Senate Judiciary Committee Holds Hearing
On Department Of Homeland Security Oversight
WASHINGTON
(Wednesday, April 2, 2008) – The Senate Judiciary Committee today
held a hearing on
oversight of the Department of Homeland Security. Secretary
Chertoff fielded questions from Senators about backlogs in
naturalization applications at the U.S. Citizenship and Immigration
Services, the REAL ID Act, and immigration detention practices.
Secretary Chertoff last testified before the Senate Judiciary
Committee on Feb. 28, 2007. Earlier this year, the Committee held
hearings on oversight of the
Department of Justice and the
Federal Bureau of Investigation. Judiciary Committee Chairman
Patrick Leahy’s statement is below.
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Statement Of Sen. Patrick Leahy (D-Vt.),
Chairman, Senate Judiciary Committee,
Hearing On Oversight Of The Department Of Homeland Security
April 2, 2008
Opening Statement:
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Questions:
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The Judiciary Committee continues its important oversight
responsibilities today as we hear from Secretary Chertoff of the
Department of Homeland Security. I am confident Secretary Chertoff
will tell us about what he views as the Department’s successes. As
I noted recently with respect to the publication of rules governing
passport and entry requirements, the Department’s record does not
instill great confidence in how it has handled the Western
Hemisphere Travel Initiative, the REAL ID Act, naturalization
backlogs, the resettlement of Iraqi refugees and asylum seekers or
the shameful, continuing aftermath from Katrina.
Recently, President Bush used the fifth anniversary of the
Department to speak about spreading freedom and liberty around the
world. Accordingly, in order to protect the freedom and liberties
of Americans, we must adhere to the rule of law and honor America’s
commitment to basic human rights. The first Secretary of the
Department, Thomas Ridge, has acknowledged that waterboarding is
torture. This administration will not even share with this
oversight Committee its legal justifications for waterboarding and
other practices that we would condemn if visited upon an American
anywhere in the world. Under this administration, we have sadly
gone from the world’s human rights leader to being lectured on human
rights by the Pakistani and Chinese governments.
Sixty-six people have died since 2004 while in the Department’s
custody, some for lack of medical care or from outright neglect.
There is no clearer indication that we have failed to adhere to the
standards we would demand of others, and that we should demand of
ourselves. Imagine the outrage if an American citizen were held in
immigration detention in another country and died for lack of basic
medical care. When it takes a lawsuit to improve substandard
detention conditions for children and families at an immigration
detention facility in Texas, the United States Government is failing
its basic commitments to human rights and the rule of law.
I recognize that the Immigration and Customs Enforcement branch has
worked with non-governmental organizations to make improvements in
family detention standards and detention standards for asylum
seekers who are fleeing to America to escape persecution in other
parts of the world. But as the Department increased its enforcement
activities, I would have expected it to have planned better.
We have also seen how this administration has failed to live up to
its promises to resettle Iraqis who have helped the United States in
their home country. This problem is compounded by the Department’s
inability to use the authority Congress has given it to address the
terrible effects of the material support bar and related, overly
broad definitions of ‘terrorist organization’. The recent case of
Saman Kareem Ahmad, now a language instructor for the U.S. Marines
who has received commendations from General Petraeus for his service
in Iraq, exemplifies these problems. Granted a special visa to come
to the United States, Mr. Ahmad’s green card application was denied
by DHS, which said that the pro-American, anti-Saddam group the
Kurdistan Democratic Party, with which Mr. Ahmad served, was a
terrorist organization. How many more cases like Mr. Ahmad’s will
the media have to highlight before DHS acts swiftly to address this
problem?
Mr. Secretary, here at home, you are well aware of my concerns about
the Department’s implementation of the Western Hemisphere Travel
Initiative. The Department must now make good use of the time
Congress has given to make sure that implementation goes smoothly,
and to minimize disruption in Americans’ lives and in our
relationships with our good neighbors to the north and south. I
also share the view of many on both sides of the aisle and across
the country about the so-called REAL ID Act and its unfunded
mandates for States. I agree that there are benefits to be gained by
encouraging the States to make improvements in the identification
they issue—everyone wants that. But I share the view that far
greater cooperation would have been gained by partnering
with the States, rather
than imposing a costly Federal mandate. Bullying the States is not
the answer, nor threatening their citizens’ right to travel. From
Maine to Montana, States have said no.
A Republican Congress rejected efforts toward comprehensive
immigration reform and adopted its so-called Secure Fence Act. My
recollection is that their bill entrusted you with power to “take
all actions” you determine necessary and appropriate to achieve and
maintain operational control over our borders. The Department’s
virtual fence pilot program, which was apparently designed without
adequate consultation with the Border Patrol, does not work. Your
Department has begun condemning the property of private citizens in
Texas and Arizona who would prefer that you not construct a border
wall on their property. And just yesterday, you announced that the
Department has waived all environmental laws in areas across 470
miles of border lands. I wonder whether today you will speak out
for sensible enforcement policies or defend the billions in taxpayer
dollars being wasted in this mean-spirited, costly effort. The
border fence and related actions scar not only our landscape but our
legacy as a nation of immigrants.
Another example of lack of foresight has resulted in the backlogs at
the Citizenship and Immigration Services branch. Having told
Congress that higher fees would bring faster and better services,
you now preside over citizenship application backlogs that could and
should have been anticipated. These are applications from legal
permanent residents and people who have followed the rules but who
are being prejudiced by incompetent government planning. While I
appreciate the recent efforts of Director Gonzalez and his
hardworking staff, what I will be looking for today is your
commitment, as the person in charge, to aggressively deal with this
issue. What commitment will you make to this Committee, the Senate
and the American people? Can you assure those who applied for U.S.
citizenship before March 31, 2008 that their applications will be
fully processed in time to register for the upcoming elections?
The American people want security. But they also want a Federal
government that works, and which respects principles of Federalism,
and the basic human rights and civil liberties that we all hold
dear.
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