Senate Judiciary Committee Holds Oversight Hearing
With Department of Homeland Security Secretary Napolitano
WASHINGTON (Wednesday, May 6, 2009) – The Senate
Judiciary Committee Wednesday held its first Department of Homeland
Security oversight hearing of the 111th Congress. The
hearing marked the first appearance by Secretary Janet Napolitano before
the Committee.
Testimony, member statements, and video are
available online. Below is the full text of Chairman Patrick
Leahy’s prepared statement.
Leahy Questions Secretary Napolitano
On H2A Visas And I-91 Border Checkpoint
Statement Of Chairman Patrick Leahy
(D-Vt.),
Senate Judiciary Committee,
Oversight Of The Department Of Homeland
Security
May 6, 2009
I thank Secretary Napolitano for appearing here
today while managing so many responsibilities, not the least of which is
a public health emergency. I commend her competent leadership
during the current flu pandemic. The Obama administration’s
immediate actions and preparations stand in stark contrast to those of
its predecessor following Hurricane Katrina. I appreciate the
administration’s efforts to keep the American public informed and
reassured, and their efforts to convey common-sense ways we can all
minimize the spread of this flu.
I also commend her early attention to our interests
in working closely with Mexico in its struggle against drug trafficking,
and against the violent cartels and gangs that pose serious threats to
the people, communities, and Government of Mexico. Mexico is our
neighbor, and finding appropriate ways to help it prevail against these
lawless influences is in the interests of both of our countries.
The Merida Initiative is a first step, but we need a comprehensive
strategy that addresses the underlying causes that have enabled
drug-related violence in Mexico and Central America to flourish.
Just last week, Secretary Napolitano issued new
guidelines for the Immigration and Customs Enforcement agency’s approach
to conducting immigration worksite enforcement in order to combat the
systematic unlawful exploitation of foreign workers that serve to harm
them and to undercut American workers. The penalty for such
lawbreaking and exploitation must be meaningful, and more than another
cost of doing business.
I am also pleased that the Secretary is taking the
issue of immigration detention very seriously, and that she is carefully
reviewing past practices and procedures. In light of historically
high rates of detention for asylum seekers and other non-criminal
aliens, I hope the Department is giving careful consideration to the
increased use of alternatives to detention, such as supervised release
for those who pose no risk of harm to society. In my view, the
United States should not be in the business of incarcerating children
who have violated no laws. Alternatives to unnecessary
incarcerations will save taxpayer dollars, and are far more appropriate
for many who are currently in detention.
In addition, I think we can all agree that we need
to ensure that foreigners are not dying while in custody. This is
a blot on American principles, and has no place in American justice.
I saw the ceremony last week at which Secretary
Napolitano and President Obama welcomed members of our armed services to
American citizenship. Immigrants who risk all to defend this Nation
deserve expedited citizenship consideration. Nor was this the
first time Secretary Napolitano administered the oath to our soldiers.
When she did so to a soldier at Walter Reed Army hospital last month,
she recognized his service and honored his work to protect all
Americans.
The new direction that the Department is taking can
also be seen in the Secretary’s willingness to take a fresh look at the
REAL ID Act. Many states and many Americans believe that in its
current form it is an onerous Federal mandate, and amounts to a national
ID card in the guise of a driver’s license. I joined Senator Akaka
and others in supporting legislation last Congress to replace the rigid
requirements of the current law with a negotiated rulemaking process
that treated the states as equal partners in our efforts to improve
identification security. I look forward to hearing the Secretary’s
views on this, and how legislation currently being discussed in the
Senate might be a significant improvement. I agree with Secretary
Napolitano that “there has got to be a better way than REAL ID.”
I expect that the Department of Homeland Security
will support the EB-5 Regional Center program. This program has
resulted in billions of dollars in foreign investment and the creation
of thousands of American jobs in communities across the country. I
have long believed in the potential of this program. I encourage
the Department to embrace it as a component of our economic recovery and
to support it in such a way that makes the process as secure and as
efficient as possible for American entrepreneurs and foreign investors.
This is a program Congress should have made permanent before now.
Having the Department’s active engagement and support in this effort
will be a tremendous help.
I continue to have concerns about the effects of
unnecessary barriers to asylum seekers and refugees in need of our
protection. Senator Kyl and I provided authority during the
previous administration so that the Secretaries of State and Homeland
Security could alleviate injustices through the provision of waivers.
Little was subsequently done and some asylum seekers continue to sit in
immigration detention despite meritorious claims. It may be the
time to consider legislative changes to this law so that no one
victimized by violence and repression, or who stood with the United
States in opposition to an oppressive foreign government is blithely
branded a ‘terrorist’ and denied our protection. As I have said
before, the effect of these laws is contrary to our values as a Nation
that respects human rights.
President Obama spoke again last week about the
need for comprehensive immigration reform. We need to pursue that
important goal together.
With that introduction, I welcome Secretary
Napolitano to her first appearance before the Senate Judiciary
Committee.
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