**Testimony of Congressman Brian P. Bilbray**

**House Committee on Homeland Security**

**Subcommittee on Border, Maritime, and Global Counterterrorism**

**Hearing on "The Border Security Challenge: Recent Developments and
Legislative Proposals."\
May 22, 2008**

Chairwoman Sanchez, Ranking Member Souder, members of the subcommittee,
thank you for allowing me to participate in today's hearing regarding
"The Border Security Challenge: Recent Developments and Legislative
Proposals." I am honored to sit at this table and testify with my
distinguished colleagues. All the members at this table are truly
committed to this issue and I am proud to have worked with each of them
on their varying legislation and be a cosponsor of legislation authored
by each of them.

As you may know, I grew up in a border community---just a few blocks
away from the intersection of the US/Mexico border and the Pacific
Ocean. My comments today are based on many years of watching our
changing immigration policy from the perspective of: a local kid growing
up along the border, the former mayor of Imperial Beach, the former
Chairman of the Board of County Supervisors in San Diego County, and as
the Chairman of the Immigration Reform Caucus. I also speak today as the
son of a legal immigrant. My mother was a war bride, emigrating from
Australia following World War II. She followed the legal process,
applying for a visa and then waited to receive permission to come to the
United States.

Since the beginning of this Congress, the membership of the Immigration
Reform Caucus has increased by more than 20 percent to 112 Members. The
IRC is a bipartisan organization with more and more Members from both
parties joining each month. I believe the growth of our Caucus in the
110^th^ Congress reflects the concern of the American people in regards
to border insecurity and the problem of illegal immigration. During a
time when our borders are being used as gateways for terrorists, drug
cartels and human smuggling -- we need to send a loud and clear message
that illegal immigration will not be tolerated. Border Security is a key
priority and an integral part of our national security.

**Legislative Proposals**

*Representative Reyes's bill, H.R. 5662, Putting Our Resources Towards
Security (PORTS) Act*

Representative Reyes's bill, H.R. 5662, the Putting Our Resources
Towards Security (PORTS) Act seeks to improve resources by increasing
funding for Customs and Border Protection (CBP) and the General Services
Administration (GSA) to upgrade technology and infrastructure and
increase staffing at CBP. Whenever there is a discussion about
increasing security along our nation's borders, we tend to hear
arguments against various proposals because many fear the slowing of
commerce. I strongly feel we can secure our borders and not slow
commerce which is vitally important to our economy. We must also
remember the high cost of not fully securing our border-both human and
economic.

In the San Diego region, we have four ports of entry (San Ysidro,
Calexico, Tecate and Otay Mesa), but my testimony will focus primarily
on San Ysidro. The San Ysidro port of entry, located between San Diego,
California and Tijuana, Baja California, Mexico, is known as the world's
busiest land port of entry (LPOE).  This LPOE supports 24 northbound
vehicle lanes in the United States and six southbound lanes into
Mexico.  Each day this land port serves up to 50,000 northbound vehicles
and 25,000 northbound pedestrians. In the 2006 U.S. fiscal year, more
than 23 million vehicles and 53 million people entered the United States
at the San Ysidro port of entry. In addition, CBP officers made more
than 1,350 criminal arrests and seized more than 124,000 pounds of
narcotics resulting in 499 criminal prosecutions. These dedicated
officers also handled 57,000 illegal alien apprehensions.

The Department of Homeland Security is planning a major expansion of the
San Ysidro port of entry to accommodate the growing number of travelers.
Construction is slated to begin this summer on the \$577 million project
which will increase the number of lanes in both directions and realign
southbound lanes. The project will include infrastructure and building
improvements, as well as state-of-the-art primary and secondary
inspection areas. The number of vehicles crossing the border is expected
to increase by up to 70 percent by 2030, according to a San Diego
Association of Governments (SANDAG) study. San Diego County loses nearly
\$1.3 billion in potential revenue each year from people who don\'t
cross the border because of bottlenecks, another SANDAG study found.

Congressman Reyes's bill would provide for 5,000 additional CBP officers
at all ports of entry (sea, land and air), allowing for an increase in
total officers by approximately 30 percent over five years.  This
increase would ensure all ports of entry are fully staffed. The
legislation would also add 350 additional support personnel and 1,200
agriculture specialists at CBP, which would help ensure officers will
not be pulled away from inspection duties to perform specialized or
administrative work. In addition, it would authorize \$5 billion over
five years for the GSA to address infrastructure deficiencies at our
land ports of entry. I am proud to have worked with Representative Reyes
and to be a cosponsor of this legislation.

*Representative Brown-Waite's bill, H.R. 3531, Accountability in
Enforcing Immigration Laws Act*

Representative Brown-Waite's bill, H.R. 3531, the Accountability in
Enforcing Immigration Laws Act of 2007, seeks to crack down on the
growing trend of sanctuary cities providing illegal immigrants with a
safe harbor from penalty or arrest.  There is no generally accepted
official description of what it takes these days to be labeled a
\"sanctuary city,\" and no federal agency awards the distinction. Two
decades ago, the term \"sanctuary city\" was embraced by communities
that gave shelter to victims of political violence. Many police
departments have policies which forbid officers from asking the
immigration status of defendants charged with misdemeanors. Many police
chiefs say the policy encourages illegal immigrants to report crimes
without fear of retribution.

I understand not asking victims their status so crimes are reported and
witnesses come forward, but those in criminal custody should be asked
their status and have that confirmed by federal law enforcement
authorities (ICE). Many cities like New York City and Houston resist
being labeled a sanctuary city, but they are either via formal policy
(ex. NYC's Executive Order 124) or de facto. I would consider any city
that has anything on the books (or unwritten policies) that arbitrarily
restricts local law enforcement discretion to get information or share
information with federal law enforcement authorities to be a sanctuary
jurisdiction/city. For example: Joe D. Public has been convicted of
three alcohol-related offenses, but police do not or cannot check his
immigration status.

Many cities are facing a lot of public outrage on the sanctuary policy
issue. Many crime victims have brought forward lawsuits against cities
that have various sanctuary polices. Any city that does not check status
and simply release criminal illegal aliens back into the population are
putting themselves and taxpayer dollars at risk. After the murders in
Newark, NJ, the NJ Attorney General Anne Milgram ordered all local
police officers in New Jersey to inquire about the immigration status of
suspects charged with serious crimes, and to notify federal immigration
authorities if there is reason to believe the suspect is in the country
illegally. The requirements, which went into effect immediately, apply
to suspects arrested for specific indictable offenses and for driving
while intoxicated. If the suspect is unable to prove he or she is
legally in the United States, the police officer is required to notify
ICE. The policy also specifies that prosecutors and courts be notified.
Local officers cannot inquire about the immigration status of crime
victims, witnesses to crimes or persons requesting police assistance.

Congresswoman Brown-Waite's bill takes many steps to curb illegal
immigration. It clarifies that state law enforcement has the inherent
authority to investigate, identify, apprehend, arrest, detain, and
transfer to federal authorities any illegal immigrant apprehended in the
course of routine duties. Importantly, the bill revokes 25% of
non-emergency Homeland Security funding from cities within 6 months of
becoming a sanctuary city, and gives the Secretary authority to revoke a
total of 50% at his discretion. It would authorize the State Criminal
Alien Assistance Program (SCAAP) at \$1 billion per year and require ICE
to take illegals into custody or pay state and local governments the per
diem rate to detain the alien until he or she is removed. In an effort
to assist states with the burden of illegal immigrants, the bill
authorizes a bonus program for state and local law enforcement agencies
for assistance in enforcing immigration laws under the 287 (g) program.
I am proud to have worked with Representative Brown-Waite and to be an
original cosponsor of this legislation.

*Representative Giffords\'s bill, H.R. 5552, Border Security
Accountability Act*

Representative Giffords\'s bill, H.R. 5552, the Border Security
Accountability Act would help ensure proper use of taxpayer dollars and
help us identify what Congress needs to do to stop the flow of illegal
immigration and secure our borders. Nearly \$32 billion dollars were
appropriated for the Department of Homeland Security (DHS) in Fiscal
Year 2008.  An additional \$1.8 billion were appropriated as emergency
supplemental funds specifically for border security. 

To ensure that our taxpayer dollars are being used effectively, we must
ensure transparency and accountability within DHS.  The Border Security
Accountability Act would institute a regular 90 day reporting
requirement on DHS.  Currently, DHS is required under law to issue
various reports to various committees. I think this legislation is
important as it will be a comprehensive document from which Congress can
gain much knowledge to base legislative decisions on. I am proud to have
worked with Representative Giffords and to be a co-author of this
legislation.

*Representative Shuler\'s bill, HR 4088, Secure America Through
Verification and Enforcement (SAVE) Act*

Representative Shuler\'s bill, HR 4088, the Secure America Through
Verification and Enforcement (SAVE) Act is the piece of legislation the
American people have been begging for. For too long, the federal
government has let the American people down on the issues of border
security and illegal immigration.

A blind eye has been turned as millions of people have illegally entered
the country and gained employment. Our porous borders are also a severe
threat to our national security. Partisan bickering in Washington has
not solved these problems; it has only made them worse. We believe that
the time has now come for Congress to put aside its attempts for
partisan gain, and start doing what is right for our nation.

Without question, addressing illegal immigration is a difficult task. In
fact, one Democratic Party leader has labeled immigration the new third
rail of American politics, an issue we touch at our own peril. However,
as elected leaders we should not ignore this critical issue simply
because it is politically difficult.

The American people expect action on the issue of illegal immigration.
Last year, the Senate wrote and debated comprehensive immigration reform
legislation. Primarily, the Senate bill failed because it would have
granted amnesty providing a pathway to citizenship for millions of
illegal aliens. Additionally, the Senate\'s bill was negotiated behind
closed doors. When the public learned of this backroom deal, the outcry
was overwhelming --- Americans inundated the phone lines of their
representatives and filled newspaper opinion pages. Ultimately, the bill
was defeated, and rightfully so.

Since the Senate\'s bill collapsed, the House has failed to take up any
meaningful legislation to address illegal immigration. That is why we
joined together to craft the SAVE Act, which provides a three-pronged
approach to curb illegal immigration: enhanced border security,
employment verification and dramatically increased enforcement of our
nation\'s existing laws.

However, what\'s not included in this bill --- amnesty --- has given it
widespread appeal. While we are a nation of immigrants, we are also a
nation of laws. We should not reward those who come to our country
illegally and punish those who abide by the law.

Why could this bill succeed where others have failed? It already has
extraordinary bipartisan support. To date, 49 Democrats and 103
Republicans have cosponsored the SAVE Act. It also has the support of a
cross-section of organizations like the 9/11 Families for a Secure
America, the National Federation of Independent Business, the National
Association of Police Organizations, the International Brotherhood of
Electrical Workers, agriculture organizations and many others.

Among the SAVE Act\'s highlights: It will ensure that our borders are
secured and our laws are enforced. Our bill calls for 8,000 new border
patrol agents over the next four years, and provides incentives to
recruit and retain them. The SAVE Act also provides for the acquirement
of advanced technologies along the border, including aerial surveillance
systems and infrared technology. Additionally, 1,200 new Immigration and
Customs Enforcement agents would be hired to strengthen interior
enforcement and provide specialized training and support to local law
enforcement officers.

This legislation also calls for 13 more federal judges to hear cases
against those who are arrested along the border, including drug
traffickers and so-called coyotes, who are paid to transport illegal
aliens across the border.

Finally, to eliminate the primary cause of illegal immigration ---
illegal employment --- the SAVE Act expands the E-Verify program to
provide all employers with the tools they need to ensure that their
employees are here legally. The Citizenship and Immigration Services
(CIS) program known as E-Verify, formerly known as Basic Pilot and
originally authored by my colleague, Representative Ken Calvert, gives
employers the ability to check the eligibility status of potential
employees and reduces unlawful employment.

E-Verify is a quick, easy and free Web-based system that
cross-references Social Security numbers, and other pertinent
information, to ensure that a worker is legally entitled to be employed
in the United States. A total of 13 States have passed legislation
mandating the use of E-Verify and 14 States have legislation pending. To
date, more than 64,000 employers participate, with over 1,000 new
employers signing up every week. CIS is currently working to reduce an
already low (3%) mismatch rate to increase the program's effectiveness.
The SAVE Act gradually phases it in for all employers over four years,
allowing businesses time to adapt. Making E-Verify mandatory will
protect American workers and law-abiding businesses from the unfair
competition created by a massive illegal workforce.

The use of E-Verify also means that individual employers are no longer
expected to be document experts. The liability of determining the legal
status of an employee is placed on the government, not the business
owner. Since employers will be required to check all potential
employees, racial profiling will not be an issue. Additionally, in the
rare case where the system makes an error the employer is held harmless.

We believe passage and implementation of the SAVE Act will send a clear
message to the American people --- and to the rest of the world --- that
we are serious about securing our borders and preventing illegal
immigration.

This bill represents the best and perhaps only chance we have at passing
immigration reform this year. The leadership of both parties must now
put aside political motivations and move this bill forward. We look
forward to bringing the SAVE Act before Congress for a full debate.

**Recent Developments**

Due to the inaction of Congress to secure the border and stop the flow
of illegal immigration, many states and local governments have stepped
up and are addressing the problem on their own. I have been following
with special interest the cases of Oklahoma and Arizona, but will focus
my testimony on Arizona with its estimated more than a quarter-million
undocumented workers and the businesses that employ them.

Arizona Governor Janet Napolitano in July 2007 signed sweeping
legislation against employers of illegal workers, targeting the state\'s
market for illegal labor with what she called \"the most aggressive
action in the country.\" I salute Governor Napolitano and Arizona's
legislators for taking the bold step to do what is right despite
Congress's failure to do the same. The penalty for violators is the
suspension of a business license on the first violation and permanent
revocation for repeat offenders. The Arizona Chamber of Commerce issued
a statement calling it \"a crippling blow to Arizona business.\"

According to Gannett News Service: "...Arizona mandated that all
businesses use E-Verify starting January 1, 2008 and fewer problems have
been reported than originally feared, said Ann Seiden, spokeswoman for
the Arizona Chamber of Commerce, which opposed the measure in the
legislature last year. Companies haven't left the state in reaction to
E-Verify, she said, and employers haven't reported major problems with
the database. Anecdotally, we haven't heard as much backlash as we
originally thought," Seiden said."

Make no mistake about it- the employers of illegals are the source of
illegal immigration. You just cannot continue to import massive amounts
on under-educated, under-trained people who are desperate for work,
employment and services. You just cannot sustain it, so now we have got
to wean off of this. It will be hard, but it is something we must do for
the sake of our nation. You have got to separate those employers who
accidentally hire illegals from those who are purposefully doing it.

In conclusion, I would just like to remind all Members of Congress that
in San Diego and Southern California and in many border regions, the
impact of illegal immigration is in a word- massive. Localities across
the country from Hazelton, Pennsylvania to Escondido, California, in my
district, have been attempting to deal with the problems of illegal
immigration on their own due to the paralysis of the Congress on this
issue. As much as I admire their efforts, securing our border and
granting legal access are the responsibilities of the U.S. government.
It is long past time for this Congress to act. Effective enforcement of
our current laws is vital to our ability to regain control of our
country's borders and our neighborhoods across the United States. I urge
the Committee to conduct vigorous oversight of the Administration's
efforts to enforce of our immigration laws and to take under
consideration thoughtful enforcement proposals to secure our nation.
Thank you again for inviting me to participate in today's hearing. I
look forward to your questions.