces. Thank you for this opportunity to speak before you today. I look forward to your questions. [The statement of Mr. Edlow follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Ms. Lofgren. Finally, but not least, Ms. Shaw, we will be pleased to hear from you. TESTIMONY OF DIANA R. SHAW Ms. Shaw. Thank you, Chair Lofgren, Ranking Member Collins, and members of the committee. Thank you for inviting me to discuss DHS OIG's recent work on conditions at Customs and Border Protection facilities at the Southern border. My testimony today will focus on our two recent management alerts regarding dangerous overcrowding and prolonged detention observed by DHS OIG inspectors at the El Paso del Norte processing center in May of this year and at facilities in the Rio Grande Valley in June. We issued these alerts because the conditions we observed posed serious and imminent threat to the health and safety of DHS personnel and detainees. DHS OIG conducts unannounced inspections of CBP facilities to evaluate compliance with CBP's transportation, escort, detention, and search standards, otherwise known as TEDS standards. TEDS standards govern CBP's interactions with detainees, providing guidance on things like duration of detention, access to medical care, access to food and water, and hygiene. Our unannounced inspections enable us to identify instances of noncompliance with TEDS standards and to propose appropriate corrective action to the Department. Although CBP has struggled at times to achieve full compliance with detention standards, our recent unannounced inspections reveal the situation far more grievous than any our inspectors previously have encountered. For instance, when our team arrived at the El Paso del Norte processing center, they found the facility, which has a maximum capacity of 125 detainees, had more than 750 detainees onsite. The following day, that number had increased to 900. At all Border Patrol facilities we visited in the Rio Grande Valley, we also observed serious overcrowding among unaccompanied alien children, or UACs. Additionally, we found that individuals, including children, were being detained well beyond the 72 hours generally allowed under the TEDS standards and the Flores Agreement. For instance, at the centralized processing center in McAllen, Texas, many children had been in custody longer than a week. Some UACs under the age of 7 had been in custody for more than 2 weeks. Under these circumstances, CBP has struggled to comply with TEDS standards. For instance, although all facilities we visited in the Rio Grande Valley had infant formula, diapers, baby wipes, and juice and snacks for children, two facilities had not provided children access to hot meals, as is required, until the week we arrived. Additionally, children at three of the five facilities we visited had no access to showers, limited access to a change of clothes, and no access to laundry facilities. Space limitations also affect single adults. The lack of space has restricted CBP's ability to separate detainees with infectious diseases, including chicken pox, scabies, and influenza, from each other and from the general population. According to CBP management, these conditions also affect the health of Border Patrol agents, who are experiencing high incidence of illness. Further, there is a concern that the overcrowding and prolonged detention may be contributing to rising tensions among detainees. A senior manager at one facility in the Rio Grande Valley called the situation ``a ticking time bomb.'' Despite these immense challenges, we observed CBP staff interacting with detainees in a professional and respectful manner and in general attempting to comply with the standards to the extent possible. Notwithstanding these efforts, Border Patrol requires immediate assistance to manage the overcrowding in its facilities. CBP is not responsible for providing long-term detention, and CBP facilities like those we visited are not designed to hold individuals for lengthy periods. However, with limited bed space available at ICE and HHS long-term detention facilities nationwide, detainees are left in CBP custody until a placement can be found. In its response to our recent management alerts, DHS described the situation at the Southern border as ``an acute and worsening crisis.'' Our observations comport with that characterization, which is why we have called on the Department to take immediate action to begin to remedy the situation. DHS OIG will continue to monitor and report on the situation at the border. In the meantime, however, the Department's leadership must develop a strategic coordinated approach that will allow it to make good on its commitment to ensure the safety, security, and care of those in its custody. I thank you. This concludes my testimony, and I look forward to your questions. [The statement of Ms. Shaw follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Chairman Nadler [presiding]. Thank you, and before I begin the questioning, I want to thank Ms. Lofgren for assuming the chair in my absence. We will now proceed under the 5-minute rule with questions. I will begin by recognizing myself for 5 minutes. I want to start with the zero tolerance policy and its implementation. Chief Hastings, as part of our investigation and document request into zero tolerance, the Department of Homeland Security has given the Committee documents which detail allegations of how family--Border Patrol did family separations. Among these documents, the Department produced a chart of 850 complaints made to the DHS Office of Civil Rights and Civil Liberties reporting family separation between October 2017 and June 2018. These documents are startling. The records we received detail separations of 12 children age 1 year old or younger and 124 children under the age of 5. Even more surprising, of the 12 children under the age of 1, nine of those separations occurred before the Trump administration enacted its zero tolerance policy. In many cases, family separations happened without warning and without giving the children a chance to say goodbye to their families. Many were not told where their families were being taken. For example, in May of 2018, a 14-year-old boy being held at the Rio Grande Valley Processing Center was ``separated from his father after a meal break while in custody and was told that his father would be deported.'' An 11-year-old was ``called aside by an officer and then he did not see his father again.'' Another child at only 7 years of age describes being separated from her father ``in the place where it was cold'' and that she did not understand why she could not see or talk to her father. Chief Hastings, are these tactics how Border Patrol agents were told to implement the zero tolerance policy? Mr. Hastings. Chairman, we sent over some documentation that you had asked the Secretary for prior, as far as the interim guidance that we follow currently for separations, and those are similar to what we followed before the zero tolerance policy. Chairman Nadler. I asked a question. Are these tactics that I just outlined, actual cases, how Border Patrol agents were told to implement the zero tolerance policy? Yes or no. Mr. Hastings. I do not know what tactics you are referring to. Chairman Nadler. I just read them. Were you listening? Mr. Hastings. I was listening, sir. Chairman Nadler. So then answer the question. Mr. Hastings. Sir, I have given you what we follow as far as guidance for separation; 88 percent---- Chairman Nadler. Well, I will take it that---- Mr. Hastings [continuing]. Are criminal. Chairman Nadler. I will take it that when we find the names of the people who did this, they will be disciplined for not following policy. Mr. Hastings. They were following policy to the best of my knowledge. I am not hearing---- Chairman Nadler. If they did what I said, they were not following the policy that you just outlined. Mr. Hastings. I do not know the individual specifics in each of---- Chairman Nadler. Were Border Patrol agents instructed by your agency to trick children so they could rip--so they could take their mother or father away from them while they did not know that that was happening? Mr. Hastings. No. Chairman Nadler. Did Border Patrol receive any training in how to do this? Mr. Hastings. Yes, we have training about how family separation, and we put out the guidance as you have seen. Chairman Nadler. If these reports are not an accurate description of how separations happened, can you please share how they did occur? Mr. Hastings. Again, I am not specific to the--I do not know the specific issues that you are talking to about the eight---- Chairman Nadler. Well, how were they supposed to occur? Mr. Hastings. Pardon me? Chairman Nadler. How were they supposed to occur? How were children supposed to be separated from their families? Mr. Hastings. So the mother and father are informed prior to the separation. Chairman Nadler. You did not answer the question. How is it supposed to happen? The mother and father are informed, and the kid--I mean, how is it supposed to happen? The mother and father is informed that at some point today your kid is going to be taken away, in the middle of the night someone comes and snatches the kid? I take it that is not what is supposed to happen. What is supposed to happen? Mr. Hastings. So we would inform the mother or father of the charges and the reason and provide them the time to say goodbye to the child. Chairman Nadler. The charges and the reason and the time in advance? Mr. Hastings. Yes. Chairman Nadler. How far in advance? Mr. Hastings. It is going to vary depending upon the situation. Chairman Nadler. Vary from what? Hours? Minutes? Seconds? Mr. Hastings. I do not what specific one you are talking to, but---- Chairman Nadler. What is the minimum time? Mr. Hastings. I do not have a minimum time. Chairman Nadler. So it could be 10 minutes? Mr. Hastings. It could be. Chairman Nadler. If you were choosing to deport parents without their children, how can the Trump administration claim there was a plan to reunify? Mr. Hastings. I am sorry, sir. I did not hear you. Chairman Nadler. If you were choosing to deport a parent without the children, how can the Trump administration claim there was a plan to reunify the family? Mr. Hastings. Because when we started this, we would place the A number and all of the information of the adult or the child on all of the paperwork so there could be reunification after the adult went through the appropriate legal action---- Chairman Nadler. After the adult was deported, was the child supposed to be report--I am sorry. After it was determined that the adult was being deported, was the child supposed to be returned to the parent before the deportation or the parent is suddenly in some foreign country and the child is here? Mr. Hastings. That is probably a better question for HHS. Chairman Nadler. Who did the deportation? Mr. Hastings. We would do the deportation. Chairman Nadler. You would do the deportation while the child was in a different city in the United States? Mr. Hastings. We do not do the reunification, is my point, sir. Chairman Nadler. But you would do the deportation before the reunification without any knowledge of whether the parents were being reunified? Mr. Hastings. Yes. Chairman Nadler. So, in other words, you are kidnapping the child? Mr. Hastings. We are not kidnapping the child. We follow the guidelines that are out. Chairman Nadler. Deporting a parent without their child is literal kidnapping. The documents produced to the Committee also reveal that vulnerable children, such as those of a tender age or those with disabilities, were not given special accommodations or consideration in these facilities. For example, CBP separated a deaf-mute child from his father. The DHS database was not updated to reflect the child's special needs and did not record that the child had been separated from his father. Another report described a 10-year-old with developmental delays who was separated from his mother. No special effort was made to help him communicate with his parents. Chief Hastings, from these reports it appears that Border Patrol placed little to no consideration into the physical and psychological needs of children when separating them from their family. In what ways--this is my last question because my time is over--did CBP consider the risks of these vulnerable children--of taking these vulnerable children from their parents and keeping them in CBP facilities? What special arrangements were made for children with these kinds of--who were deaf or mute or whatever? Mr. Hastings. So I am not familiar with the two cases, but normally when we have incidents like that, we would alert HHS to the special needs. Chairman Nadler. You would alert HHS to the special needs before you gave the child to---- Mr. Hastings. Sir, we are a short-term hold facility. We are trying to get the children into the proper care as quickly as possible. Chairman Nadler. Let me just read one thing. Contrary to what you said, we have case reports here. Just one line: ``On May 16, 2018, after a meal break while in custody, she was told by officers that her father would be deported, and she did not see him again.'' That is the way these things were done. It is inhuman and un-American. I yield back. The gentleman from Georgia. Mr. Collins. Thank you, Mr. Chairman. And I would help the witnesses to understand you are going to be here a little bit longer today because it is now my understanding that each member is going to have 7 minutes to question. Chairman Nadler. That is an incorrect understanding. Mr. Collins. Well, is the Chairman just going to continue to violate the 5-minute rule? Parliamentary inquiry. Chairman Nadler. The gentleman will proceed. Mr. Collins. Well, I am glad you are back because, as you related to me in answering my questions, you really did not answer my questions from my opening statement. Holding hearings until a problem is solved is about like saying I am going to scream at that wall until it changes color. It is not going to happen. So you can come back here, and you can, you know, be very direct with our CBP agent who is here and give out-of-context situations in which people were detained without going through the actual determination of how they are actually determined right now. If separation occurs under these conditions, which were actually under the Obama administration and the Trump administration, if a determination is made that the parent or legal guardian poses a danger to a child, is otherwise unfit to care for a child, has a criminal history, has a communicable disease, or is transferred to a criminal detention setting for prosecution for improper entry, or the CBP is unable to confirm that the adult is actually the parent or legal guardian or the child's safety is at risk, if you are advocating to keep that child in those conditions, then maybe we have a whole different issue. And then to go back to we have not done anything, I will stand by exactly, and you can explain to this--Mr. Chairman, you can explain to the members here and the audience why the Ruiz bill is simply--again, we have talked about it--is not solving the underlying problem. Treating them well and having good conditions is something we would all agree upon, but the bill was so out of context and applied to everywhere in the Custom and Border Patrol, not just the southern border, which is where we are having this issue, which made it impractical in many ways. This is the issue we are dealing with. So you can come back and try to correct me, but all you did this morning and even your line of questioning confirmed what we know, that this is simply another way, as we mentioned every time the Trump administration--we mention it every time. We do not talk about what actually is happening or why they are being separated. And if you want to keep kids with unfit parents, you want to keep kids who have actually been bought and paid for and brought across the border, then if that is what you are advocating, then maybe we need to talk about something different. But here is the issue, and I know--it seems to me you are frustrated. This has been a long week. But this is not helping. And to say you are going to hold hearings until the problem is solved, that probably caps this week. That just probably, you know, just comes to the point of capping this week. We are going to hold hearings. We are going to talk about it. It reminds me of when my kids were little and they were going to hold their breath until I gave them their way. We are just going to sit here and hold and hope and hope and hope. Look, put bills in this Committee that actually affect the underlying aspect, which the Obama administration talked about the Flores decision, we have talked about the Trafficking Victims Protection Act, we have talked about asylum standards. What we want to do, though, is talk about what is going on at the border, which we have already done many times. And I am not saying this oversight should not be done. We are, and we are holding accountable our Border Patrol, our ICE agents. We are holding that because we have had multiple hearings about it. But at a certain point in time, hearings do not solve problems. Bills do. So, Mr. Chairman, I am glad that you came back and answered me, but you did not answer. In fact--well, let me rephrase that. You did. You showed that we are not interested in solving the problem, because if you believe truly that hearings will solve problems, then I have maybe a basic misunderstanding of how a bill becomes a law. Because what would happen is you have several of these hearings, which we have had--you have had a lot of people here who are interested, and I am sympathetic with the audience being here to be interested in this. But what are we giving them? Nothing, except a hearing. Tweetable moments. Press releases. This is what we are doing. This Committee is better than this. There are great members on both sides who have legitimate arguments for bills. I have listened passionately to my members on the other side, sitting in front of me and on down the dais, who have ideas about this. But we are not bringing the bills to a markup. Now, it could take 3 or 4 or 5 days or even 2 weeks to have these markups, but so what? Are these kids and these families not important enough on the border? Or is just better to have another hearing that does not solve anything? Now, you can justify it any way you want to. You can say you passed a bill last week that actually, you know, does--you know, has standards. That is great. Again, any logical look at it would say it is overbroad and could have been supported bipartisanly until we add in things that were unworkable. By the way, we did not talk to the Border Patrol before we actually did the bill to see how we could actually put this in implementation. I guess that is a small oversight. But, again, I am not sure why both sides are even continuing to show up at these hearings, except to be used as props. The five of you are here, you have gone--you are really technically going to testify to nothing. Some of you are back again, as we said, Mr. White and others back again. Some of you are back again replacing somebody who was here earlier. You are not going to--you know, Mr. Hayes, you are just testifying, somebody who was here earlier. You are not going to say a lot that we do not know. We all know there is a crisis. We at least all now at least come to the conclusion there is a crisis. But it is--as I said before, using the words of the Ranking Member of the Subcommittee, it is dehumanizing to sit here and do this and not solve a problem. And as was said about the administration, a competent and capable administration would have solved this. A competent and capable committee would have put bills forward instead of doing this. So, again, spin it however you want to. This is what you want to do, go for it, but do not tell these people in this audience the disingenuousness that you are fixing something. Do not try it. They may buy it for a few minutes. Some of them have been buying it for 7 months. But they are not going to buy it forever. Pretty soon they are going to ask: When can you have honest debate? You have got more numbers than I have got. You can put bills up here, and you can pass them because you are the majority. But we are not even doing that. So, Mr. Chairman, I appreciate you answering the question or attempting to, but instead you made my point. Crank the press release, get the Twitter going, talk about it before, but this is where we are at. This is the problem. For those of you who are here hoping for an answer, you are not getting it. If you were hoping for a show, you are getting it. But if you want an answer, I am sorry. Both Republicans and Democrats right now are not able to give you that answer, whether you like the answer or not. Maybe it is time we start going back to doing legislation that actually addresses the problem that the Obama administration and the Trump administration have both pointed out. With that, I yield back. Chairman Nadler. The gentleman yields back. The gentlelady from California, the Chairperson of the Immigration Subcommittee, is recognized. Ms. Lofgren. Thank you, Mr. Chairman. I do think it is important to take a look at what is going on in the facilities run by the Department of Homeland Security and to determine whether they meet the standards that Americans expect of them. The Ranking Member's rather extravagant comments that somehow this does not matter, that it is abusive to us, I think are unwarranted. We did receive, as the Chairman has indicated, documentation from the Department itself outlining complaints that were made by the Office of Civil Rights in DHS to--about what was going on in these facilities. For example, one of the allegations is an 8-year-old boy who was separated from his mother, and then his report was that CBP officers kicked him and hit him with a shoe when he was sleeping in order to wake him up, that he was physically hurt by this. I assume, Chief Hastings, that that is not considered acceptable behavior on the part of your officers, kicking and hitting children? Mr. Hastings. No, ma'am. Kicking and hitting children are not. But what I would imagine that was was a check to make sure the individual was okay. We do do those checks and go through periodically and make sure that the individuals in our custody are okay. Ms. Lofgren. So you would kick a child to see if he is okay? Mr. Hastings. No. May tap his shoe or may shake the child lightly to see if they are awake and check to see how they are doing, frankly. Ms. Lofgren. There are, as I say, hundreds of reports from the Department itself of misconduct--there is no other way to describe it--in the treatment of children by Border Patrol agents. I do not mean to say that every Border Patrol agent is engaging in misconduct. Obviously not. I have met many Border Patrol agents who are going the extra mile to try and help people out, and I honor them for their efforts. But when there are reports or allegations of misconduct, what steps do the Border Patrol take to investigate these allegations? And how frequently are investigations opened to these reports? Mr. Hastings. So all allegations are taken seriously. We have posters and signs in many of our stations--all stations that provide numbers that the detainees can call and provide these complaints that they may have. Ms. Lofgren. Well, that is not really the question. The question is: What is your Department doing once those complaints are made to track them down and hold officers accountable if they are true? Mr. Hastings. So either OIG, the Office of the Inspector General, or our internal CBP OPR, Office of Professional Responsibility, will do the investigation upon each of those and provide the investigation to us or to members to follow through with---- Ms. Lofgren. All right. The OIG is actually taking a new look at that for us, so we will look forward to her report on that. Commander White, I want to turn to you to discuss the intent behind the zero tolerance policy. The last time you testified here--and we do appreciate that--you noted that there were multiple meetings in the first half of 2017 with officers from DHS where the possible family separations were discussed. According to the documents provided to the Committee, in July 2017 you sent out a memo dated on the 4th of July which discussed how ORR would need an additional resources if the ``DHS deterrence model'' was employed. The deterrence model included DHS instituting family separations and a memorandum of agreement between ICE and HHS where fingerprints of all people in the household would be shared with ICE. And, without objection, Mr. Chairman, I would ask that this memo be made part of the record. Chairman Nadler. Without objection. [The information follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Ms. Lofgren. Can you describe why it was called a ``DHS deterrence model''? Mr. White. Yes, ma'am. We used a number of different models of possible future scenarios to anticipate how many beds we would need. Ms. Lofgren. Okay. Mr. White. We constructed a deterrence model in part as part of my effort to convince HHS leadership that separating children would not be possible for us to support operationally, that we would never have the funding or the beds to do it, because I believe that was an important part of the argument against separation. Ms. Lofgren. Right. Can you tell us who those ideas were-- who in the Department discussed those ideas with you? Mr. White. I discussed these issues primarily with the leadership to whom I reported. That was then-Director of ORR Scott Lloyd, then-Acting Assistant Secretary for the Administration of Children and Families Steven Wagner, and then-Counselor to the Secretary for Human Services Maggie Wynn. Ms. Lofgren. Thank you very much. I would just note, you know, Mr. Collins was dismissive of these efforts, but we did get a report from the OIG, the Inspector General, in September of 2018 that noted that so-called pre-verbal children, children who could not speak, were separated from their parents without a picture taken of them, without a fingerprint taken of them, without any kind of identification or bracelet put on them, simply removed. So to say that this is an unnecessary exercise, that everything is dandy, that we just need to pass a bill, I do not think you need to pass a bill to say do not destroy families at the border with callous disregard. And I yield back, Mr. Chairman. Chairman Nadler. The gentlelady yields back. The gentleman from Texas. Mr. Gohmert. Thank you. Chief Hastings, I appreciate your Department's efforts in the face of such massive vilification. I know a great many border patrolmen, and those men and women are not appreciated. The huge, huge majority are doing a thankless job. Director Hayes, I want to say thank you and your Department for the efforts in bringing down the outrageous 92-day or 90- plus-day average of detention during the Obama--during the previous years down to 42 days. I appreciate the attempted--or the response, the class response that each of you have had during vilification of yours and your employees' efforts to be humane and yet enforce and follow the law, even being castigated for having cages and things like that that were constructed by the Obama administration. It is deeply saddening that there was none of this vilification for inappropriate and outrageous conduct that occurred during the Obama administration. It seems to be all new-found now that there is a different administration that happens to be part of the Republican Party. I just cannot help but reflect historically, having served in the United States Army at a time that was very unpleasant to be in the military, when we were often ordered not to wear our uniforms off post because of violence against military members. I did not know if we would see a day when people would be proud of servicemembers and proud of first responders again. But one of the results of the horrible evil that occurred on 9/11 was how Americans came together afterwards and people began to appreciate first responders and our military. It was incredible, the transformation. But during the last administration, we saw law enforcement being vilified over and over and over again, and the President himself was immediate to jump on a side before he knew the facts, and he was usually wrong on which side he attempted to defend. And as a result, we are now--we have been seeing attacks on law enforcement, attacks on people who are trying simply to do their job, protect the country, protect people, ``serve and protect'' as a motto. And it has become outrageous again, what is happening. Chief Hastings, let me ask you, in the emergency bill that has been touted that the majority passed, how much of that money came to your Department to help you provide additional and better services? Mr. Hastings. Thank you, sir. So $1.1 billion came to our Department. The majority of that is for soft-sided facilities and for facilities due to the influx that we are seeing. Mr. Gohmert. Did that allow you to hire any more people to handle the dramatic increase we have had crossing our border? Mr. Hastings. No, sir. Mr. Gohmert. So you are still that limited in your personnel in carrying out your job? Mr. Hastings. We are seeking assistance in 2020 to begin with a prosecution assistant, basically, that would help us provide some of the support for the detainees that we are seeing who we currently right now have DHS volunteers and other volunteers from other agencies assisting with now during the surge. What I am talking about is feeding, caring, transportation, hospital watch, those types of duties. Mr. Gohmert. Well, I know the Immigration Chair referenced that we need to allow the Border Patrol to get back to their primary duty of protecting the border. I have spent so many nights on the border. I do not see your Border Patrol agents protecting the border. They are required not to protect it but just in-process everybody that comes through. I would think protecting would mean you protect the border from people coming in illegally. There is none of that, is there? Mr. Hastings. Our agents are frustrated right now. We have, you have heard before, 40 to 60 percent of our agents in RGV, El Paso, and even in Yuma who are doing the humanitarian mission and the care and feeding primarily. And we know that the border security mission is being affected. We know that. Mr. Gohmert. Thank you. Chairman Nadler. The time of the gentleman has expired. The gentleman---- Mr. Gohmert. And just to note the Chair has been gravely unfair. You said yesterday no one is above the law, but to be clear, the Chairman is above the rules. Chairman Nadler. Mr. Gohmert, I took 6 minutes and 38 seconds. Mr. Collins took 6 minutes and 40 seconds. You just took 5 minutes and 45 seconds. We are trying to get back, at the request of the minority, towards 5 minutes, which is why I did not stop you at 5 minutes. And it is all at the discretion of the Chair, in any event. The gentleman from Tennessee is recognized. Mr. Cohen. Thank you, Mr. Chair. Mr. Hayes, Director Hayes, you are the permanent Director now, are you not? Mr. Hayes. Yes, sir, Congressman, I am. Mr. Cohen. When did you become the permanent Director? Mr. Hayes. March 3rd. Mr. Cohen. And you became the temporary Director after the previous Director was--he resigned? Mr. Hayes. He transferred to a different department or division within the Department of Health and Human Services. That was late November of last year, sir. Mr. Cohen. And when did you come to the Department? Mr. Hayes. I came to the Department in mid-June of 2018. Mr. Cohen. And before that, what was the largest number of people you had ever administered as an administrator? Mr. Hayes. As supervision, it would be here on the Hill, sir, congressional staff. Mr. Cohen. What was that job that you had before you went over there? Mr. Hayes. I was the chief of staff. Mr. Cohen. Chief of staff for a Congressperson. Was that Mrs. Lesko? Mr. Hayes. No, sir. Mr. Cohen. Who was it? Who were you the chief of staff for? Mr. Hayes. Prior, I was chief of staff to Congressman Trent Franks and Congressman Steve Southerland. Mr. Cohen. Steve Southerland, remind me who he is. Mr. Hayes. He is from the Florida Panhandle, sir. Mr. Cohen. Florida Panhandle. Okay. Isn't that the--okay. Thank you, sir. Mr. Hayes. You are welcome, sir. Mr. Cohen. This Department needs somebody who has experience in running major agencies, who has experience and not political background. And I am afraid that is part of the problem we have. But Congresswoman Escobar knows so much more about this subject. She is on the front lines. I want to yield my time to her, and I appreciate--I yield. Ms. Escobar. Thank you so much, Congressman. Just for the record, El Paso, Texas, in 2017 was the testing ground for family separation, and so, unfortunately, I think that there are far more children who had been ripped from the arms of their parents than Americans even begin to realize. I think the numbers are much higher. I think we as a country have damaged an entire generation of Central American children, and this abhorrent policy, unfortunately, continues to this day. Chief Hastings, you mentioned that family separation is a rare occurrence. You were referring to separation between a biological parent and a biological child. Is that correct? Mr. Hastings. That is correct, ma'am. Ms. Escobar. So to many of us, a family actually is a much broader definition than a biological parent and a biological child. To many of us, family is a grandparent, a grandchild, an aunt or uncle, and a niece or nephew, siblings, et cetera. Chief--and, actually, before I begin my questioning, I feel like I have to say I do not believe that Border Patrol agents are bad. Chief, you and I were in a meeting where I expressed my gratitude to the many really great agents who are working hard and are overwhelmed. But there is no doubt that there are some really bad agents as well, and it is important that we root out those who dehumanize migrants so that those who do not feel that way do not feel despondent. But isn't it true, Chief, that we are still separating families today, children who are taken from--the grandmother who is separated from a grandchild, for example, isn't that still occurring? Mr. Hastings. So we are following the definition by TVPRA, and the definition is a parent or legal guardian. Ms. Escobar. So a grandmother who enters with a grandchild, they are being separated. Is that correct? Mr. Hastings. That is correct. Ms. Escobar. And that child then becomes an unaccompanied minor. Is that correct? Mr. Hastings. Yes, ma'am. Ms. Escobar. Okay. Also, you said in your testimony that, ``Our laws also prohibit the removal of individuals to countries where they face the likelihood of torture.'' But we know that people are being forced into Mexico even when they have a credible fear of being there, and they have expressed it to Border Patrol, but Border Patrol is forcing them anyway at that point in what is a violation of both Section 241(b)(3) of the Immigration and Nationality Act as well as the principle of non-refoulement under international law. In my district in El Paso, we know that over 11,000 people, many of them families, are waiting in Mexico for their asylum hearings. We know of a specific case, for example, where two young families were returned to Ciudad Juarez and, while running errands, their fathers were kidnapped, beaten, and then released. These families had to fight hard not to be returned. Chief Hastings, why is Border Patrol violating U.S. and international law by forcing people to wait in Mexico when they have expressed a credible fear of residing there or they have, in fact, experienced kidnapping, rape, or other violence? Mr. Hastings. So, ma'am, are you referring MPP or are you-- -- Ms. Escobar. Yes. Mr. Hastings. Okay. So with MPP---- Chairman Nadler. The time of the gentlelady has expired. Yeah, the witness can answer the question. I am sorry. Mr. Hastings. With MPP, if the subjects do claim fear, we take them to CIS. CIS will determine if there is fear. If there is fear determined, then they will go through the asylum case. If they do not claim fear, they will be returned to Mexico under the Mexican Protection Program, MPP. Ms. Escobar. And just for the record, we have innumerable examples in El Paso, Texas, where they have claimed fear, and they have been returned anyway. Chairman Nadler. The time of the gentlelady has expired. The gentleman from Colorado. Mr. Buck. Thank you, Mr. Chairman. Chief Hastings, do you receive combat pay when you come to the Hill? Mr. Hastings. No, sir. Mr. Buck. Well, you should. How long have you been with Border Patrol? Mr. Hastings. A little over 24 years, sir. Mr. Buck. Are you what is considered a career official? Mr. Hastings. I am a career law enforcement official, yes, sir. Mr. Buck. Well, thank you for your service, first of all. And, second of all, you have served under approximately how many different administrations? Mr. Hastings. Three or four, sir. Mr. Buck. And have you seen any of those administrations target children for hostile activity? Mr. Hastings. No, sir. Mr. Buck. Have you ever heard of an administration ordering the Border Patrol to kidnap a child? Mr. Hastings. No, sir. Mr. Buck. Did you hear the Chairman's opening statement? Mr. Hastings. I did, yes, sir. Mr. Buck. Did you hear the story about a 3-year-old being forced to choose between two parents? Mr. Hastings. I did. Mr. Buck. Have you heard--let me ask it this way: Are you aware of that incident? Mr. Hastings. I am. So if I understand that incident, I think we actually looked into that at the request of--I am not sure if it was a committee or the Chairman. But in this specific incident, the child was not asked to choose if he was going to return with the father and mother. That was while they were in custody, he was--we did not have a dual head of household holding cell, so he was asked would he rather stay with his father or mother while he was in Border Patrol custody. He was ultimately reunited with his entire family and sent back to Mexico under the MPP program. So there was no child separation. Mr. Buck. Okay. So one parent was not deported, as the Chairman indicated, one parent was not deported and another parent kept in the country and the child had to choose between whether to leave with the deported parent or stay in the country. Mr. Hastings. That was which cell he went to while he was in our custody. He returned to Mexico with both parents. Mr. Buck. Okay. Thank you for clarifying that because I think it is important. If we are not going to deal with facts, if we are going to start tearing at heart strings, let us make sure that the underlying facts or at least the stories are accurate before we start talking about those particular incidents. Chief, are you aware that the human smuggling business in Mexico, Guatemala, the Northern Triangle is a multi-billion- dollar business? Mr. Hastings. Yes, and it is thriving right now. Mr. Buck. And what does it mean to be a multi-billion- dollar business? In other words, who is making that money? Are they legal agencies making that money, or are these cartels and illegal organizations? Mr. Hastings. So it is illegal organizations, transnational criminal organizations that are profiting on the backs of the people who are coming today. Mr. Buck. And when you say ``on the backs of,'' have you heard of--have you read intelligence reports where there are instances of children being purchased so that individuals can enter this country illegally? Mr. Hastings. Yes. Children are treated and all aliens are treated as a commodity, frankly, with no care to their personal safety. And we see time and time again. I have testified before. We see kids put on pool toys by smugglers and cross across the Rio Grande Valley--the Rio Grande River, and then when our agents try to make an interdiction or assist, we see smugglers kick the kid off of these toys so they can make a safe getaway back to the south or to the Mexico border, essentially little care to no care for those that they are smuggling. Mr. Buck. Okay. And is this a result of a policy that--a recent policy from the Trump administration? And when I say ``is this,'' is the crisis at our border, is the treatment of young people a result of a policy from the Trump administration? Or is it just a fact that the surge in immigration has left the facilities overwhelmed? Mr. Hastings. The facilities are overwhelmed by far. We have--our facilities were not built for this type of demographic that we are seeing today. They were built for the demographic of primarily returning quickly to Mexico. They were not built for what we are seeing today. They are short-term facilities. They are not meant to hold long term. Mr. Buck. And I have to tell you something. I have heard the testimony from the Inspector General's office. I agree that there are serious problems, and we have got to address those serious problems, by increasing the facilities, increasing personnel, and also changing our laws so we do not incentivize this kind of surge. But to blame Border Patrol or this administration for what is happening is shameful. And I thank you and I yield back. Chairman Nadler. The gentleman yields back. The gentleman from Georgia. Mr. Johnson of Georgia. Thank you, Mr. Chairman. Chief Hastings, it is your testimony that human smuggling on the border is a billion-dollar-per-year business? Mr. Hastings. Yes, it is. Mr. Johnson of Georgia. Where did you get that information from? Mr. Hastings. Because we hear intelligence reports and speak with those who come across the border---- Mr. Johnson of Georgia. That is what somebody has--that is what you have heard. Okay. I got you. But, listen, do you have a Facebook account? Mr. Hastings. I do not. Mr. Johnson of Georgia. And do you have a Twitter account? Mr. Hastings. I do not. Mr. Johnson of Georgia. So it was recently revealed that there is a secret Facebook group made up of 9,500 current and former Border Patrol members. Are you aware of that secret group? Mr. Hastings. I have read the ProPublica report. Yes, sir, I am aware. Mr. Johnson of Georgia. And many of this group's Facebook posts have been racist, misogynistic, xenophobic, and dehumanizing. They have targeted Members of Congress, members of this Committee, and also dead migrant children. In particular, the posts that callously made light of the death of a Guatemalan teenager at a border station in Texas, those posts are truly despicable. Are you aware of those posts? Mr. Hastings. I am, sir, and those are inappropriate and they are being investigated, and if found to be true, the appropriate disciplinary action will be taken. We have already provided cease-and-desist letters to all of those individuals that were on the posts. Some have been relieved of their law enforcement duties as well. Mr. Johnson of Georgia. How many of those individuals were on that post? Mr. Hastings. I know of approximately 50 cease-and-desist letters that have gone out, and I am not sure, a handful more or less of administrative actions or administrative duties where agents are basically not doing law enforcement duties while they await the outcome of the disciplinary. Mr. Johnson of Georgia. I see. I am particularly troubled by reports that CBP leadership knew about this secret Facebook group for years. Are you aware of that? Mr. Hastings. I have seen the reports, but I did hear Chief Provost testify yesterday, and I know that the Chief I think mentioned she had been on Facebook nine times in a year, and that was primarily, frankly, to search herself to try and find out what the agents thought about how she was doing as a Chief. Mr. Johnson of Georgia. And you are familiar with the fact that she has actually posted on that secret Facebook group? Mr. Hastings. I have seen the article. I believe she posted one time in reference to a Jeopardy question that asked how quickly she had been a supervisor within Border Patrol or something to that effect. Mr. Johnson of Georgia. And that is what you have heard, but you have not talked with her. Mr. Hastings. I know she--yes, I have talked with her. She is in my chain of command, and I talk to her daily. But that is all I am aware she has ever posted. Mr. Johnson of Georgia. I see. Did she tell you that herself or that is something that somebody else told you? Mr. Hastings. That is what I heard her say during her testimony yesterday, and that is what I have heard her say to me before. Mr. Johnson of Georgia. Do these racist and xenophobic posts in that Facebook group concern you as a member of Border Patrol leadership? Mr. Hastings. They do. It is inappropriate, and we are taking the appropriate actions. Mr. Johnson of Georgia. Now, let me ask you--and thank you, sir--Inspector General--or, excuse me, Ms. Shaw. You testified before the Immigration and Citizenship Subcommittee earlier this month that the Inspector General's office is looking into this secret Facebook group. Correct? Ms. Shaw. That is correct. We are not looking at individual posts by individual members, but we are conducting a review to determine who within CBP and DHS leadership was aware of the group and the postings, when, and what, if any, action they took. Mr. Johnson of Georgia. And will you be looking to identify the current Border Patrol members involved in this group, and including additional members of Customs and Border Patrol leadership? Ms. Shaw. That is not currently within the scope. To the extent that we are looking at who within leadership was aware of it, it could come into scope, but primarily membership within the group and individual postings I believe is being handled by CBP's Office of Professional Responsibility. Mr. Johnson of Georgia. And if you identify specific Border Patrol members where disciplinary action may be taken, will you refer that to the CBP's Office of Responsibility? Ms. Shaw. We would, yes. Mr. Johnson of Georgia. And what is the timeline for this investigation? Ms. Shaw. We are in very early stages. It is time- sensitive. We would hope to be able to complete field work in 2 to 3 months and have reporting ideally before the end of the calendar year. But we have to follow the leads where they take us. Chairman Nadler. The time of the gentleman has expired. Mr. Johnson of Georgia. Thank you. Chairman Nadler. The gentleman from Louisiana. Mr. Johnson of Louisiana. Thank you, Mr. Chairman. Thank you all for being here. I want to echo the sentiment that has been expressed by Ranking Member Collins, by Mr. Buck, and so many others. We just have extraordinary respect for the work that you all do in these agencies, and it is heroic and under extreme duress these days. And we are grateful that you come continually to answer these questions, even though, as has been expressed, we do not seem to be getting to many solutions. We want to do that. In light of that, let me ask you a couple of questions about the credible fear issue, and I will ask Mr. Edlow these questions. But let me just say for those who are taking notes that the current threshold to establish credible fear is that the asylum applicant must be able to show ``significant possibility''--that is the quote--of persecution if they return to their home country. One U.S. Supreme Court decision found that this threshold is satisfied if there is only a 10-percent chance of persecution. In fiscal year 2018, there were 99,035 total asylum applications, and DHS agents determined that under the current standard 74,677 met the criteria. Of that number, only 16 percent of credible fear cases were actually approved later by immigration judges. It is abundantly clear the current credible fear threshold is contributing to the severe backlog of asylum cases in our immigration courts and, unfortunately, contributing to the delay of families who are legitimately fleeing persecution. So here is a question for Mr. Edlow. Do you believe that the unprecedented surge in family units crossing the southern border has exposed faults in the credible fear standard under our existing asylum laws? Mr. Edlow. Thank you, Congressman. The position of the Department and, frankly, the administration is that the credible fear standard, along with other loopholes, has provided some impetus for the increase in crossings. Mr. Johnson of Louisiana. I think that bears of common sense. And let me ask you, do you believe it is possible that the current lax credible fear standard can act as a catalyst for southern border crossings that endangers these family units in the process? Mr. Edlow. Again, the administration has long said that illegal crossings do come with a great deal of danger, so anything that acts as a catalyst to do so would increase danger to families and to children. Mr. Johnson of Louisiana. The last Congress, numerous officials, including then-Attorney General Sessions, Secretary Nielsen, Director of CISNA stated in response to previous questions that statutory changes are necessary to enhance the process of assessing what constitutes credible fear. Do you agree with them that the credible fear standard needs to be raised to ensure the protection for those that are truly fleeing persecution? Mr. Edlow. Congressman, I think any legislative changes the Department would like to see, we would be happy to work with the Congress in perfecting those changes and are willing to provide technical assistance as needed. Mr. Johnson of Louisiana. I am grateful for that. I filed a bill to do that in the last Congress. It made it through this Committee in a bipartisan fashion, and Ranking Member Collins and I have filed it again. Would you speak briefly to the failure to appear rate in immigration court for non-detained family units? Mr. Edlow. Yes. I believe what you are referring to is what has been actually wrongly called a pilot program. From September until--it is continuing. The Executive Office for Immigration Review has studied \1\ specifically the family units within ten cities, the cases that are being filed within ten cities. Of those numbers, there has been about 64,000 cases that have been filed in those courts. --------------------------------------------------------------------------- \1\ Mr. Edlow requested this be changed to ``tracked''. --------------------------------------------------------------------------- Of the completed cases, there has been about 17,000 completed. Over 13,000 have resulted in an in absentia order, which would translate to about 80 percent of the total completed cases were completed with an in absentia order. Mr. Johnson of Louisiana. Thank you. I think we have got to work on that. Real quickly, I have about less than a minute left. Mr. Hayes, isn't true that DHS is separating children where there is a potential danger to the child? I know this has been discussed today, but we just want to reiterate this for the record. Mr. Hayes. So, in regards to any specifics, I defer to my colleagues at DHS. But I do know in the intakes process at the Office of Refugee Resettlement, we are informed of certain separations due to concern for safety of the child, yes, sir. Mr. Johnson of Louisiana. We hear a lot about sex trafficking and the rest, and if a child comes across and is not easily identified to be with a parent, isn't it appropriate for us to take appropriate measures to protect the child, to separate that child from that adult? Doesn't that make sense to everyone? Mr. Hayes. I would defer that law enforcement-minded question to my colleague at DHS. Mr. Johnson of Louisiana. Would you follow up on that? Mr. Hastings. So 88 percent of those that we have separated so far this fiscal year have been for criminal or gang history for the endangerment to the child. The best example I can give is about 2 or 3 months ago we had a child cross with their father, immediately claim that her father had raped her the night before in Mexico, and we separated that group. Mr. Johnson of Louisiana. It would be inhumane to do anything else. I yield back. Thank you. Chairman Nadler. The time of the gentleman has expired. The gentleman from Florida. Mr. Deutch. Thank you. Thanks, Mr. Chairman. Mr. Chairman, during the Committee's February 26th oversight hearing on the administration's family separation policy, I entered several documents into the record that were turned over by HHS detailing a high number of alleged sexual assaults of unaccompanied children in the custody of ORR. And since the February 26th hearing, I have been attempting to work with ORR to identify changes that need to be made to ensure the safety for unaccompanied children being held at facilities across the country. On April 22nd, ORR assisted in arranging a visit to the Homestead facility, my second visit to the facility. The staff was accommodating during my visit. The tour was extremely informative. And following up on the tour, Director Hayes, following up on the tour, I sent you a letter on June 7th with several questions and requests for documents. I just received a response yesterday evening that my letter had been received--I am grateful for that--and that the information was being compiled. Mr. Chairman, I ask unanimous consent to submit my letter dated June 7th to Director Hayes for the record. Chairman Nadler. Without objection. [The information follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Mr. Deutch. Thanks, Mr. Chairman. Director Hayes, during my visit to Homestead, the staff there confirmed that operating a facility like that costs three times as much as operating a permanent facility, and unlike temporary influx facilities, permanent facilities are subject to Federal, State, and local laws meant to protect the welfare of children. So what I would like to ask and I ask in my letter and what I would like you to tell us this morning is whether ORR is in the process of finding less expensive alternatives to facilities like Homestead for unaccompanied minors, and I guess fundamentally the question is: Are you in the process of closing the Homestead facility? Mr. Hayes. Thank you for the question, Congressman. I want to first give you my commitment that we will respond to that letter just as quickly as we can. Mr. Deutch. I appreciate that. Mr. Hayes. You are welcome, sir. I will say that, as I mentioned in my testimony, I want to thank you and the leadership of the House of Representatives for helping get the supplemental. One of the main priorities of myself, Assistant Secretary Lynn Johnson, and Secretary Azar is to absolutely increase the number of permanent State-licensed beds available for receiving of children from Customs and Border Protection at HHS. That is something that we are equally committed to at both the political and the career leadership of ORR. Mr. Deutch. And do you have any information in the possibility of Homestead providing information on when the Homestead temporary facility will be shut down? Mr. Hayes. So as of this morning, sir, our census at Homestead is down to 829. We have not designated any additional children to Homestead since July 3rd, and we are in the process of drawing that down given the higher discharge numbers that we are seeing as well as the lower referrals coming across the border. Mr. Deutch. Great. Let me ask you some questions that I asked in my letter, but perhaps you can answer them. The Homestead facility staff stated that General Dynamics has contracted with the facility to provide sexual abuse training, and I had asked for copies of the contract with General Dynamics and details regarding that curriculum. Is that something that you can provide to us quickly? Mr. Hayes. I do not know if I can provide it quickly, sir, but I will certainly go back to our team and look into it. Mr. Deutch. In 6 weeks, so it is no longer quickly, but if you could help with that, I would appreciate it. Mr. Hayes. I will check into that, sir. Mr. Deutch. Also, the Homestead facility staff informed me that DHS, ORR, and Comprehensive Health Services include the Prison Rape Elimination Act, PRIA, and other standards in their contract provisions. We have been trying to get a copy of the contract between the Government and Comprehensive Health Services. We would also like to see copies of the subcontracts just to see the extent to which those requirements are incorporated. Can we get copies of those contracts? Mr. Hayes. I will go back to the Department, and we will look into that, sir. If I may just add one thing, it is not just GDIT that does some of the oversight. There was also Federal oversight. There was State and local official oversight. It is a very broad, multipronged approach. Mr. Deutch. That is actually--there is State and local when they submit to them, which gets me to my last question. Mr. Hayes. Yes, sir. Mr. Deutch. The Homestead facility staff gave me a briefing about the database that keeps track--a national database that keeps track of every allegation and serious incident that occurs at that facility and throughout the country, every facility housing unaccompanied minors. It tracks when a staff person is fired. It tracks what happens when allegations are made. Can you provide the Committee with information from the database on how many assault cases have resulted in the termination of an employee nationwide, how many were resolved in disciplinary actions, what disciplinary actions were taken against the staff person, and, most importantly, how many cases of sexual abuse are being investigated and are ongoing nationally? Mr. Hayes. We will look at that letter, sir, and respond as quickly and as we are able. I will note for this Committee's information that there are three different types of sexual misconduct. There is inappropriate sexual behavior, sexual harassment, and sexual abuse. And I will note that the number of actual sexual abuse is very small and most often involved children amongst children. But we will work to get that information. Mr. Deutch. As I said, Mr. Chairman, as I said at our last hearing, one case is too much, and please---- Mr. Hayes. I 100 percent agree. Mr. Deutch. And please, please, do not try to make us feel better by suggesting that sexual harassment is somehow less objectionable that we should tolerate sexual harassment. Mr. Hayes. That was not my intention, sir. Mr. Deutch. I appreciate that. Mr. Hayes. We are in agreement. Chairman Nadler. The time of the gentleman has expired. The gentleman from Virginia? The gentleman from Arizona. Mr. Biggs. Thanks, Mr. Chairman. So, Chief, you testified about the human trafficking business right now is in excess of a billion dollars, maybe more than $2 billion. Is that fair? Mr. Hastings. It is fair. Yes, sir. Mr. Biggs. And the gentleman from Georgia might have implied that your testimony about this was based on some intelligence reports, briefings, and he said, quote, ``or something you heard,'' close quote. An intelligence briefing is not just gossip between folks coming across the border illegally and agents. It is an intelligence briefing, I assume. Mr. Hastings. That is correct, sir. Mr. Biggs. Please describe what goes into an intelligence briefing. Mr. Hastings. So we have a multitude of intelligence agents working in the field who work closely with sources of information, work closely with those that come through our process, in order to determine the amounts that individuals from different countries are being charged, how much they are being charged to be smuggled into the U.S., and that is how primarily, in short, how we get the information of what they are being charged to be transited up illegally through the U.S., or into the U.S. Mr. Biggs. So you can make that testimony with some confidence in the intelligence briefings you received. Mr. Hastings. Yes, sir. Mr. Biggs. So we have been talking about family separation, and on the monitors before you, onto the sides, is what we call permanent family separation. Brandon Mendoza, a Mason City police officer, son of Marianne Mendoza, who is one of my constituents, was killed by an illegal alien who had been deported multiple times. They are permanently separated. Grant Ronnebeck--yeah, that is Grant on the right--Grant was working as a clerk when he was shot in the face and murdered by another individual who had been here and deported multiple times, including have multiple felony convictions. This is permanent separation. If you want to solve separation we would do more than have hearings, because there isn't anybody in this room that doesn't want to deal with this situation that are horrific along the border. We should fix Flores. We should allow for detention of family units for more than 22 days and extend it back to 45 days, allowing us hopefully to resolve their issue before the courts more quickly. Down in Yuma, not too many months ago, is a facility designed for 250 people. When we were there, there were 750- plus, and last time I checked they were over 1,200. It is a 12- hour facility. It is not a detention facility. It is a holding facility, to process individuals and move them along in this system that is the most thorough, due process-giving system of immigration in the world. It is not because CBP is infiltrated with people who hate people. It is because the surge is so overwhelming to the system, the facilities. CBP found, in an investigation, that Charleston, South Carolina, and several other cities, had the same sponsor for multiple individuals. Fifty people going to the same address. In their investigation they found that they had a cartel affiliate running a human trafficking ring, and when they went there to bust it, much to their surprise they had the local LEOs, they had the CBP, they had ICE, they had FBI involved. They found three small children there. They didn't even know about the children. They knew that the adults were being trafficked and basically treated like slaves. Well, these three children had been ceded over, either rented or sold, through the drug cartels, the human trafficking cartels. They were able to get those children out of that situation. That person was charged. They report to me that there are literally hundreds of these rings in this country. Thousands of children are separated on a monthly basis by these human traffickers and parents giving them that--moving them over to these traffickers. Conditions are terrible. We have to enact the laws and see enforcement and provide the resources necessary to resolve those issues. Thank you, Mr. Chairman. Chairman Nadler. The gentleman yields back. The gentleman from Rhode Island. Mr. Cicilline. Thank you, Mr. Chairman. I just want to say at the outset, Mr. Chairman, there was a lot of discussion from our colleagues on the other side of the aisle about inaction by Congress. I would remind them that we have appropriated an additional $4.5 billion to address this crisis on the border. We passed legislation just yesterday to set standards for care for individuals who are in detention. We passed the DREAM Act and temporary protective status legislation, and today we will pass temporary protective status for Venezuela. Oversight is also part of our responsibility, so I invite my Republican colleagues to join us in some of the work of actually responding to this crisis. And I want to start with you, Ms. Shaw. You issued what are called management alerts. Is that correct? Ms. Shaw. Yes. Mr. Cicilline. And a management alert is issued in this case because you found, and I quote, that you ``identified issues that posed a serious, imminent threat to the health and safety of CBP personnel and detainees requiring immediate action by the department.'' Is that correct? Ms. Shaw. Yes. Mr. Cicilline. And you detail those in your written testimony in considerable detail. Is that communicated to the Customs and Border Patrol? Ms. Shaw. The recommendation for immediate action? Mr. Cicilline. Yes. Ms. Shaw. Yes. As part of the first management alert that was an official recommendation. Mr. Cicilline. Okay. So, Chief Hastings, have you read the management alerts that have been provided by the Office of Inspector General? Mr. Hastings. I have, sir, both. Mr. Cicilline. Have you begun to develop a response to it? Mr. Hastings. Sir, we have been working, prior to the reports coming out, and like I said, we have been saying for eight months we are over capacity. Mr. Cicilline. In particular, there is an acknowledgement that there is not a strategic, coordinated approach to service, safety, security, and care for those in custody. Are you now developing a strategic, coordinated approach to address these issues? Mr. Hastings. We are constantly working on the capacity issues. As I testified in my opening, we had six off-sited facilities that we had actually paid for to begin construction prior to even getting the funding for the supplemental. Mr. Cicilline. So, Chief Hastings, you made reference, in your testimony, to the implementation of a zero tolerance policy, which occurred on April 6, 2018. Is that correct? Mr. Hastings. Yes, sir. Mr. Cicilline. And that was a new policy being put into place. Correct? Mr. Hastings. That was a policy to increase our total overall prosecutions. Mr. Cicilline. Okay. And that was a new policy. Mr. Hastings. It was. Mr. Cicilline. So there wasn't a zero tolerance policy before April 6th of 2018, was there? Mr. Hastings. We had ran similar pilots in the field in other locations, but to that magnitude, no. Mr. Cicilline. And it was not a policy in place throughout the entire department. Correct? Mr. Hastings. No, not before that, to my knowledge. Mr. Cicilline. Okay. And that policy required you to prosecute parents so that every child that was with a parent then became an unaccompanied child. Correct? Mr. Hastings. Well, there was a list, and you have seen the list, but it started out with single adult criminals, went to single adults who were smuggling, and then went to non- contiguous family units. Mr. Cicilline. Okay, Chief, I want to talk specifically--I know a number of my colleagues have mentioned family separations at the southern border are ongoing. I want to discuss one very specific case with you, Chief. Due to the Trump administration's Migrant Protection Protocols, MPP, or Remain in Mexico policy, where migrants are required to wait in Mexico until they can have their asylum hearing, one Honduran family was told that they would be separated. One parent would stay in the U.S. with their children and one would be sent to Mexico. According to the parents, a Border Patrol agent then asked the couple's three-year-old daughter, Sophie, to choose which parent she wanted to stay with, ultimately deciding who would stay in the U.S. and who would go to Mexico. Asking a three- year-old child to choose between their parents, not knowing if they will ever see one again, is unconscionable and traumatic to a child. The separation occurred despite a medical recommendation from a doctor who advised that they be removed from MPP and stay together due to Sophie's severe heart condition. So, Chief Hastings, my first question is did this Border Patrol agent correctly implement MPP, according to our policies? Mr. Hastings. So I believe that is the same case we were discussing earlier, where they were separated only in our facility and they were retired as an entire family back to Mexico. Mr. Cicilline. My question, Chief, is even though that ultimately was the result, because of some court intervention, is it an appropriate policy to ask a three-year-old child to decide which parent will stay in the U.S. and which will not? Mr. Hastings. Sir, that was based upon capacity and availability within our own short-term holding detention cell. Mr. Cicilline. Chief, my question is not about your capacity. My question is the propriety and the damage you are doing to a three-year-old child, to ask them to make that decision, to pick a parent. Is that consistent with the MPP protocols? Mr. Hastings. Sir, the family was not separated. They were returned together. Mr. Cicilline. You deny that the child was asked to pick a parent to stay with, and which one would be deported? Mr. Hastings. While in our custody, there was no--to my knowledge, no deportation. Mr. Cicilline. And the medical and psychological conditions of minors considered before placing a family's case into the MPP program? Mr. Hastings. They are. Mr. Cicilline. I yield back, Mr. Chairman. Chairman Nadler. The gentleman yields back. The gentleman from Florida. Mr. Gaetz. Thank you, Mr. Chairman. We have smugglers and traffickers that take young children out of the Northern Triangle, subject them to a treacherous journey where they are abused--physically, mentally, emotionally, sexually--and then they come to our country, and what I have seen in Yuma Sector, is that we have Border Patrol agents who are doing everything they can to respond to a crisis that they did not create and that our laws continue to exacerbate. We have a crisis at our border because our laws themselves seem to be a humanitarian crisis. Instead of requiring migrants to show up with legal paperwork, we simply require them to show up with a trafficked child and present that child in lieu of legal basis to be in our country. And it is devastating to me that while we continue to have thousands of people that today will show up at our border under these conditions, that we are not taking action to reform our asylum laws, and they are sick laws. The crisis on our border was articulated by Secretary McAleenan at the beginning of the year. He begged for the resources to be able to help save lives. He begged for changes in our asylum laws so that we would not be encouraging people to cross our border illegally. Commander White, had the Congress responded timely to Secretary McAleenan's request for supplemental funding rather than only passing it quite recently how many migrants would that have impacted and what would have been the effect of more prompt response to DHS' request? Mr. White. I don't know any way I could answer that question. Is your question about what would be the effect had there not been a period of near deficiency in the UAC program? Mr. Gaetz. Yeah. The question is like, so McAleenan asks for the money in February. We don't provide the money until very recently, and so that delta between the request and the provision of resources created some consternation for the health, safety, and welfare of people who are in our country illegally, and I am trying to understand that dynamic. Mr. White. I am not aware of any impact that would have on the Ms. L. class, but to the extent that it might have an impact on the UAC program I will defer to that program's director, Mr. Hayes. Mr. Hayes. So, Congressman, yes, the lack of funding and the deficiency status that we entered into for short season at HHS did create a level of uncertainty in the program, and in accordance with the Anti-Deficiency Act there were some services that were affected as we carried out the mission to care for the children as they worked through the process. Now how that would have any impact actually at the border---- Mr. Gaetz. No, no, I don't mean that. I mean for the conditions of people that the majority is focused on. Mr. Hayes. And I would defer part of that to---- Mr. Gaetz. I have got an answer to the question. Chief Hastings, my colleagues from Georgia I don't think gave you a full opportunity to answer the question about your basis for the belief that this smuggling industry was a billion-dollar industry. You referenced intelligence reports and intelligence collected off of those that were being trafficked, and he said, ``Okay, well, you have just heard some things,'' and went on. Would you like to illuminate more thoroughly on how we know of the gravity and of the stakes of this trafficking crisis? Mr. Hastings. Yes. So, again, the smugglers are the ones who are profiting from all this, the TCOs. But, I mean, I give five specific examples. This year we have had 200 large groups of over 100 hit our borders. We have never seen anything like that. Last year it was 13. The year before, 2. Specifically, in an example, in at least five of those large groups we had technology that provided us with information that large drug loads, usually cocaine or marijuana, were being trafficked at the same time. In other words, these large groups are often used as a diversion for drug trafficking organizations to know that when you are sending a group that large down through the border you are effectively shutting down our operation so we can deal with that amount of people, and in the meantime you are running a large narcotic load through right next door, two to three miles away. Mr. Gaetz. And that is--your agents refer to that as gap time--is that correct?--where there are gaps in where they can cover the border because they are having to process large volumes of migrants? Mr. Hastings. That is correct, where we either have to transport, detain, or, in this case, it effectively shuts down, just due to sheer transportation and volume of getting those individuals medically assessed and back to our station in a timely manner to process. Mr. Gaetz. Thank you. Well, I certainly hope we can get some of that bipartisan work before the committee. Mr. Chairman, may I be recognized for a unanimous consent request? Chairman Nadler. Without objection. Mr. Gaetz. Mr. Chairman, I seek unanimous consent to enter into the record a McClatchy article, January 15, 2016, entitled ``Obama Administration Fights to Keep Family Detention.'' Chairman Nadler. Without objection. [The information follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Chairman Nadler. The gentleman's time has expired. The gentleman from Maryland. Mr. Raskin. Thank you, Mr. Chairman. When the zero tolerance policy ended after a court decision, I understand that hundreds of children continued to be separated from their parents at the border, and unless someone corrects me I believe they are still taking place to this day, on the criteria of either criminal history or best interest of the child. Is my understanding basically right, Chief Hastings? Mr. Hastings. This is correct. Guidance was put out immediately that basically identified when child separation would occur, to the agents. Mr. Raskin. Can you tell us generally what the standard is there? Mr. Hastings. I can. It is a referral for a parent/legal guardian for prosecution of a felony. Parent/legal guardian presents a danger to the child. Parent/legal guardian has a criminal conviction for violent misdemeanors or felonies. And then the parent or legal guardian has a communicable disease. Mr. Raskin. So I have gotten word of some disturbing stories of families being torn apart for reasons which appear not to fall within those categories, but I understand there is some generality and abstractness to the way that that memo is written. You are quoting from the June 27, 2018, interim guidance. For example, if a child was separated from a parent because the parent had had a marijuana arrest or conviction, would you see that as outside of this memo or would you see that as an acceptable interpretation of this memo? Mr. Hastings. It would be a case-by-case basis and I would want to see all of the facts of everything that was presented. Mr. Raskin. But assuming that there were no other salient facts offered, would it be enough that there was a marijuana conviction in someone's record? Mr. Hastings. Again, it would be case-by-case. I would need to the totality of the circumstances to make that decision. Mr. Raskin. Well, I understand that it is case-by-case. That is how the justice system works. But we take case-by-case and then we apply rules. And what I am looking for is what is the rule that is to be applied on a case-by-case basis? Would a marijuana arrest or conviction fall within--and it doesn't look like it is prosecution for a felony, and it doesn't look like it is a criminal conviction for a violent misdemeanor or felony. Wouldn't that fall outside? Mr. Hastings. Again, I would want to see the totality of the circumstances to see if there were other convictions, other things out there. Mr. Raskin. All right. So if you--you know, you are in charge and you have got enormous experience. If you cannot tell us, how is somebody, a line person in the Border Patrol, supposed to make that determination? I mean, can one make a decision one way about a marijuana arrest and then another officer make another decision about a marijuana arrest? Mr. Hastings. If the agent has a question they will refer that through our legal counsel and work with our legal counsel to make sure they are making the right decision in accordance with this guidance that has been put out. Mr. Raskin. The National Immigration Justice Center represented a woman, who I will call Maria, who was separated from her three-year-old for more than three months because Customs and Border Patrol thought that she had a criminal history in her home country. She was not reunited with her son until U.S. lawyers were able to obtain proof from El Salvador that she had no such record. What steps are taken to prevent mistakes and errors, because the impact is obviously devastating on a family. None of us, I am sure, can contemplate having a missing or lost child for more than 15 minutes, much less for three months. Mr. Hastings. Sir, I am not aware of this specific case but I would be glad to look at it and get back to you. Mr. Raskin. But what is being done to prevent mistakes from being the basis for decisions? Mr. Hastings. So as we said earlier, as I said earlier, a separation is not taken lightly. We run every check, discuss-- make sure, to the best of our ability that we can by running all criminal records checks, working with other entities, sometimes even foreign law enforcement officers, to make sure that everything that we are told is true and correct, and to the best of our due diligence make sure that we are doing things properly. Mr. Raskin. If a mother or father has HIV-positive status, is that alone enough to justify separation from their child? Mr. Hastings. It is. It is a communicable disease, under the guidance. Mr. Raskin. Because we have reports of people being separated from their kids on that basis. Is that what we mean by communicable disease? It is not communicable through ordinary contact. Mr. Hastings. This is the guidance that we follow. Mr. Raskin. And that came from our legal counsel or that came from the Chief of Border Patrol, or where did that come from? Mr. Hastings. I am not sure if that came from legal counsel. We just see that--I believe that is defined as a communicable disease. Mr. Raskin. Do you have a list of the communicable diseases? Mr. Hastings. Not with me. No, sir. Mr. Raskin. I mean, the flu is communicable. Would we separate parents from kids if a mom or dad had the flu? Mr. Hastings. We are not, sir.\2\ --------------------------------------------------------------------------- \2\ Statement Attributable to Brian Hastings, Chief, Law Enforcement Operations Directorate, U.S. Border Patrol: ``As I noted multiple times when presented with hypothetical scenarios or specific allegations by members of the Committee, I would need to review the full facts and circumstances associated with a case before speaking definitively. To clarify my exchange with Rep. Raskin regarding potential reasons for separation due to communicable diseases, while HIV is not a communicable disease that would bar entry into the U.S., HIV does present additional considerations that may affect how migrants might move forward in processing. CBP would not separate families due to the communicable nature of HIV. Generally speaking, separations of this type are due to the potential requirement for hospitalization and whether it is in the best interest of the child to wait for the disposition of the their parent in HHS or CBP custody. Similarly, while a simple flu case would generally not be grounds for separation, complications requiring hospitalization may impact the best approach for maintaining custody of the child. For these reasons, Border Patrol makes all separation decisions on a case-by-case basis and these decisions are not taken lightly.'' --------------------------------------------------------------------------- Mr. Raskin. Okay. I see my time is up. I yield back. Thanks. Chairman Nadler. The time of the gentleman has expired. The gentleman from North Dakota. Mr. Armstrong. Thank you, Mr. Chairman. I wish that we--and I agree with my colleague on what due process is in convictions and those types of things, and I do, but I also know that I have seen reports that up to 92 percent of the crimes in El Salvador don't go punished. And I am not going to ask you because you all work with those countries and we are doing a lot. But this is more than just checking a Clerk of Court record in some of these countries. We are going to vote today on TPS status for an entire country. We wouldn't be doing that if everything was wine and roses down there. So I wish that their due process was where it was and that it was as absolute as that, and you could say, ``Have you been charged?'' ``Have you been convicted of a crime?'' and that was the final inquiry. But I suspect it is a little more complicated than that, and you are dealing with people--and oftentimes the level of the crime you pay in some of these countries is how big of a bribe you paid to get out of it. So I think the real world is a little different than how we are interacting with that. So I think that is an important point. But Mr. Edlow, we talk about family separation and we talk about all of these different things and asylum, but we have to start from the basis of that. We actually have a law, and the law is it is a Federal crime, under United States Code 1325, to illegally enter the United States. Correct? Mr. Edlow. That is correct. Mr. Armstrong. And this wasn't added to the Federal Code under President Trump. Mr. Edlow. No, sir. Congressman, the 1325(a) was added back in 1952. Mr. Armstrong. And this is unique for Federal crimes because it is actually a misdemeanor for a first offense, and we don't typically--the Federal Government isn't really in the business of like prosecuting Federal misdemeanors in other areas of the law, is it? Mr. Edlow. It would depend, I guess, on the crime that we are referring to. But I would note that with every administration the Department of Justice has an attorney general, and that attorney general sets priorities for prosecution. Mr. Armstrong. But--and you would agree one of the reasons--I mean, we are not locking a bunch of these people up if they get a misdemeanor conviction. I mean, we are better stewards of the taxpayers' dollars that that. We are deporting them and sending them back to where they go. And I am not talking in these asylum cases, I am just saying--whatever, they get convicted of a misdemeanor and then we work through ICE and get a deportation order. Mr. Edlow. That would be--after the prosecution phase they would be returned to the Department of Homeland Security for them to explore whatever relief they may have available, or protection, and ultimately to get that relief or protection or to be removed. Mr. Armstrong. I mean, one of the reasons for this is to deter illegal entry. Correct? Mr. Edlow. Well, Congressman, presumably when Congress enacted 8 USC 1325, one of the reasons was to encourage individuals to appear at the port of entry and to try to get admission at the port of entry as opposed to trekking through the desert, through the river, whatever else, to make a very dangerous journey into the United States. Mr. Armstrong. And there is another reason, too, because illegal re-entry is no longer a misdemeanor. Illegal re-entry of a previously deported alien is a felony, right? Mr. Edlow. Yes. Mr. Armstrong. So in order to have--I mean, if we have bad actors who continue to go back and forth, dealing with that, we need a deportation order. I mean, that is actually an element of the crime the second time. Mr. Edlow. For illegal re-entry? Yes, an element would be the deportation order. Mr. Armstrong. And so it is not only to defer the first track but is also to make sure that people understand that if you keep doing this, and continue to do it more than once, the consequences get more significant. Mr. Edlow. That is correct, Congressman, but I would also say that in terms of one of the most important parts of prosecuting 1325(a) is to really get at what Mr. Biggs was talking about earlier, with regard to the smugglers, the abuse of children that we are seeing across the border at this point. And I would note that in the last year there has been a marked increase in prosecutions for both violent crimes and crimes against children prosecuted by the Federal Government along the border. Mr. Armstrong. And at the same time, in the last year, parents traveling with children are not being referred for prosecution right now because of an Executive Order issued by President Trump? Mr. Edlow. Congressman, I would defer to the Department of Homeland Security as to who is being referred to the Department of Justice, but I believe that the injunction under Ms. L. and the Executive Order of June 20th is in effect and is being complied with. That said, Congressman, I would also note briefly that, as it has been stated, the policy is no longer in effect. The zero tolerance prosecution policy is still an active memo.\3\ --------------------------------------------------------------------------- \3\ Mr. Edlow requested this paragraph be changed to, ``That said, Congressman, I would also note briefly that, as it has been stated, the zero tolerance prosecution policy is still an active memo.'' --------------------------------------------------------------------------- Mr. Armstrong. I guess that is my question, is what is--it seems--and this goes to what Mr. Gaetz is seeing--it seems we have created now, through attempts at compassion, an absolute incentive to bring children across the border because it essentially a get-out-jail-free card. Mr. Edlow. Again, I would defer to the Department of Homeland Security as to how they are referring cases, who they are deciding to refer. Chairman Nadler. The gentleman's time has expired. The gentlelady from Washington. Ms. Jayapal. Thank you, Mr. Chairman. I wanted to start by--since there have been so many calls from the other side that there hasn't been anything done, I wanted to quickly run through a timeline of what happened with the family separation policy. On March 6, 2017, former DHS Secretary John Kelly announced that DHS was considering separating children from their parents to deter migration. A few weeks later, because of massive outcry across the country, on March 29th, Secretary Kelly announced that, no, DHS was not going to pursue family separation, and yet just a few months later we learned that DHS secretly piloted family separation in the El Paso Sector from July through November of 2017. In February of 2018, responding to reports that family separation was occurring in the El Paso Sector, Ms. Lofgren and I sent a letter raising concerns with reports of family separation. That was circulated to my Republican colleagues. Not a single one signed on. In April of 2018, the New York Times reported that DHS took more than 700 children from their parents between October 2017 through April of 2018. And then on May 4, 2018, then Attorney General Jeff Sessions announced Trump's Zero Humanity Family Separation Policy, and he named the principal purpose of family separation as deterrents and to criminally prosecute people. I would remind my colleagues on the other side of the aisle, as they express their outrage that nothing has happened, that they actually controlled both chambers of Congress, the House and the Senate, and the White House, during this entire time that family separation was happening. The entire two-year period that they had control of the House, the Senate, and the White House, this was actually happening at the behest of the Trump administration. They did not join us in oversight or having a single signing onto a single letter to address the humanitarian crisis, and ultimately, it was actually a court order that was--that ensured that children were reunited with their parents, on June 26th of 2018, that court order happened. But at that point nearly 3,000 children had been identified as separated, just during that time of the case. Now today we know that family separations are still happening. As Mr. Edlow said, zero tolerance policy is still an active memo. I believe that is what you said. So let me go to Chief Hastings. You mentioned earlier in your testimony, and I don't have the exact words so I wanted to make sure I get this right, you said something like ``when we started we were tracking A numbers.'' What did you mean by ``when we started''? What point of time were you referring to? Mr. Hastings. So during zero tolerance we were basically-- we had a tear sheet that went with the A number, to list the family member. So when reunification became--when reunification would take place that the child could be matched with the family easier. Ms. Jayapal. Okay. And are you aware that on September 27th of 2018, the DHS Office of Inspector General found that DHS was, quote, ``not fully prepared to implement zero tolerance or to deal with after effects''? Mr. Hastings. So for Border Patrol, I mean, we are the arresters and set-up for prosecution, so we were prepared. Ms. Jayapal. Okay. And so, you know, the report also said that DHS struggled to identify, track, and reunite families, and provided inconsistent information to migrants, thereby creating communications issues with their children once they were separated. So somewhere between Border Patrol, ORR, ICE, the various agencies that were involved, we lost the data. Children were separated from their families, and I would like to go to Commander White. The last time you were here--and thank you for your courage and your testimony--you testified that you warned three Trump appointees about the potential health risks of family separation more than a year before the policy became official. Is that correct? Mr. White. Yes, ma'am. I gave my first warning to my superiors on the 15 of February, 2017, after attending the first meeting that we had on that proposal. Ms. Jayapal. February of 2017. Thank you. And you also testified that the best available evidence shows that separating children from their parents--and this is your quote--``entails very significant and potentially life-long risks of psychological and physical harm.'' Is that correct? Mr. White. That is an established scientific fact. Ms. Jayapal. Thank you. And Commander White, would you agree that if a child welfare official observed children being forced to wear clothing stained with vomit for weeks, deprived of basic essentials like adequate food, water, clothing, medical care, and dental hygiene, and leaving infants and toddlers in the care of other young children, wouldn't child welfare officials remove children from that household? Mr. White. Although I don't know if that occurred, there is no doubt that any competent child welfare professional would take such a step. Ms. Jayapal. And yet here we are, the U.S. Government, detaining children in those conditions. It is absolutely abhorrent, and I am just--I continue to be stunned---- Ms. Lofgren [presiding]. The gentlelady's time has expired. Ms. Jayapal [continuing]. Madam Chair, and I yield back. Ms. Lofgren. The gentleman from Virginia is recognized. Mr. Cline. Thank you, Madam Chair, and I want to echo the concerns of everyone here who has told horrendous stories of children being separated from their parents, of children in conditions that are unacceptable, and I think that we all share--put politics aside--we all share these concerns and want to move to address them. So I am glad to hear the timeline that the gentlelady presented, letters of concern as early as the last Congress that were going on. I can't help but also note that additional legislation as pushed during that same time that would have fixed Flores, offered by my predecessor, Congressman Chairman Goodlatte. Both of his bills would have included a fix to the Flores problem that we are encountering. The Administration--it is my understanding while they have continued a zero tolerance policy, has put forward a memo opposing family separation. Is that my understanding? Mr. Edlow. Congressman, there was an Executive Order that opposed \4\ family separation. --------------------------------------------------------------------------- \4\ Mr. Edlow requested this be changed to ``restricted.'' --------------------------------------------------------------------------- Mr. Cline. Executive Order. Mr. Edlow. And that Executive Order is being followed as is the injunction in the Ms. L. litigation. Mr. Cline. Thank you. I think we all want to see legislation pushed to address it, and we have seen some legislation move, one piece of legislation out of this committee, sponsored by Congressman Ruiz, that dealt with conditions at the border. There is another bill dealing with short-term detention standards. You know, when I was in the State legislature for 16 years, we developed expertise in our specific areas. I was on the Courts of Justice Committee. I was on the Finance Committee, which dealt with tax policy, and when there was a tax question, when there was a bill to effect tax policy, that legislation went through the Finance Committee. And so I am concerned that not only is there--I am pleased, first of all, to hear that there are legislative initiatives out there to address this issue, but I am concerned that these bills are not only being introduced--now I am glad to hear they are being introduced by members of our committee. The gentlelady from Texas, Ms. Escobar, introduced a bill dealing with immigration policy, but it was not sent here. The committee of jurisdiction has not gotten to review that bill. And we have people on both sides with significant expertise on those issues, who want to weigh in, who want to help. We have staff with decades of experience who should be able to assist as we seek to make the best policies possible, the best pieces of legislation possible, to come out of this committee, to come out of this Congress. The only way you are going to get solid, A-plus pieces of legislation is to put them through the committees of jurisdiction. And so for Congresswoman Escobar's bill to be referred to a different committee I think is going to result in a piece of legislation that is not as good as it could have been, and that is just to put it mildly. Let me ask Mr. Hayes, Director Hayes, we have heard a lot of discussion about the homestead influx shelter. Did that shelter open during the Trump administration or the Obama administration? Mr. Hayes. Sir, the homestead site was first chosen and the initial contract and operator chosen in December of 2015, in the last administration. Mr. Cline. Was the contractor who operated the homestead influx shelter selected during the Trump administration or the Obama administration? Mr. Hayes. It was chosen in December of 2015, in the last administration, sir. Mr. Cline. Are the services offered to the children under this administration different than the services offered in the last administration? Mr. Hayes. No, sir. Mr. Cline. And what has changed since it opened in 2016, until now? Mr. Hayes. Just the census has gone up and down, but basically, you know, the shelter remains very similar to the way it was. Mr. Cline. Thank you. I yield back. Ms. Lofgren. The gentleman yields back. Just a note. I appreciate his comments on jurisdiction. I remember many years ago when Henry Hyde was chairing the committee and we had an issue that related to an overlap between the Energy and Commerce Committee, and he said, ``You know, Democrats are adversaries, but the Energy and Commerce Committee is our enemy.'' So there is that jurisdiction. I will note that the Homeland Security Committee has jurisdiction over personnel in the Department of Homeland Security, but obviously all the policy issues are our jurisdiction, and I think the gentleman has identified a serious issue, and I wanted to acknowledge that. Now I would recognize the gentlelady from Florida, Mrs. Demings, for five minutes. Mrs. Demings. Thank you so much, Madam Chair, and thank you to all of our witnesses for being here. As I listen to my colleague from Washington State describe the conditions of children and families, I initially thought that I was listening to a story about families in a distant land. I know many of my colleagues on the other side of the aisle have tried to make this issue a partisan issue, but it is not. This issue is really about is American who we say we are? Do we treat people with dignity and respect, regardless of where they come from, and do we treat them fairly? That is what this issue is about. It is not a partisan issue. And I would say that we better get back on track, because the conditions and situations at the border is a loser. It is a loser for all of us. It is a loser for this nation, and we are better than what we are doing at the border. Chief Hastings, I know you have a tough job, but let me just say this. As a law enforcement agency, CBP plays a critical role in our national security mission. But I also know what it is like to have been given an unjust, improper, and impossible mission or order. And as opposed to CBP being able to stay in their land and keep our nation safe, you are having to deal with overcrowding in facilities, deal with children, deal with families, long-term stays and detentions. That is not your mission. And so I just want to know, but since you have been given that charge, do your officers or agents receive any specific training in dealing with children or the treatment of children in detention? Mr. Hastings. Yes. We receive--yearly, we receive TDPRA training and Flores settlement training as well. But specifically as far as child care training, no. Mrs. Demings. No medical training to deal with---- Mr. Hastings. We do have--we have got over 1,200 EMTs that are trained. I think we are the largest only behind the Department of Defense. So we do receive that as well as basic EMT for all of our officers. Mrs. Demings. That is annual training, you said? Mr. Hastings. It is. Yes, ma'am. Mrs. Demings. Have all of your officers or agents received the training to date? Mr. Hastings. I would have to get back to you on that. I don't know what the status is on that. Mrs. Demings. Acting Secretary proclaimed that such training is a hard thing to comprehensively provide for law enforcement. Do you agree with that statement, and if so, why? Mr. Hastings. In the current crisis any training is hard to provide right now, because, as I said earlier, we have got 40 to 60 percent of our agents just dealing with the crisis and border security mission is suffering. We have cancelled leave. We have cancelled a lot of task forces, pulled agents back from those, and those agents are specifically--it is all hands on deck. We have even cancelled some training. Mrs. Demings. Acting Secretary also mentioned, in his testimony, that the department is hoping to have contracted experts in CBP facilities that can identify mental health trauma in children. Have you completed that? Mr. Hastings. Are you referring to the contract of medical assessment teams that we have in our facilities? Mrs. Demings. That is correct, but specifically dealing with mental health issues that children may suffer who are in your detention facilities. Mr. Hastings. So what I can say is we started with about 20 medical health professionals through a contract company in all of our southwest border facilities. We have over 200 today. We are expanding those medical contract as quickly as possible, to provide that additional assessment. Again, it is short-term, not long-term, so if a problem is identified we will seek to get the proper help as quickly as possible, not in the facility. Mrs. Demings. Ms. Shaw, during your visits to the various facilities, do you agree with that assessment? Is that what you saw, contracted professionals in place dealing with some of the challenges in the facilities? Ms. Shaw. So I can't share specifics as of yet. We are working on our capping report, which will address what we saw. We do observe volume of medical staff on site. I can tell you that we did see staff on our visits, some from Coast Guard, some from other agencies, to provide help under the circumstances. Mrs. Demings. And finally, Chief Hastings, if a medical emergency does occur, could you just kind of walk us through? I know there was some discussion in the past that there were not even medically trained personnel even close to a lot of the crises or medical crises that you interacted with in the field. Could you kind of walk us through how things have gotten better? Mr. Hastings. Sure. As I said earlier, we now have over 200 medical nurse practitioners and physician assistants in our facilities through the contract. If they identify an issue, or if an individual in our detention says ``I am sick'' or ``I need to see a doctor,'' they are taken to the hospital or the nearest medical facility to seek additional care. I mean, up to 80 per day right now, so far over 20,000 this fiscal year, have been referred for secondary medical care. Ms. Lofgren. The gentlelady's time---- Mrs. Demings. Thank you. Ms. Lofgren [continuing]. Has expired. Mrs. Demings. Thank you, Madam Chair. Ms. Lofgren. The gentlelady from Pennsylvania is recognized for five minutes. Ms. Scanlon. Thank you very much. Two to three weeks ago, multiple news outlets reported that DHS had received complaints that a 15-year-old Honduran girl, detained in Customs and Border Patrol's short-term custody in Yuma, had been sexually assaulted by an officer. During what was supposed to be a routine pat-down, the officer reportedly put his hands inside her bra, pulled down her underwear, and groped her. While assaulting her, the CBP officer said to have spoken with other CBP officers and laughed. And this has all happened in front of other detained migrants and officers. I understand that the incident is still being investigated, but the reporting we have seen thus far is horrifying, and this is not the first time we have heard allegations from migrants hurt in other government facilities. In fact, in 2016, the Berks County Family Detention Facility in Pennsylvania had such allegations, and that is the facility that Representative Dean and I visited just last week. All of these incident raise serious questions about institutional response to bad actors and what protections should be in place to protect an extremely vulnerable population--minors, people who may have language barriers, and people who are in custody. Chief Hastings, has the agent accused in the Yuma case been identified? Mr. Hastings. Ma'am, to my knowledge, I don't personally even know if it is a Border Patrol agent or if it was someone from ICE that was transporting the individual. I know that the investigation is currently under--I believe the Office of the Inspector General's investigating that case now. I first heard of the case, by the way, when it went out in the media. That is the first time I had heard of the case. Ms. Scanlon. Okay. So Customs and Border Patrol is not doing any independent investigation. It has just been referred to the Office of Inspector General? Mr. Hastings. To my knowledge, I believe the Office of Inspector General has that case. Ms. Scanlon. So Customs and Border Patrol is not doing anything separately? Mr. Hastings. Not to my knowledge, ma'am. Ms. Scanlon. But officers--Customs and Border Patrol officers in Yuma are under the jurisdictions of CBP. Correct? Mr. Hastings. CBP, OPR, that is our internal mechanism that investigates Border Patrol officers, but, I mean, I believe right of refusal, I believe OIG gets the first crack at the case. Ms. Scanlon. Okay. Has CBP taken any efforts to ensure that such incidents won't happen in the future, in any sector? Mr. Hastings. Absolutely. As I said, we just learned about this, but, I mean, we have posters and things that basically say open to any complaints, provide the numbers for any complaints that any detainees in our facilities have to call. We take all of these allegations seriously. We will seek to-- you know, if the allegations are found to be true, then we will take immediate action against those employees, if they are indeed true, if those allegations are true. Ms. Scanlon. Is there any training with respect to who should be performing pat-downs? Mr. Hastings. There is. There is training and policies. Generally it is preferred to be a member of the same sex that does those pat-downs. That is not always available, but generally that is the guidance that is put out to the field. Ms. Scanlon. And that includes with respect to children? Mr. Hastings. Children as well. It is same sex, generally. It is obviously not as--yes, it is same sex as often as we can. There are some remote locations in the field where we have to do quick cursory searches to make sure that the individuals don't have weapons, and if there isn't anyone available and then the officer, for officer's safety, needs to do that search, will perform that search and do so, as professionally as possible. Ms. Scanlon. Okay. But all the reporting said that this incident happened at the holding facilities in Yuma, so that would not be out in the field. Mr. Hastings. That is correct. There are times that an opposite-sex member or a same-sex member may not be available, and our policy does allow for cursory searches in those cases. Ms. Scanlon. Ms. Shaw, it sounds like the ball was passed to you, so I understand your office has announced an investigation here. Are there ongoing efforts to plan a wider investigation into allegations of sexual assault in CBP facilities? Ms. Shaw. We do have work underway looking at the law enforcement components within Department of Homeland Security and how they handle allegations of sexual harassment and sexual misconduct. That work is, I believe, out of field work and we are in the process of drafting, so we will have work product out on that in the near future. Ms. Lofgren. The gentlelady's time has expired, and we will turn now to the gentlelady from Texas, Ms. Garcia. Ms. Garcia. Thank you, Madam Chair. Before I begin my questions I wanted to thank Representative Cline for acknowledging that we, in fact, have been drafting bills to try to address a lot of these issues. I really did take exception with Ranking Member Collins making a suggestion that all we are doing is having hearings but that there is no action, that we believe to file bills. And I believe she said something like, you know, ``Let's do our work. Let's file bills.'' So, Madam Chair, I wanted to remind Representative Cline that Chairman Thompson also H.R. 3731. The bill he was referencing from Representative Escobar is 2203. And, of course, the DREAM Act, which we did get out of this committee and has passed the House, is H.R. 6, the DREAM Act. Additionally, the Congressional Hispanic Caucus has filed numerous bills--in fact, it is two pages worth of bills addressing many of the issues that have been raised today, everything ranging from Representative Gallegos' bill about site visits to detention centers, to one of mine--I have filed several--about stopping shacking and detaining of pregnant women. I mean, the list goes on. So any representation that all we are doing is having hearings and this is all for--I guess for fun--I am not quite sure what message she was trying to get across, but it is just simply not true. And I just want to make sure that the folks watching and listening know that these issues are serious. And, Commander, I recall when you were here in February, that you said, as you mentioned to Representative Jayapal, that you took objection and shared your concerns to the Acting Director then, Mr. Lloyd, was it? Mr. White. Yes. Among those two I raised those concerns. Ms. Garcia. My note just says that you raised concerns. And then later during the hearing, because I do take some notes, you actually said that you just--you are against family separation, as a child welfare professional. Mr. White. Every career member of the ORR team was opposed to the idea of family separation. Ms. Garcia. So you were opposed to it then. You are still opposed to it? Mr. White. I am. Ms. Garcia. Right. So are you concerned about the reports that Ms. Shaw has detailed, about the conditions that her team saw firsthand, as many of us have seen as we have visited centers? Mr. White. My focus remains on ORR's and HHS's child welfare mission. Border stations are a matter that my colleagues from Border Patrol could speak to. Ms. Garcia. But as a child care professional, are you concerned about some of the conditions that some of the children are being placed in prior to coming to ORR? Mr. White. It is because Border Patrol facilities are for short-term holding that it is so important that all children move in the 72-hour time frame into ORR. ORR shelters are appropriate settings for children. Ms. Garcia. Well, I was trying to get you, as a child care professional, give me an opinion on the holding facilities, but I will move on. You know, former First Lady Laura Bush actually said, in an op-ed piece, in the Washington Post back in June of 2018, when this first started, that they were eerily reminiscent of internment camps. On the other side we had Laura Ingraham say that they were essentially summer camps. And recently a group of evangelical ministers who visited one of the sites in Texas said they were summer camps. Let me ask each of you just yes or no, quickly, if you have a child, or if you don't have children and you have a little niece or nephew, is this a summer camp that you would go and place your children in today? Mr. Edlow, I will start with you. Just yes or no. I don't need an explanation. Mr. Edlow. I can't give you a yes or no. I can say if the choice is between being in the desert or being in a secure facility, a protected facility---- Ms. Garcia. Well, that is not the question. The question is would you place your child, niece, or nephew in those facilities today? If it is a summer camp---- Mr. Edlow. What I am saying is if the choice is between being out in the---- Ms. Garcia. That is not the question, sir. You are a lawyer. I am a lawyer. Answer the question. Mr. Edlow. I can't give a yes or no. Ms. Garcia. All right. Ms. Shaw. Ms. Shaw. These are detention facilities and I would not want my children in detention facilities. Ms. Garcia. Commander White. Mr. White. Short-term holding facilities are no appropriate places for children. Ms. Garcia. So the answer is no? Mr. White. Correct. Ms. Garcia. Director Hayes. Mr. Hayes. I too would not want my children in a detention facility, ma'am. Ms. Lofgren. The gentlelady's time has expired. The chief will be allowed to answer. Ms. Garcia. I just have one more. Mr. Hastings. Ma'am, I would just clarify, I think that was an FRC that the article was about. But regardless, we don't want children in our facilities longer than 72 hours. Ms. Garcia. But would you put your child there? Mr. Hastings. To me it is not a yes-or-no question. I wouldn't put my child in that circumstance of crossing illegally. Ms. Garcia. You just refuse to answer. Mr. Hastings. Ma'am, it is not a yes or no answer to me. Ms. Lofgren. The gentlelady's time has expired. The gentleman from Colorado is recognized, Mr. Neguse, for five minutes. Mr. Neguse. Thank you, Madam Chairwoman, for holding this important hearing and for your leadership in this regard and on so many issues, with respect to immigration policy here in our country. I just--I want to--I was not planning on this, but I have to follow up on the exchange from my colleague, the distinguished lady from Texas, because, Mr. Edlow, I am dumbfounded of how you could not answer that question with a simple no. Of course you do not want your children to be kept in this type of detention. And the fact that all of your colleagues are willing to say that and that you are unwilling to do so is confusing to me. But in any event we will proceed with my questions. Chief Hastings, my understanding is that you testified in front of the Senate a few months ago, I believe, and my understanding from your testimony is there was some exchange about supplies at these facilities, at the border facilities. You might recall that? Mr. Hastings. Yes, sir, that is correct. Mr. Neguse. And my sense from reviewing your testimony is that it was your position that the facilities have soap and toothbrushes and some of the other items that they are required to have, and you described that to the Senate. Do you recall that? Mr. Hastings. That is correct. Mr. Neguse. And I assume you would agree with me that those items--soap, toothbrushes, that those are central, that they are key to making sure that the facilities have safe and sanitary conditions, to the extent that the children, or adults, for that matter, are being detained. Is that safe to say? Mr. Hastings. It is. Mr. Neguse. All right. Thank you. Mr. Edlow, do you agree with Chief Hastings? Mr. Edlow. I am sorry. Can you repeat the question? Mr. Neguse. The question is do you agree with Chief Hastings? Chief Hastings just testified that he believes soap and toothbrushes are central to providing safe and sanitary conditions for those who are detained. Mr. Edlow. Congressman, I believe you are referring to the---- Mr. Neguse. I am not referring to anything. I am asking you a question. I don't know if you--Chief Hastings just testified to a very simple question about whether soap is considered central to providing safe and sanitary conditions. Mr. Edlow. I understand that. Congressman, I believe we are getting very close to matters that are under active litigation. Mr. Neguse. Being very close---- Mr. Edlow. I would not be able to comment on those matters. Mr. Neguse. I want to reclaim my time. Being very close to matters in litigation is not--I am not asking you about a pending litigation matter. I am asking you whether or not you agree with Chief Hastings that soap and toothbrushes are considered central to providing a safe and sanitary condition for those in the custody of CBP. It is a pretty simple yes or no, and the Chief is willing to say yes. I would hope you would be willing to say yes, as well. Mr. Edlow. Of course, toothbrushes and soap are important sanitary provisions\5\ to be issued to anyone in the custody of the government. That said, but---- --------------------------------------------------------------------------- \5\ Mr. Edlow requested this be charged to ``items''. --------------------------------------------------------------------------- Mr. Neguse. I appreciate you saying that. Mr. Edlow [continuing]. In terms of what you are getting at with the comments made, I would just ask the entire committee to review the entire record of the arguments made before the Ninth Circuit, and as I said, I can't comment on anything further about the substance of the arguments made at the Ninth Circuit. Mr. Neguse. Well, look. I have reviewed those arguments. Obviously they are a matter of public record, so members of the public and citizens can review them for themselves. I believe that many in the country were shocked by the arguments that were made in front of the Ninth Circuit, in the case that you are describing, in the Flores v. Sessions case. But suffice it to say, I think you have perhaps clarified the record today in saying that those are items that are central to providing safe and sanitary conditions for those who are detained in the custody of CBP. And given that, I would hope that the Department of Justice, which is the department that you work for, would reconsider its position, the position that it has taken in that litigation, because I don't know how you can reconcile the statement you just made with the position that the department has taken in that case, and I suspect in many other cases. I would just close--I was not here for the exchange but I want to make sure we have a chance to cover this, because one of my colleagues had mentioned it. You stated earlier, Mr. Edlow, that the zero tolerance policy is still, quote ``an active memo.'' Is that correct? Mr. Edlow. That is correct. Mr. Neguse. Okay. Mr. Edlow. It has not been rescinded, I should say. Mr. Neguse. Okay. Courts, my understanding, put a stop to that policy last year, through a preliminary injunction, which cites both the Flores settlement agreement and Trafficking Victims' Protection Reauthorization Act. So why hasn't that policy been withdrawn? Why hasn't it been rescinded? Mr. Edlow. Congressman, I think we are conflating issues here. The zero tolerance policy that I am referring to under the April 6th memo, states that the U.S. Attorney's Offices along the southern border will accept for prosecution, to the extent practicable, and in consultation with DHS, all cases that are referred for prosecution, for improper entry. The decision about who to refer is a decision that is made from our law enforcement partners, so in this case from Border Patrol, from Customs and Border Protection. So the memo that we are referring to here is still in effect, that cases that are referred are being--and they are being accepted provided they are amenable to prosecution. That is completely, wholly, separate and apart from any--who is being referred. Now certainly the Federal Government is complying with the injunction, Ms. L., as you reference, as well as with the President's Executive Order of June 20th. My understanding, and I would defer to the Department of Homeland Security, but my understanding is that parents that are entering with children are not being referred under this memo, but the memo itself is still being--it is still being followed. Ms. Lofgren. The gentleman's time has expired. The gentlelady from Georgia is recognized for five minutes. Mrs. McBath. Thank you, Madam Chair, and thank you to each of you for coming here to testify before us. As a mother, I have to say it just truly breaks my heart to hear the stories that my colleagues and I continue to hear, and the idea that separations appear to be going on is just unconscionable. The American Academy of Pediatrics said, in a statement, that separating children from their parents contradicts that the Academy stands for as pediatricians. They noted that immigrant children seeking safe haven in the United States should never be placed in detention facilities. Studies of detained immigrants have shown that children and parents may suffer negative physical and emotional symptoms from detention, including anxiety, depression, and post-traumatic stress disorder. Conditions in United States detention facilities, which include forcing children to sleep on cement floors, open toilets, constant light exposure, insufficient food and water, no bathing facilities, and extremely cold temperatures are traumatizing for children. No child should ever have to endure these conditions. The American Medical Association sent you a letter urging the Trump administration to promptly end the practice of separating children from their families at the southern border, citing emotional and physical distress associated with this policy. The zero tolerance policy has and continues to fracture families at our border as punishment for seeking refuge in the United States. Chief Hastings, if you will answer my questions please, in just a yes or a no. Are you aware of the research on trauma caused by parental separation? Mr. Hastings. I have not read those reports. No, ma'am. Mrs. McBath. Are you aware of the effects of trauma on child development? Mr. Hastings. Again, I have not read those reports. Mrs. McBath. Are you aware of the comments by the American Academy of Pediatrics? Mr. Hastings. I have not read the reports, ma'am. Mrs. McBath. Did you read the letter from the American Medical Association calling for an end to family separation because of the emotional and physical stress it causes to parents and children? Mr. Hastings. I have not read the letter. I haven't seen it. Mrs. McBath. Did you make any changes in CBP policy at all? Apparently not, because you have not read the report. Correct? Mr. Hastings. I haven't read the reports but we have outlined how the policy was changed after the Executive Order was put out. I have provided that, when we separate children now, from here on out, our guidance. Mrs. McBath. Okay. Does this committee have that guidance? Mr. Hastings. They do. Yes, ma'am. Mrs. McBath. Okay. Thank you. So to your understanding, have any changes really been made to training of CBP agents and officers with this new guidance? Mr. Hastings. We have provided the specific guidance, which you have, as I said, and basically it is what we were doing prior to the zero tolerance initiative. Mrs. McBath. Did you implement a system that would like each child to the parent or family member that you tore them away from? Mr. Hastings. We document the familial relationship with tear sheet that is provided, as well as in the A file, or the file for the individual, yes. Mrs. McBath. And I am going to ask Inspector General Shaw-- my time is short--is DHS providing trauma-informed mental health services to children and parents who have been separated or those who are detained in locked facilities? Ms. Shaw. I am sorry. I don't have details on that at this point. It is an issue. Access to medical care is an issue that we are looking at as part of the broader review of our unannounced inspections. But we, within DHS OIG, don't have the subject matter expertise at this point to evaluate the quality of that care, but we are looking at access to care and will be able to put some reporting out, hopefully in the fall. Mrs. McBath. So when you do conclude your reporting you will make that available to this committee. Correct? Ms. Shaw. We will, and it will be published for the public, as well. Mrs. McBath. Okay. Thank you. I just have to say this in closing. We have absolutely got to end the physical and mental harm faced by our children at the border. These policies are harming innocent children and it simply has to stop. And I yield back the balance of my time. Ms. Lofgren. The gentlelady yields back. We have been called for votes, but I think we can go to one more individual for questions, and that would be Mr. Stanton from Arizona, who is recognized for five minutes. Mr. Stanton. Thank you. Securing the border and treating children humanely are not competing values, and this administration's family separation practice deeply concerns me. I am a father with two children, 9 and 12, and the stories that I have heard, situations that I have witnessed, they tug at the heart. And I am trying to best understand how this administration and the agencies who carry out this practice believe it is acceptable. Just last week I visited an Office of Refugee Resettlement shelter in Phoenix that was specifically for children under the age of 5, a tender-aged children. And let me be explicitly clear--this was not a shelter for teenage moms and their babies. It was a shelter specifically designed for babies and young children who had been separated. When I walked into the nursery I saw babies as young as 10 months old, held in government custody, cradled by adults unknown to them. ORR staff informed me that each child had been separated from their families and that several had been separated from their parents. I want to use my time today to follow up on what I saw and what I heard. Director Hayes, how many ORR-funded shelters are in our country specifically for tender-aged children, 5 years old and under? Mr. Hayes. I don't have that exact number, sir, but I would be happy to get back to you. I know we have almost 170 shelters and facilities across the whole nation. Mr. Stanton. I appreciate that. Mr. Hayes. Yes, sir. Mr. Stanton. The facility I visited in Phoenix started to take in children from the border just five weeks ago, and ORR staff informed me that there are plans to contract with a second facility for tender-aged children in the near future. Director Hayes, yesterday you testified before the Appropriations Subcommittee that HHS plans to double its permanent bed capacity to 20,000 by December 31, 2020. Who projected this increase and what is the basis for the projection? Mr. Hayes. So, thank you for the question, Congressman. I would say that that is a number that we have used in reference to being up to 20,000. It is not quite doubled. We have about 12,000 permanent licensed beds in our shelter. As I said earlier in my testimony today, it is the commitment of myself and Assistant Secretary Lynn Johnson at the Administration for Children and Families, along with Secretary Azar, that we have plenty of permanent, state-licensed facilities in partnership with the states and the communities that you represent, in order to provide care for these children that are referred to us. Mr. Stanton. Of the 20,000 that you mentioned, how many are tender-aged children? How many tender-aged children do you estimate, or will receive between now and December 31, 2020? Mr. Hayes. I don't have an estimation on that, sir. Mr. Stanton. Director Hayes, on July 3rd, an HHS spokesperson said that the Trump administration was evaluating vacant properties that would serve as a permanent housing facility for unaccompanied children, looking at Phoenix, Dallas, Atlanta, Houston, or San Antonio area. Since the announcement, my staff has learned that Atlanta is no longer under consideration. Is Phoenix still under consideration for such a facility? Mr. Hayes. Yes, sir, and to be specific, Congressman, those facilities are what we would consider at the sub-prospectus level in partnership with GSA, trying to identify both smaller and medium-sized shelters that we can get licensed in the respective state. Mr. Stanton. Okay. I will be following up. I am short on time but I will be follow up with a lot more specifics about the decision-making---- Mr. Hayes. Absolutely. Mr. Stanton [continuing]. On where that facility will be located. Mr. Hayes. Arizona is a fabulous partner with ORR in the care of these children. Mr. Stanton. Several children arrived sick at the ORR facility I visited. Staff said they don't believe DHS is supposed to transfer sick children to their custody, but their experience is that DHS employees give children Tylenol to merely mask the symptoms and still transfer over the sick children to them. Those are their words, not mine. Chief Hastings, why are so many children sick when they leave DHS custody and are placed into ORR facilities? Mr. Hastings. So sir, we have received an incredible amount, as I mentioned earlier, 66,400 UACs so far this year. We have done the best we can. I gave the numbers of how we have increased our medical capabilities across the border, and we do the best we can to get individuals who are sick basically out of our care and into secondary health care facilities whenever possible. So we are doing the best we can with the resources that we have, and we are not, to my knowledge, turning over sick kids. Mr. Stanton. The youngest baby I saw was 10 months old--10 months of age. Chief Hastings, what specific training do Border Patrol agents receive for separating a baby who might still be breastfeeding? Mr. Hastings. Sir, I don't know what the specific event is about. I would want some more details. But, I mean, again, the thing that we want to do--and you have heard the rest of the board give testimony as well--is get them out of Border Patrol custody, into the proper HHS facilities to deal with this incident. But I don't know any of the details. Mr. Stanton. Breastfeeding wasn't specific to one child. It involves all children of that age. And so I will follow up and ask more in writing and hopefully get answers from you about what training you are giving to Border Patrol agents as it relates to separating children who maybe still breastfeeding with their mothers. I yield back. Ms. Lofgren. The gentleman yields back. I note that although we have five minutes remaining, only 50 people have voted so far, so we will ask the gentlelady from--who is next?--from Pennsylvania--all right. Then we will go to the floor for votes and we will recess. We will reconvene promptly after votes. But since there is a 15-minute vote and two 5-minute votes, probably we won't get back until 1:40. So you can go downstairs, get a cup of coffee or a snack, and we will see you right after votes. Thank you. We are in recess. [Recessed.] Ms. Lofgren. We are checking to see if our friends on the other side of the aisle are back yet. But because we have a very tight schedule and the next person to ask a question is a member on our side of the aisle, I am going to turn to the gentlelady from Florida, Ms.--oh, she has yielded her time. Ms. Jackson Lee. Not her time, but her place. Ms. Lofgren. Not her time, but her place in line to the gentlelady from Texas, Ms. Jackson Lee, who will be recognized for 5 minutes. Ms. Jackson Lee. I am most grateful, first of all, to my colleague from Florida who yielded--because I know her passion--not her time, but her place in line. And I thank the chairwoman for her leadership, and I want the members of the witness panel to realize this is a bipartisan hearing of Judiciary. And I have eternal optimism, and I believe that we will find a resolution to getting it right. And the only thing that I ask, I am a lifer on the Homeland Security Committee. That means that I have been on the committee since 9/11, and I have engaged with CBP, Border Patrol, for all of those years, and I have been to the border in any number of presidential leadership, which includes President Clinton, President George W. Bush, and of course, President Obama. I have seen the surges. I have seen the increases in the numbers of children. I have seen unaccompanied children. My colleague from California and myself, I think, Congresswoman, if you remember, late at night we were at a bus, as we were seeing the numbers of unaccompanied children come down. I think it was about 2014 or so. And it was even earlier than that, and I believe that we began with her leadership to write the structure for HHS that was not in place before. We were hoping to do a good thing. So let me--and it was. But let me go to you, Director Hayes, and ask you what is the census that you now have of unaccompanied children that are basically detained in these facilities by way of--having them sent to you by way of ICE? Mr. Hayes. So I don't have the specific number sent to us from ICE, but I can tell you as of this morning, we have 9,984 children in our care at the shelters of HHS, ma'am. Ms. Jackson Lee. And do you know how many of those children have been there over 100 days? Mr. Hayes. I don't have that exact number, ma'am, but I will be happy to get that back to you. I will note that we have approximately 3,200 Category 4 children in our care right now, which means there are no---- Ms. Jackson Lee. I am sorry? Mr. Hayes. Category--approximately 3,200 as of last Friday that are Category 4, which means there is no identifiable sponsor at this time in the United States. But we will get you the answer on the 100-plus days as well, ma'am. Ms. Jackson Lee. And do you know how many of those are in the recent--say, January 2019, are they recently, recently unaccompanied? Have you brought together all of the family members of unaccompanied children? Mr. Hayes. Since--since---- Ms. Jackson Lee. Since January 2019. Mr. Hayes. I would say, no, that we have not. Again---- Ms. Jackson Lee. All right. So I would want a report on that. Let me go to this because I don't have time. This past Saturday, I went to the Casa Sunzal Southwest Key's program that has suffered enormous protests in my district. And we went with just myself and one staff with permission after being told for 2 weeks that you had to have a process. I take issue with that process, and I want to have a written document on what the process is for Members to visit. In the course of it, we saw a young man, and when we went in, we asked the young people how many wanted to speak to us. But we had a general conversation of, you know, we are supporting you, we wish you well, et cetera. We have a gentleman, Seli, 4 months in detention. We have another one 3 months in detention. And at the same time, we had two staff persons--Dino Federico, Jose Gonzalez--who were blocking--of your HHS, who were blocking a Member of Congress from talking to young people, not talking about legal matters, but talking about what their issues were and to say how long they have been there. What is your policy for disrespectful staff that was blocking the regular staff, the staff of the detention center, from engaging in positive conversation to help us move this process along? Mr. Hayes. Well, I will just say first off, Congresswoman, I would not want to hear of any of my staff being disrespectful. I am aware of your visit over the weekend, and I believe that my team would classify what happened at the shelter in a slightly different way than you would, ma'am, with all due respect. In regards to Members of Congress interacting with the children, we have never stopped that. I have escorted several Members of Congress and allowed them to interact with the children. But sitting down and having personal, you know, conversations with these children, we do not allow that. Ms. Jackson Lee. Well, I want a full report. I hear you gaveling, Mr. Chairman, but this is very important. I want a full report. I want a meeting, and I want you to hear the truth because your employees were atrocious, and I am saying it on the record. So whatever they might have characterized, I was interested in helping the children. You have 9,000 children there? Mr. Hayes. No, ma'am. Ms. Jackson Lee. Excuse me. You have 9,000 children in the system. Mr. Hayes. Yes, ma'am. Ms. Jackson Lee. You have little Roger that was taken away at 9 months old. You have children that you cannot identify any relative that was taken away under this administration. And as well, you have children that you cannot find one person to associate. You are backlogged, and you have children there that are longer there than 100 days. You are backlogged. So you need to look into your own glass house, and I expect to have you in my office to hear what processes you have in place, and so you can hear, rather than a written document, of individuals who were inappropriate because the staff people there finally, my final words, were perfectly okay. There was nothing untoward going on, including taking pictures with me. So your staff were out of order. And whatever they might have reported to you, you need to be in my office so we can understand each other. I yield back, Mr. Chairman. Chairman Nadler. The gentlelady yields back. The gentlelady from Florida is recognized. Ms. Mucarsel-Powell. Thank you, Mr. Chairman. Mr. Hayes, this is not the first time we meet. Mr. Hayes. No, ma'am. Good to see you again. Ms. Mucarsel-Powell. Good to see you. I want to talk to you about Homestead. Mr. Hayes. Yes, ma'am. Ms. Mucarsel-Powell. And the first quick point that I just want to ask you, it has been brought to my attention that the City of Homestead has sent multiple requests to your office particularly talking about the name of the facility, and they haven't received any responses. You can imagine what it is doing to this thriving community that I represent, that I am very proud to represent. Are you willing to please make a quick response to the City of Homestead officials? Mr. Hayes. Yes, ma'am. I will respond back to the mayor. Ms. Mucarsel-Powell. Thank you. So on May 29th, you gave me a tour of the Homestead detention facility, and you told me that you did not at that time have a hurricane plan. I have been continuously asking for a hurricane plan, and just 24 hours ago, right before the hearing, I was finally able to receive the hurricane plan. So I am grateful for that. Mr. Hayes. Yes, ma'am. And if I may, I believe we are going to be briefing you in person with my emergency management team in a couple of weeks down in your district. Ms. Mucarsel-Powell. I am going to be down on Saturday. Mr. Hayes. Okay. Ms. Mucarsel-Powell. So maybe someone can do that on Saturday. A month ago, you also told me the last time that I visited that there were over 2,700 kids at the facility. But according to your office, now nearly 1,400 kids have been moved out of Homestead just in the past 2 weeks. So I have a lot of questions. Mr. Hayes. Yes, ma'am. Ms. Mucarsel-Powell. And I don't know if you were able to see my letter that I sent to you on July 5th with over 50 questions to your office, which I have yet to receive a response from your office on that. And---- Mr. Hayes. We have seen it, ma'am, and we are working on those responses. Ms. Mucarsel-Powell. Yes, it has been over 3 weeks. And Mr. Chairman, I would like to ask for unanimous consent to introduce this letter for the record. Chairman Nadler. Without objection. [The information follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Ms. Mucarsel-Powell. So when I toured the facility, I met several kids there that had been separated from their families at the border. So the family separation policy that you say that is not happening anymore continues to happen. I know that for a fact because I spoke with some of the children. So my first question to you, Mr. Hayes. How were you able to move 1,400 kids in 2 weeks? Mr. Hayes. I think that is a great question, ma'am. We did it in two ways. Number one, the capacity at----I just want to clear one thing. The capacity at Homestead was never above 2,700. That was the max capacity we are able to take there, and we didn't quite get there. In regards to the number of children that we moved, that we did two things. I would specifically point to the fourth operational directive that I--that we have spoken about and you are aware of where, at this time, a recommendation put forward to me by the team, the field team at ORR, and then further considered input forwarded by the senior career staff of the Office of Refugee Resettlement, where we are at this time treating grandparents and adult siblings the same way we would in our background check process, as moms and dads---- Ms. Mucarsel-Powell. So let me interrupt you there. So---- Mr. Hayes. If I may finish, please, ma'am? And also the numbers have significantly dropped in referrals coming into-- into us as well. Ms. Mucarsel-Powell. That is not the story that I heard last time. That you were getting more referrals is what I heard about a month ago, that you were expecting 500 more kids to go to Homestead. So let me just ask you, how many of those kids were moved with family members? Out of the 1,400 kids, how many of them are with family members? Mr. Hayes. So the overwhelming majority of them are, ma'am. The number I know when we were down there last week with a CODEL, it was about 900 that we had moved. And about 80 to 90 of them had been transferred to other licensed permanent shelters because they were long-stayers or what we refer to as Category 4. Ms. Mucarsel-Powell. So can I get a list of that? I would like to---- Mr. Hayes. Sure. We can break that down by category, and we will go ahead and update it with the number 1,400, ma'am. Ms. Mucarsel-Powell. So why are you still holding close to 900 kids at the detention facility? Mr. Hayes. At the Homestead influx shelter right now, we are working to bring that census down just as quickly and safely as we can. One of the things that we have done, again, we have not designated any children to Homestead since July 3rd, and we have not designated any children to our other influx shelter, Carrizo Springs, since July 17th. I have got approximately 800 to 900 permanent beds that are set up for teenagers as of a couple of days ago. And if I were to move all of those children immediately into those other permanent beds, that would put me in a situation where I would have---- Ms. Mucarsel-Powell. I don't that much time, Director Hayes. I want to move very quickly on a couple of points. Mr. Hayes. Okay. Ms. Mucarsel-Powell. The kids that are turning 18, are you still sending them to ICE in shackles on the day of their birthday? Mr. Hayes. We are not sending any children to ICE. As we have talked about numerous times, ma'am, when the child turns 18, our statutory authority over that child ends, and they refer back to the custody of DHS. Ms. Mucarsel-Powell. But they have been referred to ICE in shackles. Correct? Mr. Hayes. They are not referred to ICE. They are required to go back to ICE because they are no longer children at that time. Ms. Mucarsel-Powell. In shackles on their 18th birthday? Mr. Hayes. I would defer to my colleagues at ICE to how they process children that age out. Ms. Mucarsel-Powell. And very quickly, the private for- profit company, Caliburn---- Mr. Hayes. Yes, ma'am. Ms. Mucarsel-Powell [continuing]. Which John Kelly is the person that--one of the architects of the family separation policy is now on the board of Caliburn. How did they get a $340 million non-bid contract, especially when you just said that you were running out of resources. And this was early May before we passed the supplemental bill--$340 million no-bid contract to Caliburn, when John Kelly, who started the family separation policy, is on the board of this company. Explain that to me, please. Mr. Hayes. So my response to that would be, ma'am, that the company, Comprehensive Health Services, and that original contract was chosen back in December of 2015, long before Jim Kelly was involved in the administration, and it is an operation and a program that we have maintained into this one. Ms. Mucarsel-Powell. How long is that contract for? Mr. Hayes. It expires November 30th of this year, ma'am. Ms. Mucarsel-Powell. Well, are you willing to commit today that you are right now in the process of closing down the detention facility that is located at Homestead? Mr. Hayes. I will not commit that we will close it down, but you do have my commitment that we are working at this very moment to reduce the census down to zero just as quickly, but as safely as we can. But again, in order to meet the child welfare mission that we have at ORR, I want to be able to take kids as quickly as possible from the Border Patrol stations. We want to put them in permanent beds, but if we don't have permanent beds---- Ms. Mucarsel-Powell. Well, look, I have spoken with so many kids, many of them that have been there for months. And I know that you have been now recently, because of my oversight, reduced the length of time that the kids have been in Homestead. Thank goodness that we have brought awareness to this issue. If not, we would see 3,000 kids in Homestead that are there without being reunified with family members. I know that most of them have family members in this country. Thank you. And I really do expect answers to my 51 questions. Mr. Hayes. Yes, ma'am. Chairman Nadler. The time of the gentlelady has expired. The gentlelady from Pennsylvania. Ms. Dean. Thank you, Mr. Chairman. I want to clarify the record, and to follow up on what my good colleague was just asking you about, I was at Homestead on July the 2nd. We were in your command center, where you rather proudly--or the folks there rather proudly showed us a screen of the last 14 days before a child ages out of Homestead. It was a bar chart, and it showed on the very day we were there, one child was aging out. And we asked what happens to that child? They said we have been in touch with ICE the entire time. ICE will pick that child up today. We said it has been reported that they leave in shackles. Is that so? The commander of that center, the private commander, the director of the center for Caliburn said that is so. So I will want an answer how many children have been sent out of Homestead over the course of this administration, over the course of your care there, where they are being housed for $775 a day per head, and then they get the birthday gift of being taken out in shackles. So I hope you will provide that exact number to this committee. Mr. Hayes. How many have aged out? Yes, ma'am. Ms. Dean. How many have aged out. And as I said---- Mr. Hayes. Going back to the history of the program. Ms. Dean [continuing]. We got clarity. They go out in shackles. Happy 18th birthday from this administration. I wanted to see if anybody could help me get the scope of this problem, the numbers. How many children have been separated since the time Donald Trump was sworn in until this day? So pre-zero tolerance, post? What is the census? Does anybody here have that number? Mr. White. Ma'am, I can--I think I am best positioned to give you the---- Ms. Dean. Thank you. Mr. White [continuing]. State of that answer. Ms. Dean. Thank you, Commander. Mr. White. So to do that, you have to look at three distinct periods of time. The first is children who were separated by DHS, referred to ORR, and had already been discharged to a family member or otherwise discharged before the court order. We don't know how many of them there are. We are in the process of finding that out. As we have gone---- Ms. Dean. The fact there were some separated before zero tolerance was enacted. Is that correct? Mr. White. It is absolutely the case that there were significant separations prior to the announcement of zero tolerance. We in ORR observed an increase far above the historic norm starting in July of 2017. Ms. Dean. I hope you will forgive me. Can you give me round numbers, just total numbers, a census? Because I do want to talk about conditions I observed in Texas when I visited there on the 1st of July. Mr. White. So here is what we can tell you. During what we call the legacy class period, we know that number, as we reported to the court, is 2,814. We don't yet know, but we are in the process of finding out and have a court deadline of October 25th, to answer how many were referred after July 1, 2017, and discharged before the court's order. The number we have--and we provide that on a rolling basis to the ACLU. As of last night, that number was, and I think I gave it earlier, I believe 981. Ms. Dean. Okay. Mr. White. Then there are the children who were separated and referred after June 26th, and Director Hayes provided that number earlier. So the best answer to your question is nobody knows yet. Ms. Dean. Nobody knows. Mr. White. But it is what we have identified in the legacy class, and the expansion class thus far is over 3,700 children. Ms. Dean. Okay. Do you have an exact census on how many children were separated by this administration, Mr. Hastings or Chief? And then I need to move on to something else. Mr. Hastings. Ma'am, as I said earlier---- Ms. Dean. Yes or no, do you have a number? Mr. Hastings. I don't have an exact number. Ms. Dean. Okay, thank you. Let me move on. I wish I had more time because I did have the sad privilege of visiting Texas, El Paso Border Station No. 1 and also Clint. Clint is an insanity. We saw only 25 children there. Two and a half months earlier, that facility, which was meant for 100 men, topped 700 children. We spotted three showers and seven porta-potties. I wonder what it looked like with 700 children. But let me to go to El Paso Border Station No. 1, where I got this, a Jiffy Pop blanket from 1 of 15 women held in a cell. We asked when did you come into this cell? They said today, this morning. We said how long have you been here? Fifty-six days. Where had you been? In temporary housing, not inside. Fifty-six days. They were brought in because Congress was coming in. Six Congress Members stood in their--I counted the cinder blocks--10 cinder blocks by 13 cinder block cell, which had a low partition and a stainless steel toilet with no seat for 15 women. We ran the sink. The sink did not work. The women said, oh, yeah, we were told to drink out of the toilet. That water is clean enough. Two of the women cried because they had been separated from their adult daughters. Three of the women were sick, two with epilepsy. They were weeping. They were told to drink out of the toilet. The Border Patrol agents were there with us. They said oh, no, no, that is not the case. What happened to those 15 women who were brought in only that morning? And by the way, they were in sleeping bags inside. We said when did you get the sleeping bags. They said 4 days ago, and the guard said, yes, they were donated by the Forestry Service. For 52 days, that is the comfort they had. No cots, no sleeping bags, no personal affects. Cracked lips from exposure. That is the way we are handling it. Is that acceptable to you, Chief? Mr. Hastings. Ma'am, we are doing the best. As I have described earlier---- Ms. Dean. Is that acceptable to you? Mr. Hastings. Ma'am, as I said earlier, we are doing the best we can with this crisis. Ms. Dean. Telling women to drink out of a stainless steel toilet? Mr. Hastings. Ma'am, there was an open--that door was unlocked, and there was an Igloo cooler right in front of that door full of fresh water, and they had access to that water. It is not acceptable to tell someone to do that, and I don't---- Ms. Dean. What actions were taken following our visit? Mr. Hastings. There are open investigations into the incidents into Clint. There are various---- Ms. Dean. Specifically, how were these women's conditions changed? I am not asking about the investigations. How did these women's lives change in the custody in the detention of the United States of America? Mr. Hastings. I can't speak to each one of these women, but as I said earlier, we have invested the supplemental funding into even more space and to give better services and better medical contracts. Ms. Dean. Here is the problem. We also visited Clint, and in Clint, we saw behind glass--you wouldn't let us anywhere near them--six children, little children. We smiled at them. I literally held up a piece of paper where I wrote, ``We heart you. We love you.'' Do you know what Border Patrol said to me? ``What are you doing? You don't have any right to do that.'' I showed them the note, ``We heart you.'' I said we are just trying to communicate that somebody on the outside cares about them. We are Members of Congress trying to help you. The children slipped a note under the door to us. We got yelled at because the Border Patrol was worried we were slipping notes. We weren't. The children slipped us a note. I said please translate that. What does it say? In beautiful printing, the children wrote, ``How can we help you, Members of Congress?'' Imagine that. The children retained their humanity as the guards on the outside because of the pressures of this administration, the inhumanity and the incompetence of this administration, their humanity is being drained out while the children retain theirs. That is my worry. Chairman Nadler. The time of the gentlelady has expired. The gentlelady from Texas. Ms. Escobar. Chairman, thank you so much. And I want to first say thank you very much for having this hearing. It was shocking to hear the ranking member lament the fact that we are having another hearing on child separation. I would like to bring to everyone's attention a recent article, and I want to just read from it and then ask for unanimous consent to enter it into the record. ``Approximately one-third of children held in shelters operated by the Office of Refugee Resettlement, or more than 4,000 kids, have been designated Category 4, meaning they have no identifiable sponsor in the U.S., CBS News reports. This doesn't necessarily mean that the Government hasn't tried to find their sponsors, usually relatives or family friends living in the U.S., it just hasn't been able to. It also means that these children will be held indefinitely until or unless a sponsor comes forward.'' So I would like to ask unanimous consent---- Chairman Nadler. Without objection. [The information follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Ms. Escobar. Chief, I asked you earlier, I brought up the issue when I was granted extra time earlier about family separation that happens when a grandmother is separated from a grandchild or an aunt from a niece or nephew. So we know that families are being separated that way. I also want to ask you about a different type of separation that we are seeing in El Paso, and this has been brought to our attention by immigration lawyers, where there is a family that arrives at the port--a father, a mother, and two children. We are now seeing the father and one child returned to Mexico via MPP, and the mother and another child allowed to stay in Mexico who are not MPP'd. Why would Border Patrol separate a family this way? Mr. Hastings. Ma'am, I am not sure of the incident that you are talking to, and I would say if this was a port of entry, which it sounds like they presented at a port of entry, I couldn't speak to that. That would be the Office of Field Operations. Ms. Escobar. Well, I think it is Border Patrol. So it may not be--I may have that wrong. But it is Border Patrol, and it is not one instance. It has actually been a number of instances that have brought to our attention. Are you aware of a policy that allows for that? Mr. Hastings. That allows for separation to different areas? I am sorry. Ms. Escobar. Yes, and that--we have a family unit that enters together. I don't know if it is between ports or at ports. Don't know the entry point. Happy to get you more information. But we have more than one case brought to our attention by lawyers, where a father and a child is MPP'd, sent into Ciudad Juarez to await the asylum hearing, but the mother and the child are allowed to remain in the U.S. Do you know of a policy that allows for such family separation? Mr. Hastings. I don't know of a policy, but I would want to take a look at what you are describing to have all the details, if possible. And I would be happy to take a look and get back to you. Ms. Escobar. And to the attorney on our panel, can you think of any reason to do this? Mr. Edlow. In terms of separation of the family, again, I would have to defer to the Department of Homeland Security. The Department does not have operational control over separation. Ms. Escobar. Would there be any reason to have such a policy in the El Paso sector, to separate families this way? Anybody? No, I agree. There is no valid reason to separate families in this way. Chief, how do you all track the innumerable number of families that are separated this way and in other ways? Especially as Representative Lofgren mentioned earlier, nonverbal kids, how do you track them? Mr. Hastings. So as I said earlier, we track them carefully. But I should explain one thing that I didn't earlier. Every individual that is taken into our custody, this isn't just we make the instant decision. We roll the prints. We enter the biometrics. We check all of the systems of record that we have. In some cases, we have agreements with other parties outside of the U.S. We check those systems as well. And so before any action is taken, we do due process to make sure that we have the records of the individuals that we have arrested, a good understanding of what the records, what they may have done, criminal activity or otherwise, prior to making any decisions. After the decision is made, there is a criminal record or the individual---- Ms. Escobar. But I am not asking about what leads up to it, and my time is running out. How do you track children once they have been separated? Mr. Hastings. So we pass the information on to ORR and work with HHS. Ms. Escobar. And every single child is now tracked, every single one? Mr. Hastings. We track them, yes. Ms. Escobar. Okay. One final question because my time is just about up. Has anyone ever been held accountable for botched family separations? Anybody. Mr. Hastings. To my knowledge, no. But I don't know of a botched family separation. Ms. Escobar. That is what I thought. Thank you. Thank you, Chairman. I yield back. Chairman Nadler. The gentlelady yields back. The gentleman from California. But before the gentleman from California goes, I must stress my astonishment. You don't know of a single botched family separation? Your press has reported hundreds of kids who cannot be identified. Those are botched. The gentleman from California. Mr. Lieu. Thank you, Mr. Chair. And to the witnesses, thank you for being here today. I would like to start off asking about the case of Sophie, who was a 3-year-old. She crossed the border last year with her grandmother. They went to a legal point of entry in Texas, and this was after the President had purportedly already ended the family separation policy. Her grandmother carried guardianship documents. This is according to a PBS article. Her grandmother also had Sophie's birth certificate and her asylum request. Nevertheless, she was separated. Sophie's mother was here in the U.S. legally. For days, they had no idea where she was. Eventually, they tracked her down in Pennsylvania. I am going to show you on a video what happened on Day 47. So if we could play the video? [Video playing.] Mr. Lieu. Chief Hastings, Sophie is not a criminal or a national security threat to the United States as a 3-year-old. Correct? Mr. Hastings. I don't know the background in this case, sir. Mr. Lieu. Do you know any 3-year-olds that are criminal or national security threats to the United States? Mr. Hastings. No, I don't. Mr. Lieu. Okay. Sophie's grandmother was not a national security or criminal threat to the United States. Correct? Mr. Hastings. I don't know--again, I don't know the background of what her grandmother or relatives were. Mr. Lieu. So I want to ask your agency questions. If you would agree, could you provide us information about this specific case? Mr. Hastings. We will certainly provide information if you--I don't have the details on this case. Mr. Lieu. All right. Thank you. So according to the PBS article, it took 47 days to reunite Sophie, and eventually, the mother was allowed to call Sophie one time a week. And eventually, on the phone, the mother noticed that Sophie started to change, that she seemed to want to hang up quickly, and her mother was worried that Sophie had given up on seeing her family again. So I want to show you now a second video about what happens with family separations. Can we play that video as well? [Video playing.] Mr. Lieu. Earlier at the hearing, Congresswoman Lucy McBath talked about the American Academy of Pediatrics statement opposing separation of children and parents at the border. She asked Chief Hastings about it. He was not familiar with that, nor the research. So I am going to ask Commander White about this statement. The AAP says that separating children from their parents contradicts everything we stand for as pediatricians, protecting and promoting children's health. In fact, highly stressful experiences like family separation can cause irreparable harm, disrupting a child's brain architecture and affecting his or her short-term and long-term health. This type of prolonged exposure to serious stress, known as toxic stress, can carry lifelong consequences for children. Are you familiar with that statement? Mr. White. I am familiar with that statement. I agree with it. It reflects accepted scientific fact. The images you have shown are consistent with what we would expect to see in children in that age group who have experienced family separation and speak to the potential harms that separation inflicts on children. Mr. Lieu. Thank you very much. I am going to ask whatever administration official has this information if you could provide it to us. Recently, it was reported that an 18-year-old U.S. citizen was detained by border officials, Francisco Erwin Galicia. During the 23 days he was in the custody of the U.S. Customs and Border Patrol, he was not allowed to shower. He also said he lost 26 pounds during his time in detention. He also said he slept on the floor, sometimes with aluminum foil blankets. Some had to sleep in the bathroom area. If we could get information of why this U.S. citizen was detained, that would be helpful. Mr. Hastings. Yes, sir, and I can give you some preliminary. The individual came through the Falfurrias checkpoint, and upon--he came through with other illegal aliens. The individual claimed to be a Mexican national who was born in Reynosa, Mexico.\6\ --------------------------------------------------------------------------- \6\ Mr. Hastings requested this be changed to, ``My understanding is, the individual claimed . . .'' --------------------------------------------------------------------------- Throughout the process and while he was with Border Patrol, he claimed to be a national, a citizen of Mexico, with no immigration documents to be in or remain in the U.S. Upon further investigation, we also found that he had a border crossing card, and that border crossing card he had used 53 times to cross the border into the U.S., which further--gives us further indication that he was not a U.S. citizen. At no time in Border Patrol custody did he say that he was a U.S. citizen. Mr. Lieu. Thank you. And if we could get additional information from the agency, that would be great. Mr. Hastings. Yes, sir. Mr. Lieu. Appreciate it. I yield back. Chairman Nadler. I yield to Ms. Dean for a unanimous consent request. Ms. Dean. I seek unanimous consent to enter upon the record articles that were presented by Mary Gay Scanlon, representative, my colleague from Pennsylvania, without objection. Chairman Nadler. Without objection. [The information follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Chairman Nadler. And Chief Hastings, let me ask you one question before we adjourn the hearing--oh, Mr. Swalwell? Mr. Swalwell. Yes. Chairman Nadler. You are recognized. Mr. Swalwell. Thank you, Chairman. And following up, Chief, on Mr. Lieu's questioning, isn't it true, though, that Mr. Galicia's mother showed CBP Mr. Galicia's birth certificate? Mr. Hastings. To my knowledge, that was not CBP. I believe that was ICE, and ICE made the final decision. So I wouldn't want to say what took place after he was in ICE custody. I am just speaking to what happened while he was in CBP, Border Patrol custody. Mr. Swalwell. So what is CBP doing, now that we know that this is something that could occur, to reduce the likelihood that CBP would detain a U.S. citizen? Mr. Hastings. As I said before, that individual claimed that he was a Mexican national, and we did run the proper-- through all our systems and saw that he had crossed by a border crossing card, which gives indication that he was, indeed, a Mexican national. Mr. Swalwell. Thank you, Chief. Ms. Shaw, has your office ever received information or looked at the extent to which ICE and CBP mistakenly could detain a U.S. citizen? Ms. Shaw. I don't have information about specific cases, but I do know that we have learned anecdotally that it has happened. I don't believe that we have prior work in this area, and I can confirm we don't currently have ongoing work. Mr. Swalwell. Chief Hastings, I want to go back to something Mr. Johnson talked to you about earlier, which is the Facebook group. And first, I want to say, you know, I am the son of a police officer. I worked as a prosecutor. My brothers today work in Alameda County as police officers, and I have great respect for the sworn men and women at CBP. But I have also been troubled by what I have seen at the border, at detention facilities, a lack of access that Members of Congress have been given when we have tried to present at facilities. But I was really troubled by the Facebook group, just because I think it undermines the good work that the overwhelming majority of CBP officers are trying to do on a day-to-day basis. Just as many times you see people in the immigration debate, they will take the crimes that immigrants commit, and they will try and project that on the whole immigrant community and say that every immigrant is going to commit a crime. We know that is certainly not the case. But when a Facebook group like this exists, it makes it really hard for us to have confidence that CBP officials are able to carry out their duties with fairness and with compassion for the people that they are charged with taking care of and keeping in custody. So when do you expect a review to be completed, to follow up on Mr. Johnson's question. Mr. Hastings. So as I said, we have taken quick action with the cease and desist letters, quick action with the administrative duties that we have prescribed in the most egregious cases. And we have also, as I said, OPR and OIG are leading the charge on finishing, completing those investigations quickly, and we anticipate they will be done quickly. Mr. Swalwell. And Chief, I believe that there is so many additional--first, I just want to back up and say it is my belief that families should not be separated, that there are families in the United States who are related to many of these individuals and that is the best place for them to go. But while this administration's policy is in place, I recognize that it is straining the resources you have, and I have met with your officials. I have been on tours with them. Do you believe that in addition to making sure that there are beds and food and shelter for the people that you are detaining, that your own officers may need trauma counseling or additional resources for trauma counseling to prevent what we are seeing on these Facebook pages? Mr. Hastings. We do offer employee assistance. It is completely voluntary. It is completely available to all agents without management knowing, and that is one of the many things we offer to our agents. Mr. Swalwell. Have you seen an increase, though, in those taking you up on those services over the last few years as the number of people in CBP custody has increased? Mr. Hastings. The EAP services I spoke to are confidential. So I don't see the reports of how many agents are taking advantage of that--that program. Mr. Swalwell. And again, I believe that this is almost primarily a mess of the President's making. We expect, though, that CBP officials would conduct themselves, you know, professionally and with compassion. But I can just imagine with the conditions that I have seen, not only the toll it is taking on the immigrants who are being detained, the children who are being separated, but also the CBP officers who live and see this every day. And I would hope that we can find a way, Mr. Chairman, to see if there has been an increase in those seeking counseling because, again, everyone involved in this mess this President has made I think is going to have to live with the long-term effects. And I would yield back. Chairman Nadler. The gentleman yields back. The gentlelady from Pennsylvania--from Texas. Ms. Garcia. Mr. Chairman, I just wanted to submit for the record, ask unanimous consent that three articles related to first one about a 16-year-old child's death, another one about the conditions that demonstrate that the conditions were not in the best interests of the children, and also one on ICE opening three new detention centers, all for the record. Chairman Nadler. Without objection. [The information follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Ms. Garcia. Thank you. Chairman Nadler. This concludes today's hearing. We thank all of our witnesses for participating. Without objection, all Members will have 5 legislative days to submit additional written questions for the witnesses or additional materials for the record. And with that, without objection, the hearing is adjourned. [Whereupon, at 2:49 p.m., the committee was adjourned.] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] [all]