DEPARTMENT OF HOMELAND SECURITY 

APPROPRIATIONS FOR 2010 

HEARINGS 

BEFORE A 

SUBCOMMITTEE OF THE 

COMMITTEE ON APPROPRIATIONS 

HOUSE OF REPRESENTATIVES 

ONE HUNDRED ELEVENTH CONGRESS 

FIRST SESSION 

SUBCOMMITTEE ON HOMELAND SECURITY 

DAVID E. PRICE, North Carolina Chairman 

JOSE ́ E. SERRANO, New York 

CIRO RODRIGUEZ, Texas 

C.A. ‘‘DUTCH’’ RUPPERSBERGER, Maryland 

ALAN B. MOLLOHAN, West Virginia 

NITA M. LOWEY, New York 

LUCILLE ROYBAL-ALLARD, California 

SAM FARR, California 

STEVEN R. ROTHMAN, New Jersey 

HAROLD ROGERS, Kentucky 

JOHN R. CARTER, Texas 

JOHN ABNEY CULBERSON, Texas 

MARK STEVEN KIRK, Illinois 

KEN CALVERT, California 

NOTE: Under Committee Rules, Mr. Obey, as Chairman of the Full Committee, and Mr. Lewis, as Ranking 

Minority Member of the Full Committee, are authorized to sit as Members of all Subcommittees. 

STEPHANIE GUPTA, JEFF ASHFORD, KARYN KENDALL, 

JIM HOLM, WILL PAINTER, and MICHAEL BIRSIC, 

Staff Assistants 

PART 5 

DEPARTMENT OF HOMELAND SECURITY 

Confronting the Cartel: Addressing U.S.-Mexico 

Border Security 

( 

Printed for the use of the Committee on Appropriations 

U.S. GOVERNMENT PRINTING OFFICE 

55–704 WASHINGTON : 2010 


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COMMITTEE ON APPROPRIATIONS 

DAVID R. OBEY, Wisconsin, Chairman 

NORMAN D. DICKS, Washington 

ALAN B. MOLLOHAN, West Virginia 

MARCY KAPTUR, Ohio 

PETER J. VISCLOSKY, Indiana 

NITA M. LOWEY, New York 

JOSE ́ E. SERRANO, New York 

ROSA L. DELAURO, Connecticut 

JAMES P. MORAN, Virginia 

JOHN W. OLVER, Massachusetts 

ED PASTOR, Arizona 

DAVID E. PRICE, North Carolina 

CHET EDWARDS, Texas 

PATRICK J. KENNEDY, Rhode Island 

MAURICE D. HINCHEY, New York 

LUCILLE ROYBAL-ALLARD, California 

SAM FARR, California 

JESSE L. JACKSON, JR., Illinois 

CAROLYN C. KILPATRICK, Michigan 

ALLEN BOYD, Florida 

CHAKA FATTAH, Pennsylvania 

STEVEN R. ROTHMAN, New Jersey 

SANFORD D. BISHOP, JR., Georgia 

MARION BERRY, Arkansas 

BARBARA LEE, California 

ADAM SCHIFF, California 

MICHAEL HONDA, California 

BETTY MCCOLLUM, Minnesota 

STEVE ISRAEL, New York 

TIM RYAN, Ohio 

C.A. ‘‘DUTCH’’ RUPPERSBERGER, Maryland 

BEN CHANDLER, Kentucky 

DEBBIE WASSERMAN SCHULTZ, Florida 

CIRO RODRIGUEZ, Texas 

LINCOLN DAVIS, Tennessee 

JOHN T. SALAZAR, Colorado 

——— ——— 

JERRY LEWIS, California 

C. W. BILL YOUNG, Florida 

HAROLD ROGERS, Kentucky 

FRANK R. WOLF, Virginia 

JACK KINGSTON, Georgia 

RODNEY P. FRELINGHUYSEN, New 

Jersey 

TODD TIAHRT, Kansas 

ZACH WAMP, Tennessee 

TOM LATHAM, Iowa 

ROBERT B. ADERHOLT, Alabama 

JO ANN EMERSON, Missouri 

KAY GRANGER, Texas 

MICHAEL K. SIMPSON, Idaho 

JOHN ABNEY CULBERSON, Texas 

MARK STEVEN KIRK, Illinois 

ANDER CRENSHAW, Florida 

DENNIS R. REHBERG, Montana 

JOHN R. CARTER, Texas 

RODNEY ALEXANDER, Louisiana 

KEN CALVERT, California 

JO BONNER, Alabama 

STEVEN C. LATOURETTE, Ohio 

TOM COLE, Oklahoma 

BEVERLY PHETO, Clerk and Staff Director 

(II)


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DEPARTMENT OF HOMELAND SECURITY 

APPROPRIATIONS FOR 2010 

THURSDAY, NOVEMBER 19, 2009. 

CONFRONTING THE CARTEL: ADDRESSING THE U.S.- 

MEXICO BORDER SECURITY 

WITNESSES 

MARIKO SILVER, DEPUTY ASSISTANT SECRETARY FOR INTERNATIONAL POLICY, DEPARTMENT OF HOMELAND SECURITY 

JAYSON AHERN, ACTING COMMISSIONER, U.S. CUSTOMS AND BORDER 

PROTECTION 

JOHN MORTON, ASSISTANT SECRETARY FOR U.S. IMMIGRATION AND 

CUSTOMS ENFORCEMENT 

OPENING STATEMENT OF CHAIRMAN DAVID PRICE

Mr. PRICE. Good afternoon. In March, this subcommittee examined the rise of violent Mexican drug cartels and other organized 

criminal groups and their impact on communities along the U.S.- 

Mexican border. Addressing this threat is one of the top priorities 

of the Obama administration and of this subcommittee. So today 

we will revisit this topic to determine how far that effort has progressed and where it must go from here. 

Last week, our subcommittee staff visited Mexico City and the 

Texas and Arizona border regions to take stock of the administration’s progress implementing its Southwest Border Initiative. The 

initiative’s goals include securing the U.S.-Mexican border, working 

with Mexican law enforcement and military personnel to combat 

cross-border smuggling of illegal drugs, weapons and money, and 

reducing the violence associated with this criminal activity. To 

date, progress can be cited, but the overall results are mixed. 

Field and media reports indicate that violence and crime related 

to the cartels remain intense. Just last Friday, 15 people were murdered in the border city of Juarez, including a university professor 

and a 7-year-old child. The Mexican police and military personnel 

in the border regions are subject to constant attack and pressure 

from the cartels. 

The demoralizing impact of cartel violence touches all of Mexico. 

And while the Mexican Government has worked strenuously to 

combat it, security in Mexico’s problem areas has not improved as 

rapidly as had been hoped. President Calderon has deployed the 

military to keep the peace in states and cities along the border. 

However, the Mexican military is not a police force and has been 

criticized for a lack of coordination and a lack of capacity to carry 

out typical law enforcement activities. 


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Through the State Department-led Merida Initiative, our government is assisting Mexican officials to strengthen border security 

and build more robust law enforcement institutions. Customs and 

Border Protection, CBP, has enhanced outbound operations and inspections along the southwest border. Immigration and Customs 

Enforcement, ICE, is leading several interagency and intergovernmental initiatives, such as the Border Enforcement Security Task 

Force, or BEST, and it is also updating interagency agreements 

with the DEA and ATF to strengthen its investigations of narcotics 

and weapons smuggling. And both CBP and ICE are working with 

State and local governments along the border to disrupt and dismantle smuggling networks. 

Today, our witnesses will update us on these efforts. We welcome 

Mariko Silver, Deputy Assistant Secretary for Policy at the Department of Homeland Security, in her first appearance before this subcommittee. Ms. Silver, we are interested in the Department’s relationships with its Mexican counterparts and your assessment of the 

progress being made by the Mexican Government. We are also interested in the DHS role implementing the multilateral Merida Initiative. 

We welcome back Jayson Ahern, Acting Commissioner of U.S. 

Customs and Border Protection. 

Another new witness before the subcommittee is John Morton, 

Assistant Secretary for U.S. Immigration and Customs Enforcement. 

We look forward to learning how CBP and ICE, through their 

international and investigatory efforts, are helping attack cartel 

networks and organizations, are providing the expertise and support to help identify potential border threats and interdict them 

when they arise, and are improving the security of international 

travel and trade between our two countries. 

The cartels’ criminal activity is not limited to the border; it permeates much of Mexico. Mexican crime syndicates have also established themselves in cities and communities throughout the United 

States, including major marijuana cultivation in Indian country, 

vast methamphetamine and cocaine distribution networks, such as 

the recently disrupted U.S. operations of the La Familia cartel, and 

the appearance of operatives from the Mexican Zeta gang along the 

northern border. 

Mexico still suffers the most from cartel violence, with more than 

6,000 deaths in 2008 directly resulting from criminal activity and 

the conflict between criminal organizations and the Mexican Government. At current rates, cartel-related murders in 2009 will likely exceed this record-setting 2008 level. The city of Juarez has one 

of the highest murder rates in the world, and over 133 deaths per 

100,000 inhabitants. And fatalities have increased by 131 percent 

just in the past year. 

On the U.S. side of the border, there recently have been several 

troubling incidents. In May, Border Patrol Agent Robert Rosas was 

ambushed and murdered while patroling along the border in the 

San Diego sector. In September, three vans loaded with 74 undocumented aliens tried to run through the San Ysidro Port of Entry, 

resulting in gunfire, injuries, and closing the Nation’s busiest port 

of entry for the first time since the Kennedy assassination. 


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There are also regular reports of violent kidnappings and gang 

warfare in the U.S. border region, all of which has likely ties to 

Mexican criminal enterprises. The city of Phoenix, for example, had 

366 kidnappings in 2008, 359 in 2007, the highest reported rate in 

the U.S., many of which can be tied to human smuggling operations. Today, we expect to hear how DHS is responding to these 

problems. 

There has also been positive news that we should not overlook. 

In August, the Mexican military made their largest seizure ever of 

a methamphetamine complex in Durango. In October, U.S. law enforcement arrested over 300 affiliates of the La Familia cartel. The 

Merida Initiative continues to mature. DHS and other Federal law 

enforcement agencies are enhancing their joint efforts with Mexico, 

including information sharing, joint targeting and investigations, 

better communications, and stronger operational coordination. 

The subcommittee has increased funding to expand DHS efforts 

on the southwest border and has supported the Department’s reallocation of resources to address these issues. The 2009 defense 

supplemental provided $100 million for additional CBP officers, inspection technology, and ICE enforcement efforts. The recently enacted 2010 Appropriations Act included $72 million for 144 new Border Patrol agents and 115 CBP officers, and 

$100 million for ICE operations along the southwest border. All of 

these funds show the subcommittee’s commitment to combat the 

cartels’ smuggling operations. 

So we look forward to hearing about the impact of these funding 

enhancements, the current status of U.S.-Mexican cooperation, and 

the prospects for ending cartel violence. 

We will insert your complete statements in the hearing record, 

so we ask you, please, to summarize your statements in a 5-minute 

oral presentation. 

We will begin with Deputy Assistant Secretary Silver, followed 

by Acting Commissioner Ahern, and then Assistant Secretary Morton. 

Let me first turn, though, to our distinguished Ranking Member, 

Mr. Rogers, for any comments he has. 

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OPENING STATEMENT OF RANKING MEMBER HAROLD ROGERS

Mr. ROGERS. Thank you, Mr. Chairman. And welcome to our 

guests. For Secretaries Silver and Morton, this marks your first appearance here, so we welcome you to this hearing. But for Commissioner Ahern, this hearing marks probably your last appearance 

before us. I, for one—and I think I speak for all of us here—want 

to note with appreciation your 33 years of service to your country. 

You have been here often, you have worked in this Department 

since its inception and on these issues long before then, and so we 

want to say thank you for your service. We have often relied upon 

you to explain the intricacies of CBP’s vast mission. We are truly 

grateful for your noteworthy achievements and your efforts to improve security while also promoting legitimate travel and trade. 

While you have been at the Department in that position, the 

budget of CBP has mushroomed, I think perhaps doubled or more 

during your tenure, so you have presided over dramatic changes in 

the way we provide security for the country. Thank you much for 

your service. 

As the Chairman noted, it was 7 months ago that this subcommittee convened a hearing on the Mexican drug war. Since that 

hearing in March, DHS and its law enforcement partners have endeavored to further disrupt the drug cartels as well as secure our 

borders. But in spite of notable efforts by our brave law enforcement and security professionals in the field, and the sustained 

courage of the Mexican Government, the cartels continue to operate 

with near impunity. The total number of drug-related murders in 

Mexico through October of this year was about 7,000. That surpasses last year’s total of 6,400 and is on pace to reach nearly 

9,000 murders by the end of the year. 

In Juarez, the Mexican border city just south of El Paso, the 

number of drug-related murders resulting from cartel infighting 

has passed 2,000 and is on pace to increase by almost 25 percent 

over last year. This increase in murder rate is in spite of the sustained presence of the Mexican military and the replacement of 

municipal police officers and Federal customs officials that failed 

confidence exams. 

As demonstrated by several law enforcement actions by our Justice Department this year, the cartels’ distribution networks touch 

nearly every city in the United States, and their methamphetamine 

operations now span the entire west coast of North America, infecting our northern border with Canada as well. And despite DHS’ 

outbound inspection efforts at our ports of entry and along our rail 

lines, the cartels continue to obtain weapons and revenue from 

multiple sources. They were even so bold as to not hesitate to kill 

one of our own Border Patrol’s finest back in July. 

If there is one thing I am certain of from my time as a State 

prosecutor and my years in Congress, it is that drugs pose a grave 

and unrelenting threat to the health, safety and security of the 

United States. Therefore, we must do all that we can to secure our 

border, thwart these cartels, and put a stop to their savage criminality and murderous ways. 

Now, as I said back in March, the escalation in violence and territorial infighting over smuggling routes suggests that efforts to 


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improve our border security, coupled with the noteworthy actions 

of Mexico’s leadership, have most certainly gotten the cartels’ attention. Unfortunately, this also means things might even get 

worse before they get better. So the challenge being presented to 

DHS by this drug war is clear. 

My question is whether or not we are up to the challenge. And 

when I pose this question, I am not wondering whether we have 

the proper resources in place to just disrupt this organized crime, 

I am wondering whether we have the tools and the will to actually 

break its back. Now, I realize that is a mighty tough chore, but I 

am quite certain it is a worthy fight. After all, counter smuggling 

is perhaps our Nation’s oldest Homeland Security mission, spanning back to the days of Alexander Hamilton and his recognition 

for the need to establish a customs service in what is now our 

Coast Guard. 

So today, I am not only interested in merely assessing our 

progress in taking this fight to the cartels, I am interested in learning about what more we can do in terms of resources and authority 

to combat and deter this clear and present threat to the United 

States and its citizens. I ask these questions in part because I have 

serious concerns over the administration’s direction on so-called 

‘‘immigration reform,’’ work site enforcement, DHS operational 

funding and the like, subjects not on the agenda here today, but 

certainly inescapably tied to our ability to secure our Nation, 

strengthen our border, and protect our people. We must get securing our border and stopping this drug menace right before we entertain new costly ideas or roll back our immigration laws. 

Thank you, Mr. Chairman. I look forward to today’s discussion. 

Mr. PRICE. Thank you. 

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Mr. PRICE. We do have votes that have been called, I think probably multiple votes; is that right? Two votes. We will return right 

after those. However, I think we do have time for Deputy Assistant 

Secretary Silver to give us the benefit of her oral remarks, and 

then we will take a break and be back for our other witnesses. 

Please, go ahead, Ms. Silver. 

STATEMENT OF MARIKO SILVER

Ms. SILVER. Chairman Price, Ranking Member Rogers, and distinguished members of the subcommittee, thank you for the opportunity to provide testimony concerning the Department of Homeland Security’s (DHS) ongoing work to secure the southwest border 

and our communities. And thank you for the support you have provided to the Department and its initiatives, including the Southwest Border Initiative. The Department values the support we receive from Congress and the strong relationships we have with this 

committee and your colleagues. 

Additionally, I would like to express the Department’s appreciation for the time the subcommittee staff recently took to visit the 

southwest border and Mexico to see our operations and partnerships firsthand. 

DHS is implementing a strategy that is designed to meet the 

threat posed by the drug trafficking organizations and other criminal organizations that threaten Mexico, our border and our communities. In this, we recognize that what happens in Mexico and along 

our shared border affects the entire United States. 

We are working with our partners here and in Mexico to cripple 

the ability of criminal organizations to operate across the border 

and in the U.S. interior. First, it is important to put our border 

challenges in context. The situation in Mexico is undeniably serious. Transnational drug trafficking organizations are fueling extraordinary violence in communities like Tijuana and Ciudad 

Juarez. Fundamentally, however, most of Mexico is not experiencing the type of violence we see portrayed in the media. 

The number of murders in Mexico is alarming, but I do want to 

note that this violence is, for the most part, criminal-on-criminal violence and is highly concentrated. 

We are also not seeing this type of violence on the U.S. side of 

the border, and we are not seeing violence spill over into U.S. communities. In fact, San Diego and El Paso, which are across the border from Tijuana and Ciudad Juarez, are among the safest cities 

in America. The lack of spillover violence is a testament to the 

strength of U.S. border communities and the daily dedication, hard 

work and vigilance of our law enforcement officers and prosecutors—Federal, State, local and tribal. Should there be spillover violence, however, we are prepared. DHS’ Southwest Border Violence 

Operations Plan will guide the interagency Federal response. 

Secretary Napolitano is deeply familiar with the challenges we 

face at the border, the connections between what happens at the 

border and what happens in our communities and the relationships 

between border issues and larger homeland security and national 

security concerns. This has resulted in a much more integrated and 

forward-leaning approach to border-related issues than we have 

seen in the past. As the Secretary has put it, we cannot segregate 


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the southwest border from the rest of our Nation. We have to recognize that what happens at the border affects what happens in 

Kansas City, for example, and what happens in Kansas City affects 

the border. 

Under her leadership, DHS is advancing a comprehensive, strategic approach to secure our border that includes addressing issues 

with a nexus to the border. To do this, we must, and do, work 

closely with our partners—interagency, State, local, tribal and foreign. These partners bring a wealth of expertise, knowledge, resources and legal authorities that complement our efforts. 

Secretary Napolitano has clearly said that we need to make sure 

that the southwest border is not set off by itself but is part and 

parcel of our national strategy. In this vein, I want to emphasize 

that we do have an unprecedented opportunity to collaborate and 

work with Mexico. President Felipe Calderon and his administration are engaged in a courageous fight against the drug cartels, 

and the United States and Mexico have reached an historic understanding of our shared responsibilities for managing the border, addressing transnational challenges, and fighting transnational 

crime. In fact, I just returned last night from Mexico City, where 

I met with leadership from across the Government of Mexico as 

part of the ongoing U.S. Government effort to ensure that our relationship is holistic and robust. 

We must continue to work with our partners in Mexico to build 

a resilient border that allows the secure flow of people and goods, 

keeping out drugs, weapons and cash that fuel the transnational 

criminal organizations. 

DHS is already working with Mexico in training Mexican Federal 

police and Customs officials, developing a Mexican border patrol capability, and expanding joint efforts to stem southbound smuggling 

of firearms and cash and joint efforts on investigations. This work 

is in our national interest, and we are committed to this fight. 

Chairman Price, Ranking Member Rogers, and other members of 

the committee, thank you again for the opportunity to testify today, 

and I would be glad to take any questions. 

Mr. PRICE. Thank you very much. 

Mr. Ahern, rather than have to interrupt your statement, we will 

adjourn briefly and return immediately after the second vote. 

[Recess.] 

Mr. PRICE. The subcommittee will reconvene. 

Mr. Ahern, we will turn to you for your oral statement. 

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STATEMENT OF JAYSON AHERN

Mr. AHERN. Chairman Price, Ranking Member Rogers and other 

members of the subcommittee, good afternoon. Thank you very 

much for the opportunity to update you on CBP’s efforts to secure 

our borders. I am very pleased to be here with my DHS colleagues 

to summarize some of the efforts we have been seeing since our 

last hearing in March of this year. 

Before I begin today, I would also like to thank this committee, 

and Congress as a whole, for your continued support of our mission. As was mentioned, certainly our budget has doubled in the 

last few years, and we are very thankful for that. Let me tell you 

what we have been able to do as a result of receiving those additional funds. 

Certainly, we have increased the size of the Border Patrol to 

20,130. Our frontline officer positions are now 21,240, and we have 

also been able to construct 640 miles of fence along the southwest 

border. I would submit that every investment in CBP helps to protect the country from a variety of threats. 

This fiscal year, we seized or assisted in the seizure of more than 

4 million pounds of narcotics. We have apprehended more than 

556,000 illegal aliens between our ports of entry. That is a decrease 

of 23 percent this fiscal year compared to last fiscal year. We have 

also encountered more than 224,000 individuals who are inadmissible at our ports of entry. 

Outbound operations. Since March of this year when Secretary 

Napolitano announced the Southwest Border Initiative, we have 

seized $23 million in outbound money going into Mexico. That is 

an increase of 239 percent for the same time last year. Our outbound operations were supported by $40 million included in the 

war supplemental, and certainly the reprogramming efforts we put 

forward, and we thank the Congress for its support on those. 

We also were able to invest that money in a deployment for 

large-scale imaging systems to increase the scanning of conveyances crossing our border. We assigned 13 different currency and 

firearms canine teams, as well as mobile response team special operations, and the assignment 100 additional Border Patrol agents 

to support our outbound operations at our ports of entry. 

For technology, we remain very committed to deploying surveillance capabilities to our personnel in the field. We are currently in 

the testing phase of our first deployment of SBInet called Tucson 

1, which will be covering 23 miles of the border in the Sasabe area 

of the border. Simultaneously, we are also planning for the second 

deployment known as Ajo-1, which will cover about 30 miles of the 

border near Ajo, Arizona. We will build from the lessons we are 

learning from Tucson-1 deployment. 

Just as a more specific update, Tucson-1 is now built, we have 

also conducted system qualification testing of some of the improved 

components that were incorporated, and we are now in the final acceptance testing phase which will be planned for December of this 

year. If successful, we will accept ownership of the system and turn 

it over to the Border Patrol for comprehensive operational testing, 

which will begin early next year. 


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The Ajo construction is imminent but is awaiting completion of 

environmental assessment activities. Our current plan shows that 

the construction will begin in early December, with completion by 

next spring. 

While we are waiting for the SBInet deployment, please know 

that we are continuing to augment our existing capabilities with 

other technology investments to provide a more immediate radar 

and camera coverage along our borders, such as mobile surveillance 

systems, ground sensors, remote video surveillance systems, and 

unmanned aerial systems. 

At our points of entry, another effort I think is very important 

is the enhanced security we are receiving from the implementation 

of the Western Hemisphere Travel Initiative. Since the implementation in June of this year, we have seen the documents’ compliance rate continue to remain very strong; it is now at 95 percent. 

During the last year, we have also had unprecedented cooperation with the Mexican law enforcement agencies. Much of our work 

is centered around helping Mexico build up their customer service 

and their capacity and sharing best practices between our two 

agencies. Our goal is to promote smart and effective security at the 

southwest border by increasing coordinated security efforts between our two organizations. 

Our increased enforcement efforts to mitigate southbound weapon and currency smuggling fully support the Government of Mexico’s counternarcotics efforts because illicit proceeds that are flowing 

back to Mexican drug trafficking organizations are crossing our 

common border. And the Mexican Government’s ability to confront 

its drug trafficking industry and its willingness to cooperate with 

U.S. Government efforts will directly affect our ability to secure our 

southwest border. 

As such, we have made some progress, but I must be very candid. Much more work remains to be done in this area, and we will 

continue to build upon these efforts and the success we have seen 

thus far. 

Challenges. Certainly we have realized our agents and officers 

are in an area where they receive a significant amount of violence 

and encounter criminals daily. In fiscal year 2009, we had more 

than 1,000 incidents of violence against our frontline officers and 

agents. As we continue to deploy more of our enforcement strategy 

and protocols at the border, the probability remains that the tougher enforcement will lead to additional attempts for individuals to 

try to smuggle drugs and people through our borders, and also the 

potential for increased violence against our frontline personnel. We 

need to be very prepared for that, and we are. 

In addition to the operational challenges we face, we also face 

some financial challenges as we go forward because of the current 

downturn in the economy. Certainly, as we have talked about with 

this committee before, Customs and Border Protection is fee-funded 

to a tune of more than $1 billion each year. And as we are evaluating the downturn of the economy for some of the fee-collecting 

environments, we will also be balancing that effect on the personnel who will be able to continue to invest through that resource. 


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In conclusion, thank you very much for the opportunity to testify 

here today, and I look forward to the opportunity to answer any 

questions. 

Mr. PRICE. Thank you, Mr. Ahern. 

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Mr. PRICE. Mr. Morton. 

STATEMENT OF JOHN MORTON

Mr. MORTON. Mr. Chairman, Ranking Member Rogers, and distinguished members of the subcommittee, thank you for welcoming 

me here today in this, my first appearance before the subcommittee. 

Many agencies play critical roles in the Nation’s response to the 

situation along the border. DHS, particularly ICE and our sister 

agency CBP, is at the forefront of this response. 

As you know, ICE is the largest investigative agency within DHS 

and the second largest investigative agency in the entire Federal 

Government, second only to the Federal Bureau of Investigation. 

Our investigative mandate is quite broad and has a particular emphasis on cross-border crime—namely, the smuggling of people, 

drugs, contraband, money and firearms. To this end, we have 1,750 

investigative personnel stationed along the southwest border alone 

and another 28 in Mexico. 

We are also the agency charged with arresting, detaining and removing aliens unlawfully in the United States, including criminals 

and gang members. To that end, we have approximately 2,500 detention and removal personnel along the southern border. Simply 

put, ICE is in a unique and important position with respect to law 

enforcement issues presented at our southwest border. 

Our work on the southwest border would not have been possible 

without the continuing support and resources provided through the 

fiscal year 2010 appropriations bill for southwest border activities. 

Border enforcement is a complex and expensive proposition, and I 

thank the subcommittee for the support in recent years. 

As the Chairman noted, ICE received $100 million in additional 

border funding in the fiscal year 2010 appropriations bill and $55 

million in supplemental funding. This money will allow us to expand some key initiatives and fund additional criminal investigations against the cartels responsible for violence directly on the 

Mexican side of the border. 

As Mr. Ahern just said, there is still much work to be done, and 

we will need to work closely with the committee in the coming 

years to get the work done well. About the time of our last testimony here in March, we announced the launch of the Southwest 

Border Initiative. Since then, we have seen measurable success as 

a result of our strengthened commitment to the issue. 

Let me just summarize a few of the successes that are outlined 

in great detail in my written statement. 

First, since March, we have seen large increases in seizures of 

weapons and drugs by ICE’s border offices, compared to the same 

period the year before. 

Second, we are seizing more money, the life blood of illegal activity. And, of course, we are making more criminal arrests. For example, San Diego has seen a 24 percent increase; Phoenix, a 15 

percent increase. 

Many of these successes could not have been achieved without 

the excellent work of our Federal, State, local, tribal and foreign 

law enforcement partners. Through these partnerships, we have 


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succeeded in targeting, investigating and dismantling criminal operations at the border. 

Just a handful of these programs to note: the Border Enforcement Security Task Forces that I think we will discuss in greater 

detail shortly; Operation Armas Cruzadas, in which we collaborate 

with the Mexican Government to focus on arms trafficking; Operation Firewall, where we work with CBP to stem the flow of cash 

across the border; and the Illegal Drug Project, which is a brand 

new pilot that we have entered into with CBP, the Justice Department and the Mexican Office of the Attorney General to prosecute 

narcotic smuggling offenses that arise in Nogales (but for which 

there is also jurisdiction in Mexico to actually work with our Mexican counterparts to prosecute them in Mexico). 

As the committee knows, I have also taken direct steps to improve ICE’s working relationships with both ATF and DEA. Both 

agencies are critical to good border enforcement, and I am personally committed to seeing our relationships improve. 

In addition to our domestic efforts, we maintain a strong presence in Mexico. For instance, we have two specialized vetted units, 

and we are working on a third, focusing on firearms. A good example of our cross-border work is the recent seizure just 2 months ago 

of $41 million in currency that had been hidden in shipping containers in ports in Colombia and Mexico. ICE worked directly with 

our Mexican and Colombian partners, as well as CBP, to track the 

containers so that law enforcement could seize the cash. 

STATEMENT OF JOHN MORTON CONT. 

And just last week, we relayed information to Mexican authorities about a residence in Tijuana being used for drug trafficking, 

and the subsequent raid on that house by the Mexican military 

turned up $2.1 million and several firearms. 

As you can tell, we are beginning to see real benefits from our 

efforts, and I believe the success will continue. I assure you that 

ICE will continue to use its broad jurisdiction to crack down on the 

trafficking and the smuggling and violent activities surrounding 

the cartels. 

I just want to thank the committee again for the support it has 

provided over the years, its interest in ICE and the men and 

women who work for it. I want to thank both the Chairman and 

the Ranking Member for their leadership of this subcommittee, 

particularly the bipartisan nature of it. 

These are hard, challenging issues. And I appreciate the work 

that the subcommittee has put into it and the work of the staff and 

the recent trip that we just took. I don’t pretend to have all the 

answers, but it is good to see that kind of collaboration and serious 

thought in government. 

Thank you. 

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U.S.-MEXICO PARTNERSHIP TO COMBAT CARTELS

Mr. PRICE. I thank you, Mr. Morton, for those supportive words, 

and also for your statement. 

We are ready to begin questions. I will turn first to you, Ms. Silver, given your direct responsibilities for the Mexico relationship. 

We know the Government of Mexico is focusing more than ever 

on fighting the cartels. The current level of cooperation and coordination between the Mexican and U.S. Governments is probably unprecedented. There are several reasons for these changes: the courage and leadership of President Calderon; I think President 

Obama’s emphasis on the U.S. responsibilities in this fight, specifically the U.S. market for drugs, and the U.S. as a source of cartel 

guns and money; and, of course, the support our country has provided through the Merida Initiative also bears considerable responsibility. 

We do seem to face an historic opportunity, but also of course, 

monumental challenges; and I think also, concerns about how long 

this commitment will last and how institutionalized it has become 

or can become. Are we racing against the clock to establish a viable 

and sustainable international partnership to combat these cartel 

organizations? What are the remaining challenges to achieving that 

effective lasting system—a lasting system, not tied to single personalities—to disrupt cartels in Mexico and a sustainable operational partnership with Mexico? 

Ms. SILVER. Mr. Chairman, thank you for the question. 

You raise a very important point. We are in a moment of unprecedented cooperation. We have a huge opportunity to face this enormous challenge. Now is a key time—you asked for the timeline— 

now is a key moment in our cooperation. We have a real window 

here, and I hope that we can embrace it. That is part of the reason 

why the Secretary, the gentleman to my left and I have all spent 

a good deal of time working with our Government of Mexico counterparts—us traveling down there and them coming up here. 

In addition to that, you mentioned Merida, which, although managed by the Department of State, DHS is a robust participant in. 

We are working, through Merida, and various other mechanisms, 

on training. I think coming up with a comprehensive training strategy is a big piece of what we we need to do to institutionalize the 

work that we have already underway. 

SAFE EFFECTIVE DEPLOYMENT OF CBP AGENTS

Mr. PRICE. Thank you. I am sure we will elaborate further on the 

points you raised in the course of the hearing. But for now I want 

to turn to you, Commissioner Ahern, and just note that since our 

last hearing CBP has lost a Border Patrol agent to cartel gunmen. 

Your agency is encountering more desperate, more politically violent smuggling attempts. Agents are regularly attacked, occasionally injured by rocks and other projectiles, just in the course of a 

day’s work. They patrol the border with Mine Resistant Ambush 

Protected Vehicles, as well as other vehicles modified with protective shielding against bullets and explosives as well as projectiles. 

Of course CBP’s increased presence along the border makes it a 

bigger target for the smugglers, with over 17,000 agents on the 


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southwest border, over 630 miles of completed pedestrian and vehicle fencing, and additional officers and more robust outbound inspection and enforcement capability resources from our fiscal 2009 

supplemental appropriations and reprogramming. So all this is, of 

course, much more muscular, much more visible. 

Can you say with confidence that this more muscular profile is 

having a deterrent effect on the cartels? 

And then, just beyond that, your testimony identifies two elements to ensure that agents can be safe and effective in this hostile 

environment between the ports of entry, which surely applies to 

those ports as well. These elements were situational awareness for 

optimal deployment, and the capability to act in a lawful manner 

when and where required. So it does lead me to probe a bit on 

those two points. Does CBP have the situational awareness or the 

intelligence that it needs to deploy its agents and its officers most 

effectively? What kind of headway have we made in that regard? 

And could improvements be made in organization or tactics to reduce the burden of constant vigilance that your agents face? 

Mr. AHERN. Let me take the last part first. Certainly, there is 

more we can do to increase our vigilance. We constantly are striving to improve, and I think we owe that to this committee but also 

the American people that we serve. 

I had the unfortunate opportunity to attend Agent Rosa’s funeral 

and have a conversation with the family to ask these very questions. What more can we do to protect our frontline personnel? And 

certainly what we have been doing has been with the support of 

this committee. 

If you take a look at providing the tactical infrastructure that we 

now have in place, this actually diminishes the capability for some 

of the violent attacks where we have actually lost other agents due 

to run-overs, being run over by vehicles that could drive through 

our borders. That infrastructure is an improvement. Having the 

ability to give situational awareness is not just through intelligence 

or officer awareness or agent awareness, it is also the ability to 

take a look and perceive what is coming at us through the deployment of more than 40 mobile surveillance systems and the deployment of the tower capabilities to be able to see what is coming at 

us and to be able to make a determination to classify whether that 

is a threat or not. That gives situational awareness to our personnel, which is critical as we go forward. 

So we need to continue to move forward, not just wait for the full 

SBInet package but also to deploy the remote video surveillance 

systems, the mobile surveillance systems, other capabilities, sensors, and our unmanned aerial vehicles (UAVs) overhead to fly and 

see what actually is coming at our forces. Then to be able to deploy 

Blackhawks to the areas with support teams to help the individuals on the ground. Those are some of the things we need to be 

continuing to grow that capacity as we go forward. 

Mr. PRICE. Thank you. 

Mr. Rogers. 

SPILLOVER VIOLENCE

Mr. ROGERS. Thank you, Mr. Chairman. 


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Ms. Silver, I was interested in your statement to the effect that 

we have not seen spillover violence in the U.S. I want to know your 

feelings about this, because the Department of Justice’s Project 

Coronado in late October arrested 1,200 people associated with the 

Mexican drug trade across 19 States in the U.S. That followed a 

similar large operation in February where we saw 755 cartel members across the U.S. arrested, taking hostages in places like Atlanta and Birmingham and most any city in the U.S. What do you 

say about that? 

Ms. SILVER. Thank you for the question. 

With regard to spillover violence, it is important that we look at 

the whole life cycle of the drug trade, that we look at the networks, 

that we look at the relationship, as I said, between what happens 

at the border and what happens in Mexico and what happens in 

the interior. Spillover violence is a specific definition that we use 

in an operational context. We need to have these fine-grained differences in definition in order to be able to apply the right responses to specific threats. 

I would add also, as I mentioned in my testimony, that San 

Diego and El Paso and some of our border communities are among 

the safest cities in America. Now, this doesn’t mean that there 

aren’t challenges and that there isn’t criminal activity, but it does 

mean that our border communities are incredibly robust, and the 

work that we are doing on the border is worth noting in terms of 

stemming the violence and preventing any violence from actually 

spilling over. 

Mr. ROGERS. Well, there were staff down there last week in conversations with law enforcement and State Department officials on 

the border and in Mexico. It was clear that the cartels are still 

moving their narcotics, operating with near impunity across that 

border and moving those drugs along the supply routes to most 

major U.S. cities, and consequently to the countryside. And whether you’re talking about spillover violence immediately on the border 

or in Birmingham, it is still spillover violence and it is not being 

controlled. 

And according to the conversations last week, the cartels are operating with near impunity in that respect. So how can you say 

that there is no spillover violence? 

Ms. SILVER. As I mentioned, spillover violence is a specific definition that we use in an operational context. 

But to your point about the fact that the networks are within the 

interior and that we do need to look at enforcement actions and investigative actions, not just at the border itself, but also in the interior, absolutely. 

LACK OF TRUST WITH MEXICO STILL EXISTS

Mr. ROGERS. Do you know what the expression in Spanish 

‘‘oplata o ploma’’ means? 

Ms. SILVER. Yes, sir. 

Mr. ROGERS. Tell us. 

Ms. SILVER. It means silver or lead. 

Mr. ROGERS. Silver or lead. What does that mean, in context? 

Ms. SILVER. I assume you weren’t just looking for a literal translation. Essentially it is a phrase that people use related to how the 


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cartels function. And it implies that you either pay or you are 

killed. 

Mr. ROGERS. You must choose between a bribe or assassination, 

silver or lead, right? And that is the code words throughout Mexico, 

certainly even in Cancun, the supposed haven or sanctuary that 

the cartels in the past have sort of steered clear of because they 

didn’t want to bother or impede the tourism trade that brings lots 

of money into Mexico. 

And yet there, with the assistance, apparently, of the chief of police, we saw the absolute tortured murder of Brigadier General 

Enrique Tello, high-ranking counterdrug official, in early February. 

I am told that his wrists, elbows and knees were all broken before 

he was murdered. 

Is the effort in Mexico by the Calderon administration and our 

Merida Initiative having an effect or not? 

Ms. SILVER. Well, there is no question that the violence in many 

parts of Mexico—although not throughout Mexico but in many specific parts of Mexico—is extreme. The story you just related is one 

example of that. 

We are working on an ongoing basis, as Assistant Secretary Morton mentioned, on vetted units. Part of the conversation that I was 

able to have when I was down in Mexico just yesterday and the 

day before was related to what is called ‘‘Control de confianza,’’ 

which is Internal Affairs-related issues and thinking beyond just 

vetted units, but across them. How do we institutionalize the trust 

that we need in order to be successful? 

Mr. PRICE. Thank you. 

Mr. Rodriguez. 

TRANSPORTING ILLEGAL IMMIGRANTS THROUGH TEXAS

Mr. RODRIGUEZ. Thank you very much for being here. And I 

want to thank you, Mr. Chairman, for holding this hearing on this 

issue and for conducting it as quickly as possible. 

Let me quickly just ask you a question regarding the Border Patrol project that is taking individuals from Arizona through Texas 

and Presidio. You notified us in September— I want to thank you 

for that—and I know you notified the first responders. The only 

complaints we have gotten is that the local officials weren’t notified. 

But my understanding—and you let me know if I am not correct—that the efforts that are taking place is you are taking the 

illegals that are being caught or the aliens that are being caught 

in Arizona, and you are transporting them through Presidio to 

Ojinaga. And then my understanding is that the Mexican Government, or us, in conjunction with us, are providing bus tickets to 

Chihuahua and the interior. 

My understanding also is that you have taken some 1,047 

through there; that of that, only two that we know of have come 

back not necessarily through the Marfa sector, but two through 

Texas; the rest, about 8 percent recidivism; is that correct? 

Mr. AHERN. Yes. Your numbers are pretty precise. It has been 

1,047 illegal immigrants transported through Presidio through November 16 of this year when we actually started to tally the numVerDate Nov 24 2008 01:45 Apr 22, 2010 Jkt 055704 PO 00000 Frm 00054 Fmt 6633 Sfmt 6602 E:\HR\OC\A704P2.XXX A704P2

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bers for this hearing. Of the 1,047, 84 have actually been reapprehended coming back across the border. 

Interestingly enough, of the reapprehensions, 72 were in Tucson 

so (they made their way back on an average of 6 days before the 

reapprehensions occurred) in El Centro, 3 in San Diego, 1 in Laredo, 1 in Rio Grande Valley and 1 in Nogales. 

Mr. RODRIGUEZ. And none of them through my district? 

Mr. AHERN. That’s correct, sir. 

Mr. RODRIGUEZ. Okay. My understanding is also that they are 

put on a bus, and they are just basically taken through there. Because I know the Governor is concerned and has made some comments on this, I just want to get some clarification. How long do 

you foresee having this program in effect? 

Mr. AHERN. We are looking to continue this program because it 

has been very successful. We received a letter from the Governor, 

and we will be responding appropriately with some of this information we just talked about today. 

Mr. RODRIGUEZ. And is it my understanding that one of the reasons you are doing this is because the smugglers, ‘‘los coyotes,’’ basically get paid to try to pass them three times. By sending them 

across, they won’t be able to get back to the smugglers? 

Mr. AHERN. There is a variety of different arrangements that are 

with the smuggling organizations. But certainly not putting them 

back at the starting line, if you will, we do think is an effective 

strategy and actually reduces the recidivism rate. 

Mr. RODRIGUEZ. Has the Marfa sector in my area—are any other 

areas besides the two that are mentioned in Texas, not in my area, 

that have gone through there? 

Mr. AHERN. No. The only ones I show here in Texas are the one 

in Laredo and one in Rio Grande Valley. That is the two. 

Mr. RODRIGUEZ. Do we know for a fact that the Mexicans on the 

other side are providing their bus trips into Chihuahua? 

Mr. AHERN. We have no reason to believe that has occurred because we actually are there when we make the transfer across the 

border to Mexican officials. 

CORRELATION BETWEEN INFLUX OF LEGAL MEXICAN NATIONALS AND

CRIME

Mr. RODRIGUEZ. Okay. 

Ms. Silver, you mentioned that there is crime on crime; I guess 

Mafia killing each other or messing with each other. Can you explain—and maybe Mr. Morton might comment—we have seen a 

huge influx—and I don’t know the numbers, so I apologize, but I 

don’t think I’m exaggerating in terms of Mexican nationals legally 

coming into the border—Juarez, San Antonio, the Valley, all over, 

legally. 

Do we have something to attribute that to besides the economy 

if there is crime on crime? Because I would presume that these are 

people not engaged in crime. 

Ms. SILVER. Congressman, I would have to look at the numbers 

to confirm any kind of possible correlation. 

Mr. RODRIGUEZ. Can I ask for you to maybe really do a study? 

And I hope I am not exaggerating, but there is a huge number of 


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Mexican nationals, people that have the capabilities of moving 

across. 

And at what point I would ask, also—I would presume they have 

a significant responsibility to making sure Mexico survives and 

Mexico goes in the right track. Are they abandoning Mexico? Are 

we getting the support from those individuals, those billionaires on 

the other side? 

Ms. SILVER. I can’t speak specifically to the billionaires, but we 

certainly would be happy to get you more information about whether there is any correlation to the extent that we have it. 

Mr. RODRIGUEZ. Because I know the Minority and the Chairman 

wants to do whatever we can to make something happen, but they 

also need to take responsibility in Mexico. Thank you. 

DRUG CARTELS

Mr. PRICE. Mr. Calvert. 

Mr. CALVERT. Thank you, Mr. Chairman. 

This is regarding meth. The success of the Merida Initiative, and 

the United States-Mexican cooperation in general, would be a 

hinge in the ability for both nations to address the serious erosion 

of national security, public order, and the quality of life, not only 

in the United States but in Mexico, that is caused by the trade and 

consumption of illicit drugs. 

I am the founder and co-chair of the Congressional Caucus to 

Fight and Control Methamphetamine. About 15 or 20 years ago in 

California—unfortunately in parts of my district—was Ground Zero 

for methamphetamine manufacturing, and then turned into a 

major trafficking corridor up the 5 Freeway, up through north, and 

then proceeded throughout the rest of the Nation. 

With the national restrictions on pseudoephedrine put in law in 

2006, we have seen home-grown labs decrease—at least up until 

now. The emergence of Mexican cartels running super-labs south of 

the border, and trafficking, has been up to 80 to 90 percent of the 

meth that is now distributed inside the United States. 

When I heard, Ms. Silver, your testimony on cross-violence not 

being a problem, or less of a problem, I am kind of shocked; because we see every day in Los Angeles and San Diego significant 

violence associated with the drug traffic. As a matter of fact, I was 

very pleased that the efforts of DHS and DEA and the other partner agencies are making the strike against the La Familia drug 

cartel which was announced last month. A significant part of that 

was in the inland empires of southern California; as you know, one 

of the most violent drug trafficking cartels responsible for the vast 

majority of meth crossing into the borders. And I want to commend 

the men and women on both sides who took an important action 

during that 44-month investigation, and I hope their efforts are 

sustained. 

The question that I have is: Do we know if the La Familia cartel 

is rebuilding in the wake of that large bust, or are we seeing another cartel fill the void left by the methamphetamine drug trade? 

And the follow-up question is: How are the U.S. and Mexican 

Governments using any intelligence captured from this operation to 

make sure our efforts are not in vain? 


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Ms. SILVER. Congressman, first, I just want to be clear. The distinction that I was making in terms of discussing the violence is 

not to say that criminal violence doesn’t exist. Put that aside for 

a moment. 

In terms of the La Familia actions and the outcomes from that, 

I think that probably would better fit in a classified situation, but 

we would be happy to brief you on that. 

Mr. MORTON. Let me add just a little bit to that. From the DHS 

perspective, ICE was the participant in the operation. I think what 

we can say is many lessons were learned from that. I think you 

will see similar efforts at collaboration in the future. 

I don’t think the cartel in question is out of business. It is a pretty resilient operation, but it took a pretty hard blow. And I think 

you will see that effort is going to be sustained. Take it from me 

as the DHS participant in that, it will be. That basic model of trying to focus the full weight of the Federal Government on a particular cartel is, I think, a winning one and one that we will continue to pursue. 

From our perspective at ICE, and working with CBP, it is moving to a more sophisticated strategy in which we are not only 

bringing the criminal investigative and punitive powers of the prosecution system to bear, but also the fairly robust civil authorities 

that the Department of Homeland Security has—namely in the 

form of CBP and ICE—to detain and remove gang members and 

other individuals who are associated or related with those families 

and drug trade. But again, we may not actually have a criminal 

case in this country. 

BORDER STILL NOT SECURE

Mr. CALVERT. One point I want to make is every day there seems 

to be something that I read in the local newspapers about violence 

in Los Angeles, especially in Southern California, certainly 

throughout the southwest United States: murders, kidnappings, arrests, especially Phoenix. Now we have pushed that border problem 

down, it seems, into Phoenix. 

But the point I want to make, I think based upon public reports, 

I think there has been, what, 25,000 deaths in Mexico related to 

the drug trade in the last, say, 3 or 4 years, and I don’t know how 

many deaths in the United States because of the drug trade, that 

is attributable to that. It is a significant problem, not to mention 

the number of people that are being hooked on methamphetamine, 

the social problems, the cultural problems that are associated with 

that, the problems we have with our law enforcement throughout 

the United States today because of this drug. 

I think that this border has not been fixed yet. I don’t think anyone here would say that it has been fixed yet. We are still getting 

a significant amount of methamphetamine across this border, not 

to mention the human trafficking that goes along with it. 

So I have a couple of follow-up questions, if we have any further 

questions, Mr. Chairman. 

Mr. PRICE. Thank you, Mr. Calvert. 

Mrs. Lowey. 


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ORIGIN OF WEAPONS IN MEXICO

Mrs. LOWEY. Thank you very much, Mr. Chairman. 

Earlier this week, former CBP Commissioner Bonner argued that 

the U.S. should aggressively investigate U.S. gun sellers and reinstate the assault weapon ban to better secure the southwest border. While I happen to question why he did not publicly fight to 

make these changes during his tenure as commissioner, I commend 

him for speaking out on this commonsense issue. 

We certainly cannot allow loopholes to be the means for Mexican 

drug cartels to operate. I understand that firearm laws are largely 

under the purview of the Department of Justice, but tens of thousands of DHS personnel risk their lives to protect the border. 

Assistant Secretary Morton, Commissioner Ahern, would reinstating the assault weapons ban better enable your agencies to 

combat drug cartels? 

Mr. AHERN. I think we will go in the order since I served under 

Commissioner Bonner and had the pleasure to do so. I did not have 

an opportunity to see what was the rationale behind Judge 

Bonner’s position on that. And it would be reckless for me to try 

to speculate what his thinking was on that. But I think on the flow 

of any type of illicit asset, there needs to be control, there needs 

to be more than just the enforcement control. So is there a need 

for some regulatory oversight? I think that needs to be studied very 

thoughtfully. I know it is a very visceral issue in this country. 

Certainly nobody wants to promote or facilitate the flow of weapons across the border into Mexico. I think one point we need to 

study is—and I think we talked about this back in the springtime—an often-used statistic that I don’t believe is completely accurate because I don’t think it has been fully talked about: 95 percent 

of the weapons that are found in Mexico originate in the United 

States. I think that if the full statement is articulated, it would say 

95 percent of the weapons that are recovered and entered into the 

weapons tracing database can be traced back into the United 

States. But that may not account for the whole universe of weapons that make their way to Mexico. So I think we need to study 

the issue in its total before we make—— 

Mrs. LOWEY. Where are you suggesting the ones that aren’t registered are coming from? Someplace else? 

Mr. AHERN. I think there is an opportunity to discuss that in 

greater detail, after you take a look at what may be coming 

through the south of Mexico, up through Central America, or even 

coming in through the maritime ports from other countries potentially and Asia. 

Mrs. LOWEY. Well, yes, I would love to hear from Mr. Morton. 

Mr. MORTON. I think there are weapons going into Mexico from 

places other than the United States—there is no question about 

it—and along the southern border in particular. Mexico’s southern 

border is a strong concern of the Mexicans, and something that we 

are actually working with them on with ATF and ICE. 

But, you know, I do think it is critical that, aside from the domestic issues concerning weapons here in the United States, we at 

CBP and ICE work with ATF and the Mexicans to stem the flow 

of illegal weapons to Mexico. There is no question that the flow of 


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illegal weapons is something negative that fuels the problems we 

face from the cartels. And it is something that I personally am paying a great deal of attention to. 

The Acting Director of the ATF, Ken Melson, and I are longtime 

colleagues, and we were prosecutors together. And he and I meet 

regularly on this not only to sort of address some of the institutional differences between our two agencies, but to try to come up 

with a rational and aggressive plan with the Mexicans. 

AMEND FEDERAL GUN LAWS

Mrs. LOWEY. Let me just clarify the record. According to GAO, 

87 percent of firearms seized by Mexican authorities and traced in 

the last 5 years originated in the United States, and 68 percent of 

those weapons were manufactured in the United States. And officials identified three key challenges with Federal gun laws: First 

of all, restrictions on collecting and reporting information; a lack of 

required background checks for private sales; limitations on reporting requirements for multiple sales. 

So frankly, it is an outrage, in my judgment, that our gun laws 

hinder the ability of Federal agencies to protect the public. So I 

just wonder, I would like your judgment, would amending Federal 

gun laws to allow Federal agencies to better collect information on 

sales, which in no way inhibits law-abiding Americans to exercise 

their Second Amendment rights, reduce the level of violence along 

the southwest border? 

Mr. AHERN. I would say first, again, the issue of studying amending gun laws needs to be fully and thoughtfully considered before 

a determination is made. And I think that I would be presupposing 

that discussion by offering my thoughts on it. I think with any enforcement strategy, you have to have a regulatory provision and enforcement provision and other sanctions. 

But as far as reducing violence, we have not necessarily seen a 

lot of the weapons first moving across the border, even though we 

suppose that there probably is. We have actually had sustained efforts since this year in March. Even though we have seized close 

to $23 million in currency going out, we have seen probably less 

than 200 weapons that we have actually seized. Now, certainly 

every weapon we take out of the hands of people going into Mexico 

is a bonus, and also I should say it is illegal to transport firearms 

into Mexico. That is another sanction that the Government of Mexico has. But we need to thoughtfully consider the entire supply 

chain of the movement of weapons into Mexico. 

Mrs. LOWEY. Let me just say, and I know my time is up, while 

we are thoughtfully considering it, people are dying. And my colleagues got so excited about your responses, they are all giving me 

additional information: 39 percent of the weapons seized came from 

Texas, 20 percent from California, 10 percent from Arizona. And 

my other colleague offers this information—I assume it is a good 

source—that grenades come from the South, machine guns and assault weapons come from unregulated gun shows in the United 

States. 

So let me just say this. Many of us are very concerned. I was in 

Mexico several months ago. And I think the President is just working so hard trying to make a difference. I hope we are doing whatVerDate Nov 24 2008 01:45 Apr 22, 2010 Jkt 055704 PO 00000 Frm 00059 Fmt 6633 Sfmt 6602 E:\HR\OC\A704P2.XXX A704P2

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ever we can to stop this violence, stop the loss of life, and that we 

don’t just dance around this gun issue but do what is really essential. 

Thank you, Mr. Chairman. 

Mr. PRICE. Thank you. 

Mr. Farr. 

TACKLING SOUTHBOUND FLOW OF DRUGS

Mr. FARR. Thank you very much, Mr. Chairman. 

I think that this last dialogue indicates how much the border is 

really two-sided, and that we seem to focus solely on one side, forgetting, one, that the demand for all that drugs that are coming 

into the United States is on our side of the border. Two, as was 

just indicated, an awful lot of the weapons that the cartels are buying are coming from the United States. And three, the money that 

is made from the sales of drugs are coming from the United States. 

And I would hope, Mr. Chairman, perhaps in the next hearing 

on this border, I think it is a terrific hearing, I hope perhaps we 

could have some Mexican officials here indicating what they see as 

the concerns. Remember, they have another border that is just— 

even more problematic for them where their resources are, which 

is the Guatemalan border, and we don’t give them any credit for 

what they do to stop all of those things from moving north by being 

able to stop in Guatemala. And I sense it is probably they can’t 

give as much resources as we would like to the Mexican border. 

I have a follow-up question on the guns, Ms. Silver, and perhaps 

for Mr. Morton, is what role does ICE play in reducing the southbound flow of weapons? Do you see as a central challenge—or what 

do you see as the central challenge to eliminating that illegal flow? 

And if you were given the authority and responsibility other than 

ATF, would you execute a program to eliminate this? How would 

you execute a program to eliminate the southbound flow? 

Mr. MORTON. Well, I think the effort to tackle the southbound 

flow of weapons needs to occur on several levels. First and foremost, ATF and ICE in particular need to much better coordinate 

their efforts. And that is something that I have worked on a lot 

since I have become Assistant Secretary. And as you may know, we 

signed a new memorandum of understanding with ATF to try to respond to that exact question. 

Second, we need to work very closely with CBP on outbound inspections, actually looking for weapons going south. We would provide the investigative support to what CBP is doing in the way of 

inspections and interdictions. And then, very importantly, we have 

to work very carefully and closely with our Mexican counterparts 

because as Commissioner Ahern noted, we are not seizing yet the 

level of guns that the Mexicans are discovering on their side of the 

border, and they are discovering some very significant caches. 

And one of the things that I have worked on when I have been 

to Mexico the three times in the 6 months that I have been Assistant Secretary—I am going to go again here shortly—is to work 

with the Mexican military and with Secretaria de Seguridad 

Pu ́ blica and the Procurador General de la Repu ́ blica so that we can 

have a much closer relationship and more immediate access to the 

weapons caches that are seized and so that we can work hand in 


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glove with ATF to trace those weapons—a significant portion are 

going to be traced back—and we can investigate and prosecute 

those people either in the United States or in Mexico. 

GIVING EQUIPMENT UNDER MERIDA PROJECT

Mr. FARR. I understand that our Merida project, we are supposed 

to be giving them a lot of equipment, technical equipment, and that 

equipment is not arriving, it is not getting there. Would that be 

helpful in this totality of—— 

Mr. MORTON. I will let Commissioner Ahern speak to the sort of 

technical equipment. I will say, under Merida for the trafficking, 

one of the key things, there is funding for a vetted unit that we 

at ICE are doing, and that is actually quite far along. And we have 

selected a number of the officers, and we have to go through the 

final polygraph training. And that is fully funded by Merida. And 

I am happy to see that Merida is doing that. 

I am not aware of a lot of technical equipment focused on arms 

trafficking, but rather—— 

Mr. FARR. Not just arms trafficking. 

Mr. MORTON. The helicopters and the inspection equipment. 

DEPLOYMENT OF BESTS

Mr. FARR. The issue of the multiagency cooperation along the 

border, essentially we have 17 of the BEST locations. What is it 

going to take to deploy these along the entire southwest border? 

Mr. MORTON. Well, we have 10 BESTs now on the southwest border. We are considering, as we speak, using the enhancements that 

were provided by this committee expansion at number of notable 

possibilities: Houston, San Antonio, other places along the border. 

We also obviously have the seaports and along the northern border. 

Mr. FARR. So of your routes, the Pacifico route is probably the 

best staffed and up to gear, but what I understand, the Centro 

route, the Golfo route and the Chiapas route are not up to the sophistication of the Pacific route? 

Mr. MORTON. Yeah. And we need to locate those additional 

places along our border that make the most sense for disrupting 

the flow but also to work closely—one of the key things about 

BEST is it is not only a domestic partnership. The Mexicans are 

actually assigning people to the BEST. We have five SSP officers. 

The Colombian National Police just assigned three. Mexican Customs just agreed to assign people. So we are moving to that. And 

part of that dialogue is going to be working with the Mexicans to 

get their perspective on just the question that you are raising 

about the flows, you know, where should we place a BEST to 

best—— 

Mr. FARR. Do you need additional resources to do that? 

Mr. MORTON. I want to get through the enhancement that we 

just got, and then I think I would give you an answer once I have 

a good plan for you and we have spent that properly. 

Mr. FARR. Thank you. 

Mr. PRICE. Thank you. 

Mr. Ruppersberger. 

Mr. RUPPERSBERGER. The issue of resources are very important. 

And we have different programs that we work or we use, and one, 


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the Border Enforcement Security Task Force, that I think was created in 2006, and there are about 12 of them throughout the country. 

I think the strike force concept works a lot. If you look at our 

JIATF, really run, I guess, by the FBI, but it is every agency, ICE, 

and I mean every one, and that strike force concept is a team concept. 

Now, I understand there was a conference just recently in San 

Diego about really how is BEST doing, how is it operating, what 

do we need to do. Can you tell me what came out of that conference? And then I want to get into what BEST is doing, what resources they need, and whether you think it is working on the border. It is to all three of you, because you all can answer. 

Mr. MORTON. Yes, sir. First of all, I agree with your basic 

premise on the task forces, and the concept of BEST is exactly that 

along the border and focuses specifically on cross-border crime by 

organized criminal syndicates. And you are absolutely right about 

the Joint Interagency Task Force South (JIATF). And ICE is the 

second largest contributor to the JIATF behind only the FBI itself. 

Mr. RUPPERSBERGER. You also have State and local, the whole 

thing. 

Mr. MORTON. The whole thing. 

Mr. RUPPERSBERGER. And also intelligence gathering and analysts, too. 

Mr. MORTON. And the BEST model adopts exactly that approach. 

And we have State, local and, as I just mentioned, international 

partners—Canadians, Colombians—on our BEST. We have a total 

of 17: 10 along the southwest border, 3 along the northern border, 

3 in seaports and, for the first time, 1 in Mexico City, funded by 

Merida. And the idea is to have something akin to the JIATF immediately on the border, focused with agents, Border Patrol agents, 

sheriffs, analysts, you know, all the people that we need to go and 

focus on the illicit movement of people, money, arms and drugs. 

DEPLOYMENT OF BEST CONT. 

Mr. AHERN. Let me add that I had the opportunity to go out and 

speak at the BEST Task Force conference in San Antonio this summer, and I will basically describe what I talked to the group about. 

And I think it describes the enforcement wheel, which I think you 

get the benefit of by having the BEST concept where you have the 

interagency components. It doesn’t necessarily begin with an investigation or a piece of intelligence or interdiction; it could be any 

number of those things. But it needs to continue to lead into a full 

cycle of that enforcement wheel. 

So we have been the direct beneficiaries of participating in the 

BEST Task Force to focus our interdiction efforts at the border, 

particularly southbound, for some of the money seizures but also 

for inbound drug seizures. That is the benefit of being intel- or investigative information-driven but also, as far as the ability to exploit the seizure or arrest that occurs at the borders, being able to 

hand it off to the BEST Task Force to take it from a Laredo, Texas, 

to an Oklahoma, which is one of the examples that occurred several 

months ago as well. So it gives you the full capability to exploit the 


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fullness of all the law enforcement assets that are collocated together. 

BORDER FENCING

Mr. RUPPERSBERGER. Let me ask you this, too. This was a controversial issue that became political, the issue of the fence or wall 

on the border. If you look at Israel as an example, Israel had a significant decrease in terrorist attacks in their wall along the border. 

Now, I know you can’t build a wall like the China wall, but from 

a resource point of view, from a law enforcement point of view, do 

you feel that the wall and the fence does work or does not work, 

and should we put more resources into that type of resource? 

Mr. AHERN. We have 640 miles of tactical infrastructure fencing 

built along the southwest border, a combination of pedestrian fence 

and vehicle fence, depending on where the fencing is located. That 

has been a huge support for us. Even though we talked at the beginning of the hearing about the apprehensions going down 23 percent between the ports of entry, and some may argue that is because the economy is down in the United States, I would argue 

that a significant amount of that enforcement success has been a 

result of building that tactical infrastructure. Now we can control 

the flow a lot better than we did before. 

I would also say that certainly the addition of assets and technology brings about additional capability as well. The tactical infrastructure cannot stand alone, though. And that is why we need to 

overlap it with technology to be able to see what is coming toward 

the infrastructure. Also, people, our assets, still need to be there, 

to be able to respond to it. 

We see a significant result of success from the deployment of the 

fencing. And also, as far as we believe, because we have reduced 

the number of apprehensions for illegal entries between the ports 

of entry, that has been one of the reasons we have seen the surge 

in the effectiveness of our narcotic seizures between the ports of 

entry. 

Mr. RUPPERSBERGER. Okay. Do I have any more time? 

Mr. PRICE. Very little. Real quick. 

Mr. RUPPERSBERGER. The resources of maybe the NSA and some 

of the things that we do in the Middle East, it seems to me if we 

put a small percentage what NSA does to support the warfighter, 

a lot of the information and intelligence that we get to identify the 

targets. Do you feel that if we could put more of an emphasis, including UAVs or overhead architecture, that we could do a lot more 

in the border protection against drugs or—more drugs, I guess, 

than any issue. 

Mr. AHERN. I would say we could always use additional capability. Of the five UAVs we currently have deployed, four of them 

are on the southwest border, and one is up in the northwest Great 

Plains. And we have, I think, two more coming on delivery over the 

next several months. That is going to give us some capability. If 

you want to talk further about the intelligence capability or very 

specific details, we would be happy to have a further discussion 

about some of the issues. 

Mr. RUPPERSBERGER. I want to thank you for your service. You 

did a great job. 


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Mr. PRICE. Thank you very much. 

Mr. Culberson. 

OPERATION STREAMLINE

Mr. CULBERSON. Thank you, Mr. Chairman. 

I really appreciate all of you all being here. And I wanted to ask, 

if I could, Commissioner Ahern about specifically what we have 

seen in Texas work so well, Operation Streamline, that my good 

friend Ciro Rodriguez, Henry Cuellar, have worked with me with 

the support of this subcommittee. 

I want to thank Mr. Rogers, our Chairman Mr. Price, and the 

committee members, which is enforcing existing law, straight-up 

common sense. 

Actually, Dutch, you know, you need the wall in some places, but 

there is nothing better than a uniformed law enforcement officer 

using their good hearts and their good judgment and existing law 

to, as they do in Del Rio and the Laredo sector and in the Yuma 

sector, arrest everybody, with zero tolerance. And I say everybody, 

they are obviously not, you know, women and children, they are 

using good judgment. 

But the program has been an immense success, hasn’t it, sir? 

And if you could talk to us about it. And we are trying to get it 

expanded into the Rio Grande Valley next. If you could talk about 

the success of Streamline to the committee and getting it rolled out 

as soon as possible into the Rio Grande Valley. 

Mr. AHERN. Right. And thank you for allowing me the time to 

pull some numbers so I can give you some specific answers here. 

Certainly when you take a look at basically having a zero-tolerance approach to violations, that becomes a significant consequence 

to smuggling attempts, particularly by some of the individuals that 

may not have the largest of criminal intent to try to gain entry into 

the United States. 

Mr. CULBERSON. And you have got the support of the local community. 

Mr. AHERN. We have a tremendous amount of support from the 

local community because that is where a lot of this illegal activity 

occurs. But we have to be able to have a prosecution and potential 

incarceration as a consequence and as another deterrent for smuggling. So in the Del Rio sector, where it began, in the last fiscal 

year, we had more than 8,000 cases that were prosecuted through 

Operation Streamline. Yuma sector had 1,800. For the Laredo sector, we actually had more than 10,000, almost 11,000, 10,727 to be 

exact. We implemented Operation Streamline in the Rio Grande 

Valley toward the latter part of fiscal year 2009, and we got to 

1,572. So we look forward to continued improvement going forward. 

Tucson sector had 14,404, and we are going to look to continue to 

expand it through El Paso and other locations where we don’t have 

it. 

DROP IN CRIME RATE

Mr. CULBERSON. In particular, I wanted you to bring to the committee’s attention, if you would, sir, confirm the drop in the crime 

rate overall. In the Del Rio and Laredo sector, the numbers we 

have from the Border Patrol is we have seen—and from the sheriff 


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there locally—a 76 percent drop in the crime rate, Members. In the 

Del Rio area, Ciro, illegal crossings have dropped by 52 percent. 

And you have also seen a huge drop in the crime rate in Laredo 

as well. Isn’t that right? 

Mr. AHERN. Those would be accurate. 

Mr. CULBERSON. So the local community really supports this, Mr. 

Chairman. And I would certainly recommend it to the committee 

as an initiative that we need to continue to support. It is a 

straightforward, commonsense way to deal with this terrible problem. And that is just uniformed—in addition may be a wall in some 

areas, but the best wall is a wall of uniformed law enforcement officers using their good hearts and their good judgment to enforce existing law. Is that an accurate statement? 

Mr. AHERN. That is. And I would just add that there is no initiative without its challenges as well, but certainly having limited capacity with prosecutors has to be examined at all levels, and certainly as far as the capability to house some of these individuals 

to serve their sentences. 

THRESHOLDS FOR DETERMINING PROSECUTION

Mr. CULBERSON. And in the limited time that I have got, I want 

to mention also, apparently, Mr. Chairman, also in the Tucson sector they are still releasing everybody. As far as I know, they 

haven’t changed the policy. But if you are captured by the Border 

Patrol with less than 500 pounds of dope in the Tucson sector, you 

have a good chance of being at home in time for dinner, and you 

will not be prosecuted. It is bizarre. But they turn everybody loose 

in Tucson. I have been there, and it is amazing. They turn almost 

everybody loose in Tucson and arrest almost everybody in Del Rio 

and Laredo. The crime rate drops in Texas, and in Tucson it is like 

a superhighway. Reasonably accurate? 

Mr. AHERN. That is very accurate. Under the previous U.S. attorney that was in the Tucson area, there was that 500-pound threshold. 

Mr. CULBERSON. Have we changed that, I hope? 

Mr. AHERN. There has been a new U.S. attorney assigned, and 

we look forward to perhaps revisiting some of those thresholds. We 

have had a lot of dialogue about it, and we are very optimistic. 

Mr. MORTON. If I could add to that, Mr. Congressman, there has 

been a change there. There is a new U.S. attorney, Dennis Burke, 

who has a different view of this matter. I think you will find that 

the thresholds are going to come way down. In the pilot project at 

Nogales that I mentioned in my oral testimony, we are trying to 

avoid the very situation that you described, and the Mexican authorities are willing to prosecute some of them as well. 

Mr. CULBERSON. Thank you. 

TERRORISTS APPREHENDED BY BORDER PATROL

Last question. Who are the three terrorists the GAO said that 

Border Patrol apprehended? On page 18 of the GAO’s report in August on the Border Patrol, it says that CBP, Border Patrol reported 

in fiscal year 2008 there were three individuals encountered by 

Border Patrol at southwest border checkpoints identified as perVerDate Nov 24 2008 01:45 Apr 22, 2010 Jkt 055704 PO 00000 Frm 00065 Fmt 6633 Sfmt 6602 E:\HR\OC\A704P2.XXX A704P2

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sons linked to terrorism. Who were they, and what terrorist organizations were they linked to? 

Mr. AHERN. I would be happy to provide the detail outside of the 

open hearing. 

Mr. CULBERSON. Okay. Thank you. 

Mr. PRICE. Thank you. 

[The information follows:] 

Rep. Culberson—Please provide the names and organization links of the terrorists 

CBP apprehended in FY 2008 and identified in a 2008 GAO report. 

Response: The three individuals encountered in 2008 (not apprehended) were at 

the time listed in the Terrorist Screening Database (TSDB). Two of those individuals are no longer watch-listed. The third individual has historical links to the Irish 

Republican Army. Additional information on this individual is classified and may be 

shared with the Committee separately. 

Mr. PRICE. Mr. Mollohan. 

BUDGET COORDINATION WITH JUSTICE DEPARTMENT

Mr. MOLLOHAN. Thank you, Mr. Chairman. 

Gentlemen, welcome to the hearing. As your respective testimonies reflect, the additional resources directed towards ICE and 

CBP programs have significantly improved the crime-fighting effectiveness along the southwest border. I want to congratulate you for 

that. The increased effectiveness is indicated by increased arrests, 

captures, prosecutions, and imprisonment. Those successes result 

in an increased workload on Justice Department agencies. Thus, I 

am wondering is the Department of Homeland Security working 

with the DOJ to coordinate budget requests? 

Mr. MORTON. You are exactly right. There is a direct correlation 

between the increase in resources and the increase of work at ICE 

and CBP for the work of the Department of Justice. And it is not 

just in a criminal context, it is very much in the civil context, too, 

because all of the administrative removal hearings are conducted 

by the Department of Justice through the Attorney General’s authority. So the short answer to your question, sir, is yes. 

We actually had our first conference about 2 months into my tenure as Assistant Secretary where we invited the Executive Office 

for Immigration Review to look at exactly this issue and how we 

can go forward in a way that is coordinated and thoughtful, and 

we don’t just increase one place without providing for either immigration judges or, as the commissioner mentioned, you know, additional Bureau of Prisons space, additional marshals resources. 

Mr. MOLLOHAN. You are describing the problem. I am interested 

in the solution and what your agencies are doing to solve that problem, because there have been concerns expressed regarding the 

lack of coordination between ICE and DOJ. 

Mr. MORTON. The solution is just as you suggest; it is coordination where we haven’t in the past. 

Mr. MOLLOHAN. Are you doing it? 

Mr. MORTON. It is ongoing, and I am personally involved in it. 

Mr. MOLLOHAN. Give me some specifics on that. Who is interfacing with whom, and at what levels, and what progress are you 

making? 

Mr. MORTON. My staff is directly interfacing with the Executive 

Office for Immigration Review on the civil side. And I have been 


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meeting with the Assistant Attorney General for the Criminal Division on the criminal side and have been putting the issue squarely 

on the table. And there is a recognition that we need to start doing 

this thoughtfully. And I think you will see as we go forward, at 

least on my end, you know, where there is such a direct correlation 

between an increase in ICE resources, that I will be pushing this 

myself. 

I come from the Department of Justice. I was a Federal prosecutor my entire career before becoming the Assistant Secretary. 

Mr. MOLLOHAN. So you understand how it backs up. 

Mr. MORTON. I do indeed. 

Mr. MOLLOHAN. So those discussions are ongoing. And is the information that is exchanged going to be reflected in the 2011 request from the respective agencies? 

Mr. MORTON. I can’t speak to that right now. You know, why 

don’t I take that back as one of the things that we can—— 

Mr. MOLLOHAN. Get that for the record. That would be great. 

Mr. MORTON [continuing]. And see where we are. 

[The information follows:] 

Rep. Mollohan—How does/can ICE coordinate future budget requests with DOJ 

when it comes to SWB enforcement? 

Response: ICE management coordinates with DOJ from both civil and criminal 

perspectives. Regarding civil enforcement, ICE provided DOJ’s Executive Office for 

Immigration Review (EOIR) with projections of increased criminal alien cases resulting from new ICE initiatives, which EOIR was able to use as part of its fiscal 

year 2010 budget proposals for an increase in the number of immigration judges. 

In summer 2009, ICE Assistant Secretary John Morton met with EOIR to discuss 

the impact of SWB enforcement. ICE is already taking steps to coordinate its future 

forecasts of workflow with EOIR. Specifically, the Secure Communities program is 

establishing an Internal Working Group (IWG) encompassing the entire life cycle 

from the ‘Notice to Appear’ stage to the ‘Final Order’ stage. The IWG will monitor 

and provide interagency coordination for the following initiatives: 

• Optimization of Alternatives to Detention (ATD) 

• Use of Stipulated Removals and Deferred Enforcement 

• Alignment of Funding Between DOJ and DHS 

• Collaboration between USCIS and EOIR 

• Efforts to Enhance EOIR Docket Efficiency 

The IWG will review goals and objectives related to each initiative cited above 

and ensure consensus in terms of roles and responsibilities, resolution and documentation of any issues, and collaborative decision-making and communication. An 

executive committee, consisting of prinicipals from DOJ, ICE and CIS will be convened as needed to facilitate approvals or achieve consensus. 

The IWG is being established as a result of the interagency sessions held in July 

2009. The IWG charter is currently being reviewed by the participating agencies 

with an expected ‘stand-up’ date of early 2010. 

Regarding criminal enforcement, ICE’s Assistant Secretary meets regularly with 

the Deputy Assistant Attorney General in-charge of the criminal division; ICE will 

continue to work with DOJ to ensure federal law enforcement priorities are aligned. 

ICE appreciates the benefits of coordinating enhancements between DHS and DOJ 

partners in a way that maximizes resources such as agents, assistant U.S. attorneys, and deputy U.S. marshals. For example, if ICE requests additional enforcement positions along the southwest border that will significantly increase the number of persons being charged criminally, DOJ should request resources necessary to 

support the increased workload. 

Mr. MORTON. I will tell you it is a work in progress, but it is 

something that we are focused on. 


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CORRELATING BUDGET INCREASE TO SUCCESS

Mr. MOLLOHAN. It is really important. It would be very helpful 

to Congress as we consider these budgets to more accurately fund 

these various accounts. 

Your agency is going to receive a significant increase in funding 

this year for your various southwest border activities as a consequence of those increases. In other words, if you get an increase 

can you project your agency’s crime fighting statistics? Border Patrol apprehensions—will that result in a corresponding increase in 

arrests? Do you project statistics like that, which, if shared with 

other departments and agencies, could be very helpful in planning 

and implementing their efforts? 

Mr. AHERN. We do, probably not to the level of precision that you 

prefer, and I think we do need to do a better job on some of our 

metrics as a whole. But we do have figures that we put together 

as we add more to the three components of our strategy: tactical 

infrastructure, fence; technology; and more personnel, the additional miles of operational control we gain over the border. So we 

do have a formula that we can provide in detail. 

I think one of the other things, too, is we have to also acknowledge that success is not only measured in additional apprehensions 

or additional seizures. We should see that spike occur as we deploy 

and infuse the areas with more personnel. But once we gain that 

level of operational control, we should start to see those numbers 

diminishing. And often that looks as though you are not doing as 

good because the apprehensions are down 23 percent, as they were 

this past fiscal year. So we need to make sure that we are looking 

again at the fullness of the argument to make sure we recognize 

as far as investment of resources, particularly in our world it is not 

necessarily about catching more bad people—— 

Mr. MOLLOHAN. No, no, I know that. I am just really interested 

if there is a correlation between the amount of money. And I guess 

we are talking about short term here, because we are talking about 

the next fiscal year. 

Mr. AHERN. Absolutely. 

Mr. MOLLOHAN. Do you anticipate an increase, and can you 

quantify it based on the increase in the amount of appropriations 

that you are currently getting? That is kind of the calculation that 

I would be looking for. 

Mr. AHERN. We will provide that. Again, it probably would not 

be to the level of detail to your satisfaction, but those are some of 

the things we have to consider—— 

[The information follows:] 

Rep. Mollohan—What is the formula used by CBP to determine the level of funding needed to gain increased operational control of the border? 

Response: While there is no formula to determine the level of funding needed to 

gain increased operational control of the border, the Operational Requirements 

Based Budget Process (ORBBP) provides a common mechanism for the sectors to 

identify sector requirements and formulate budgetary requests. Through the 

ORBBP process, sector Chief Patrol Agents and their subject matter experts analyze 

threats, risks, and vulnerabilities (TRV) and evaluate the various resources to best 

address these TRV. The proper mix of resources and budgetary requirements needed 

to achieve operational control of an area are documented in sector operational plans. 

These requirements are then transmitted electronically to Border Patrol headquarters where they and validated and prioritized for available funding. 


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Mr. MOLLOHAN. You can make judgments about it. 

Mr. AHERN. Yes, sir. 

Mr. MOLLOHAN. I ask that it will be to the level of detail that 

you can do it. That is all anybody can ask. 

Mr. Chairman, am I out of time? 

Mr. PRICE. You are. 

Mr. MOLLOHAN. All right. 

Mr. PRICE. Thank you very much. 

Ms. Roybal-Allard. 

COORDINATION WITH LAW ENFORCEMENT AGENCIES

Ms. ROYBAL-ALLARD. I want to go back just a little bit to the 

issue that was raised by Ms. Lowey, and just for the record cite 

that the statistics that she was reading in terms of where guns 

were seized in Mexico, actually where they are purchased—Texas, 

39 percent; California, 20 percent; Arizona, 10 percent—actually 

came from a GAO analysis of ATF data. And in that same GAO 

report, some of the things that they highlighted was—with regards 

to the problems with stopping the flow of guns, was that efforts 

have been undermined by poor working relationships between ICE 

and the Bureau of Alcohol, Tobacco, and Firearms. And the report 

also states that the two agencies do not consistently and effectively 

coordinate their efforts. They lack clear roles and responsibilities. 

Failure to communicate has resulted in duplicate initiatives and 

confusion during anti-gun-smuggling operations. 

And I think to some degree you have answered some of the concerns that have been raised here, but my question is the issue of 

what is happening in Mexico and our part in the United States to 

assist Mexico, this is something that is not new. I mean, this is 

something that just didn’t happen 6 months ago or a year ago. It 

has been quite a while. Why is it that it either takes a GAO report 

to make in this case DHS and others do what they are supposed 

to do in the first place? What takes so long, particularly since it 

jeopardizes—the lack of doing so jeopardizes the very mission that 

you all, you know, have to fulfill? 

Mr. MORTON. I don’t have a great answer to your question other 

than to say my entire career has been in Federal law enforcement, 

and unfortunately, turf rivalries are part of the beast. And I take 

a dim view of them. I said that in my confirmation hearing. I take 

a very dim view of turf rivalries. That frustrated me as a prosecutor. And all I can say is in the 6 months that I have been the 

Assistant Secretary, I have taken fairly aggressive efforts to reduce 

those rivalries as much as I can. The first thing I did was to sign 

a new Memorandum of Understanding with Michelle Leonhart, 

who is the acting head of the Drug Enforcement Administration, 

and a second one with Alcohol, Tobacco and Firearms. And I was 

very cognizant of the General Accounting Office report that you 

just referred to. 

And I will tell you it is a work in progress. These are big institutions. They have long histories. They have strong institutional interests. But I find that if you have people of goodwill at the top 

who are willing to try to make a difference, they can. Plus things 

like this hearing, the focus on the challenge in Mexico, and the 


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knowledge that this isn’t, you know, some passing concern, this is 

a serious concern, really bring us together. 

We have to get this right, and so I am focused on it from ICE’s 

perspective. And I have had a pretty good response, as you can see, 

from DEA and ATF. 

Ms. ROYBAL-ALLARD. So are you basically saying, then, that the 

culture that exists, which over years I recognize has changed with 

various departments, and I recognize that there is an effort, but 

that within agencies the culture is agency first, U.S. second? I 

mean, given that report after report says that this lack of coordination, lack of cooperation is jeopardizing this, whether we are talking about homeland security issues, terrorists, in this case guns, we 

have been hearing this for 8 years. And I keep hearing it is a cultural—cultural thing. What will it take to get the agencies to recognize that the interests of the United States and the security of the 

United States takes priority over the interests of who gets credit 

for what within the agency? 

That is somewhat rhetorical. You know, I don’t expect that you 

are going to answer that, but it is very, very frustrating to have 

been on this committee since it started and keep hearing the same 

thing over and over and over again. 

Mr. MORTON. Let me just say two quick things. One I understand 

your frustration. Two, I wouldn’t say that anyone at the law enforcement agencies sets the United States second. I will say—— 

COORDINATION WITH LAW ENFORCEMENT AGENCIES CONT. 

Ms. ROYBAL-ALLARD. No, maybe they need to start looking at 

that in practical terms, that is exactly what they are doing through 

these turf wars if it is jeopardizing, as we hear over and over 

again, the missions that you all have. 

Mr. MORTON. The final thing I would say is, although I won’t 

pretend to say that we are where you want us to be and we should 

be, a fair amount has, in fact, happened in the last 6 months. I am 

actually going to meet with the Deputy Attorney General David 

Ogden tomorrow, and we are talking about this exact issue, and 

again furthering the initial steps we have taken with DEA and the 

ATF. And here you have me at ICE, I am personally committed to 

doing this. 

So I would say stay tuned, stay on top of me, ask me questions, 

write me letters. I am going to be focused on it, and I hope that 

next time you ask me this question, you feel better about asking 

it. 

Ms. ROYBAL-ALLARD. Let me just raise one more issue, just, 

please, Mr. Chairman. 

Eight years after now interoperable communications remains a 

serious concern across DHS and border security. Again, there is no 

exception. Secretary Napolitano’s Southwest Border Task Force reported that local, State, and Federal authorities operating in the 

region often struggle to communicate effectively. Again, it jeopardizes efforts, et cetera, et cetera. 

I am being told I am out of time. 

Again, we are dealing with the same thing. We talked about 

operability 8 years ago, and here we are again. It is still a problem, 


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this same issue. And I will submit this for the record so that you 

can then respond. 

Mr. PRICE. Why don’t we permit a very quick response, and then 

you can elaborate for the record. 

Mr. AHERN. I think clearly there has been substantial gains in 

a lot of the interagency cooperation. I think certainly as the new 

Secretary arrived on January 20th of this year, there was a renewed focus, particularly a lot of engagement with the state and 

local efforts. I know that we are renewing a lot of our pledges to 

work cooperatively. And one of the things that I would offer, too, 

that again I am concluding my 33rd year in government, and there 

is often stress that occurs between highly competitive organizations. Competition is not necessarily a bad thing. From my experience, again, as one who actually is involved with the interdiction 

side, we do look forward to receiving a lot of the benefits of investigative or intelligence information, but we also want to make sure 

that it is done thoughtfully. And ICE, as our investigative arm, is 

our closest partner, and we look forward to building on a relationship we have had for decades. 

It was stated at the beginning here that smuggling going back 

to Alexander Hamilton started in 1789, when the first Customs 

Service was created, and a year later the Coast Guard was brought 

about. So there has always been organizational challenges, and I 

would not submit that those are necessarily all bad. They often get 

characterized poorly in reports, but I can tell you from my experience that the system of government and agency constructs we have 

work pretty effectively. There are ways that we need to continue 

to improve, and I think we all should be very committed to doing 

so. 

OASIS PROGRAM

Mr. PRICE. Thank you. 

Let me turn to a matter a couple of you mentioned briefly in your 

oral statements, and that is the efforts that have gone on in the 

past 4 years or so to prosecute a certain amount of cases in Mexico 

of criminals captured in the U.S. Mexico and U.S. jointly initiated 

the OASIS program, the Operation Against Smugglers Initiative on 

Safety and Security. I am not sure who came up with that acronym, but that program was launched some time ago. And the idea 

was to accept Mexicans—for Mexico to accept Mexicans captured in 

the U.S. for prosecution in Mexico, provided they were charged 

with crimes against Mexicans. 

I would be interested in your assessment, your brief assessment 

here, and maybe you can elaborate for the record in how that program has worked and what kind of leverage it has really given us, 

and whether there is some prospect or any consideration of expanding it to address non-Mexicans, to address dual nationals. What 

kind of leverage does this give us? Are there drawbacks? But we 

are looking for more prosecutorial resources, obviously, here 

against the cartels, and we would be interested in your assessment 

of this particular item in our arsenal. 

Mr. AHERN. Great. Just a couple of very quick points, and I know 

Mr. Morton would want to elaborate as well. 


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The OASIS program actually was the follow-on program to a program that was initiated by the Border Patrol as we were having 

our reorganization back in 2003. It was called the Guide Identification Prosecution Program (GIPP), where we would actually take a 

lot of those individuals that were not going to be prosecuted in the 

United States. 

And again, going back to the discussion about streamlining, there 

needs to be a consequence for smuggling as opposed to continuing 

to see the repeat violators and the number of recidivism efforts 

that we engage in over and over again. So we engaged the Mexican 

Government to see what we could do to actually establish criteria 

for prosecution in Mexico. The criteria was it had to be a Mexican 

national endangering life or potentially moving a Mexican national. 

Cars, if they are coming through the ports of entry in a place like 

San Ysidro, had to be enrolled or actually licensed in Mexico. There 

is a variety of criteria. 

It is not operating at each of the locations along the southwest 

border because, in many of the prosecutorial districts, there isn’t 

the capacity to prosecute the cases in U.S. courts. So it should not 

be a goal to take every case that we have and actually prosecute 

through the OASIS program. It should be considered where there 

is lack of capacity or the potential consequence could be greater by 

prosecuting in Mexico. 

But the bottom line I would like to leave you all is, again, there 

has to be that additional consequence for smuggling, not just the 

arrest and the apprehension. There has to be that follow-on, whether it be through Streamline, prosecution through the fullness of the 

U.S. courts or the OASIS program. 

Mr. PRICE. Mr. Morton. 

Mr. MORTON. I am strongly supportive of the concept, Mr. Chairman. And that is why CBP and ICE have taken OASIS to the next 

level, and we do the same things for narcotics. Our first pilot is in 

Nogales. We have had our first two cases that were sound from an 

evidentiary purpose but that could not be taken for prosecution 

reasons by the U.S. Attorney’s Office have been turned over, in coordination with ICE and CBP, to Mexican prosecutors, and they 

are prosecuting both cases. 

And it is important to have a consequence. It is important that 

we have a consequence when the resource issues on our side would 

lead to somebody just walking the streets or getting removed. And 

I think it also helps build the other idea that we are trying to push 

in Mexico, which is institution building, to work with the Mexicans 

to build robust enforcement capabilities that lead to criminals 

going to jail and suffering a consequence in Mexico, and not just 

the United States. 

MERIDA INITIATIVE

Mr. PRICE. Thank you. 

With limited time I want to move on to the Merida Initiative, 

which, of course, is not mainly the responsibility of this subcommittee in terms of funding. I do have some questions, though, 

that I will ask you to respond to for the record about the the future 

of that program and the kind of funding requests you anticipate. 


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Mr. PRICE. One aspect of this that has come up today, though, 

and I want to raise it, and that has to do with the fact that the 

original concept for the Merida Initiative did incorporate Central 

American governments, as you know, as well as the United States 

and Mexico, in the fight against drug-trafficking organizations. But 

the initiative has pretty much developed into a bilateral matter 

and into a two-nation program. 

We have heard again today that drugs and weapons trafficking 

from Central America into Mexico remains a major threat to those 

countries and to us. What are possible improvements in DHS’s efforts to work with Mexican and Central American governments to 

disrupt those trafficking routes? Should that original concept of the 

Merida Initiative be resurrected to incorporate Central American 

governments? 

Ms. SILVER. Mr. Chairman, as you note, a bulk of the money 

under Merida has gone to Mexico. And, of course, we are focusing 

on Mexico here today, but if we are really going to look at the life 

cycle of the drug trade and the full networks, we do have to look 

at Central America. We have to look outside of just the United 

States and Mexico. 

There is Merida money, and I will leave it to the State Department to go into great detail, but there is Merida money going to 

Central America, and we support the continued efforts there. ICE 

and CBP have been and are involved in some of those efforts, and 

we also have folks on the ground down there. 

Mr. PRICE. Well, I am aware of that, but I am asking you really 

for your analysis of the challenge we face, and to what extent a 

more intensive effort is required. Of course, we are interested in 

the factual information about what is going on right this minute, 

but we are asking you for an assessment. 

Ms. SILVER. I would say that generally we do certainly want to 

focus on Central America. We want to focus on, as I said, the entire 

network, the entire pipeline of the drug trade in this case and 

those transnational criminal organizations which are not only 

present in Mexico but that have arms in Central America and our 

neighbors. We certainly want to focus on that. 

I think the seizure that Assistant Secretary Morton mentioned is 

one example of how we are working to make sure we understand 

and are acting against not just one point in the pipeline but really 

the whole pipeline. But we can always do more in that regard. 

Mr. PRICE. Well, the weapons aspect of this in particular seems 

to involve that pipeline pretty centrally. Is that right, Mr. Morton? 

Mr. MORTON. It does. And listen, Mr. Chairman, I would say 

that, as to your basic premise, the answer is yes. We absolutely 

need—the challenge is great. We cannot view it as simply a challenge that comes from Mexico. It very much involves Central and 

Latin America. 

CHALLENGES IN CENTRAL AND LATIN AMERICA

We have had some notable successes in Colombia over the years. 

That was a major challenge. It remains a challenge. But things like 

the seizure of the $41 million, which was done in very, very close 

coordination with Mexican and Colombian law enforcement, and 

the fact that a single BEST, which is technically on the U.S. and 


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Mexican border, now has Canadians and Colombians in it, are very 

positive signs. Again, I don’t pretend to say that we are where we 

need to be. I am just saying I agree with you, and there are some 

initial steps in your direction that I think we all share and intend 

to push as leaders within the Department. 

Mr. AHERN. If I might add a couple of observations. Certainly I 

think one of the issues is beyond just providing some of the largescale X-ray systems that are going to be used effectively; it has to 

be part of an overall comprehensive plan. It can’t just be elements 

of technology, where different things are bought and provided to 

different countries. It has to be part of an overall plan. 

Part of that begins with, you know, what is the assessment? And 

one thing is, to give you specifics between ICE and CBP, we did 

a joint assessment of Mexico’s southern border with Guatemala. 

We looked at and between the ports of entry, to be able to provide 

that to the Government of Mexico and then help them build the capacity to control, starting fundamentally with their ports. You have 

to begin that fundamental preference of establishing functional 

ports coming from the south to make sure they can control the flow 

of people and things coming across that border and then to stretch 

it out between the ports of entry to consider if there needs to be 

a Border Patrol-like component patrolling that border. 

And I would think that, as we move forward, we need to learn 

from some of the mistakes we made in the past during the last 2– 

3 decades. I spent a lot of time in the 1980s doing training and assistance programs throughout Central and South America and the 

Caribbean, and it would always be frustrating when we would go 

down and see some of the boats that we provided not being fueled 

or fall into a state of disrepair. Or, we would go down and see K9 teams we trained up here in Front Royal emaciated because the 

food has been redirected for other uses. We need to make sure 

there is a plan, and it has to have the appropriate oversight going 

forward, not just buying elements. 

Mr. PRICE. Thank you. 

Mr. Rogers. 

WEAPONS SEIZURES FROM THE UNITED STATES TO MEXICO

Mr. ROGERS. I want to get back to the weapons a moment. Now, 

on the border this past several months, 6 or 8 months, you have 

seized $30 million of cash, 3.3 million pounds of drugs, hundreds 

of thousands of illegals, and so on. How many weapons have you 

found going from the U.S. into Mexico across the whole border? 

Mr. AHERN. Across the whole border, since we began the intensified sustain operation in March, we have found less than 200. I will 

give you the very precise number. I just don’t know it off the top 

of my head. But what we are seeing is a lot of the ones and twos. 

We see occasionally a cache of maybe as many as 20 or 30, but for 

the most part, it is small numbers. And one thing I would argue 

is we are seeing a lot of the currency seizures going south when 

I would have thought we would have seen more weapons if they 

are moving in such—— 

Mr. ROGERS. You are saying less than 200 weapons? 

Mr. AHERN. Seized at our ports going southbound as part—— 

Mr. ROGERS. And how many of those are handguns roughly? 


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Mr. AHERN. Probably a split of maybe 50 percent or so are handguns, and the rest are semiautomatics or fully automatics. 

Mr. ROGERS. Fifty percent of the 200. So roughly 100 pistols and 

100 other weapons. 

Mr. AHERN. Right. 

Mr. ROGERS. Now, do the Mexicans control their southern border 

and check for weapons coming in from their south? 

Mr. AHERN. That is one of the things that we need to help them 

build the capacity of. 

Mr. ROGERS. But they are not doing that now. 

Mr. AHERN. To a very limited degree. And that is why we need 

to help them build a greater capacity. 

Mr. ROGERS. And so the weapons that are reported seized in 

Mexico are really the weapons that are going from the U.S. to Mexico, which is a very, very limited number. And if you say where did 

those weapons come from that you found going from the U.S. to 

Mexico, where do they come from? Of course you are going to say 

U.S., right? 

Mr. AHERN. Correct. 

Mr. ROGERS. Now, for 20 or 30 years Mexico has been importing 

weapons, military sales, over the last 20, 30 years across that border on their south into Mexico, correct? 

Mr. AHERN. I believe that is accurate. 

Mr. ROGERS. Do you have any idea how many tons of weapons 

have been imported in that fashion over the last few years? 

Mr. AHERN. I would have no idea. 

Mr. ROGERS. It is a bunch, isn’t it? 

Mr. AHERN. I would have no idea, sir. 

Mr. ROGERS. Well, I can tell you it is a bunch. 

Mr. AHERN. Okay. 

Mr. ROGERS. A lot more than 200. 

So, you know, the assertion that there is a steady stream of huge 

amounts of weapons flowing from the U.S. to Mexico is belied by 

your checking and finding very few; is that correct or not? 

Mr. AHERN. I would submit that if there was the flow that is 

sometimes spoken about, we would have seen more than the weapons we have seen going southbound through our sustained efforts. 

Mr. ROGERS. Now, quickly, your user fees this year are way 

down, correct? 

Mr. AHERN. Yes. 

Mr. ROGERS. How far down? 

Mr. AHERN. They could be down as much as $150 to 200 million, 

based on the downturn of international travel where we collect the 

fee environment. 

Mr. ROGERS. What about the projection for 2010? 

Mr. AHERN. For the rest of this fiscal year, unless there is going 

to be a recovery very soon in this fiscal year, we expect it to continue to be about 12 to 15 percent reduction in the international 

air travel. 

Mr. ROGERS. What does that do to your operation? 

Mr. AHERN. A substantial impact because, as you know and this 

committee knows, that a lot of that fee money is appropriated to 

our paying for our front-line CBP officers. Without that fee money, 


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we would have a challenge sustaining the current level we have on 

board, to be very frank. 

JIATF ALONG SOUTHWEST BORDER

Mr. ROGERS. I want to thank you all for—the ICE and CBP—for 

the BEST organizations on the border. I think that is the way to 

go. However, I would like to see you take that one step further, and 

we have talked about this privately, and that is the creation of a 

thing like the JIATF operation that we have for the Caribbean on 

drug trafficking, where we would have a single location on the 

southern border that coordinated the work of all the BESTs and all 

of the agencies that have some jurisdiction or authority on the border, much like we do out of the Caribbean operation for JIATF. 

What do you think about that? 

Mr. MORTON. Well, we did, in fact, have a conversation about 

this. You are right. And I am a supporter of JIATF, and I have 

been to JIATF South several times. And I agree with the basic idea 

that we need something similar along the southwest border, as I 

told you when we first met. And the real challenge for us as a department is what will that look like and what will its relationship 

be to things like the operational task forces on the ground, most 

of which are BESTs. But there are also others. There are the High 

Intensity Drug Trafficking Areas and Organized Crime Drug Enforcement Task Force. 

And, as a department, we are looking at this exact issue about 

the need for some sort of centralized intelligence fusion center 

along the southwest border. And obviously, there are some questions about its relationship to El Paso Intelligence Center (EPIC), 

which is the Department of Justice’s DEA-led center in El Paso. 

And, you know, what I can say is that in the abstract there is a 

lot of agreement with your thoughts, and the devil is in how we 

get there. And we are having those conversations now. 

Mr. ROGERS. Good. I am glad to know that you are. I think it 

is the way to go, because these cartels, the three or four or five cartels, whatever, along that border can’t be—the fight against them 

can’t be coordinated unless it is truly coordinated. And the only 

way to coordinate, I think, is if we have a single place where all 

of the agencies, be it Justice, DHS, military, whatever, are incorporated in one central locale so that there is some synergy there. 

So I really want to salute you for that. How can we help you along 

with that? 

Mr. MORTON. Well, I think, keep asking questions, keep raising 

the issue to the forefront. I will say this issue is very much being 

talked about at a senior level in DHS. So I think that you would 

be pleased with the level of conversation and thought that is going 

into the ideas that you raise. 

Mr. ROGERS. Any idea of a timetable? 

Mr. MORTON. No, I don’t. And, you know, I always hate to predict 

anything in the Federal Government in terms of when it would actually get there. But I have had several conversations with the 

Commandant of the Coast Guard on this issue. He is very focused 

on it. I am very focused on it. We have a very close relationship 

from an intelligence perspective with CBP. We really feel this need 

of coordination within DHS. And then obviously you have to bring 


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in DEA, which has a lot of very important information, and ATF, 

just as we do with JIATF. And so there is a lot of momentum behind this, but I would hate to predict. 

Mr. ROGERS. Any thought being given to making the EPIC center—of your agencies joining EPIC? 

Mr. MORTON. Actually, we are. CBP is the Deputy Director. ICE 

has a very large contingent with EPIC. And the question is: Would 

EPIC become something like JIATF South, or would there need to 

be something else? And EPIC could either fit into that or continue 

to have its very DEA-centered focus of right now. 

Mr. ROGERS. Commissioner Ahern, would you like to—— 

Mr. AHERN. I would just offer a couple of thoughts. First off, the 

JIATF South model is an excellent model, and we are heavily invested there. And just to comment about the investment we have 

made with getting our P3s back up in the air has led to a lot of 

the identification of movement of drugs, large loads, semisubs, gofast boats moving to the coast of Mexico. That has to be a strategy 

that is left in place so that we don’t see the movement of the transportation networks hitting Mexico and some of the violence that 

then comes as a result of that. 

JIATF ALONG SOUTHWEST BORDER CONT. 

But one thing I want to articulate before we talk about El Paso 

or EPIC as being the next JIATF, you are looking at a very narrow 

set of threats for JIATF South, and that is the movement of aircraft, movement of vessels on the water and deployment of the appropriate air and maritime force response and host country end 

game. 

When you are looking at the southwest border, it is far more 

complex than JIATF South. There is a lot of activity that goes on 

by the multiple number of law enforcement agencies that have jurisdiction at the Federal, state and local level. That does not mean 

that there is a conflict among the agencies, but it is highly complex 

compared to the very narrow, very important threat that JIATF 

South is performing in the Southeast. 

I think there certainly needs to be a better level of coordination. 

Mr. Morton is exactly right. We have had these discussions very actively through an established board looking into this issue. And we 

need to make sure, as we go forward on it, we are looking at it with 

the right precision and with the right outcome expected. 

Mr. ROGERS. Well, I will be asking. The next time we are here, 

we will be talking about this again, and I would hope we would 

have a fairly significant definitive answer. 

Mr. PRICE. Thank you. 

Mr. ROGERS. Mr. Chairman, before I finish, I just want to once 

again thank Jay Ahern for his 33 years of service to his country 

and the government, especially in the last several years that we 

have had the chance to work with him and the Department. He has 

been a real asset to the government and to the people of this country. 

And so, Mr. Commissioner, Jay, we thank you for your service 

to your fellow citizens. 

Mr. AHERN. Thank you very much. 

Mr. ROGERS. Wish you Godspeed. 


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Mr. PRICE. I appreciate the gentleman offering those thoughts, 

and I want to echo them. We have, over this number of years of 

service at DHS in particular, really valued the chance to work with 

you. You have always been straightforward, forthcoming, responsive. And we are indebted to you for your service and your substantial contribution to standing up this Department as it got underway. 

Mr. AHERN. Thank you. 

Mr. PRICE. Mr. Rodriguez. 

Mr. RODRIGUEZ. Mr. Ahern, I also want to, just on behalf of a 

grateful Nation, we thank you for your service and what you do for 

all of us. 

Mr. AHERN. Thank you. 

Mr. RODRIGUEZ. Let my quickly identify three areas that I wanted to talk about real quickly. The first one is a quick recommendation, and I think I have talked to you about it. As we deport the 

criminals—and I am not talking about the ones that we were talking about, because those were noncriminals that were being 

dropped off on the other side in Ojinaga from Presidio, but the 

criminals that are picked up from the jails and then deported—I 

think that it would go a long way for us to notify the Mexican officials as to where we are letting them go and who they are and the 

types of criminals that they are, because it is a pretty substantial 

number. And so it is important for us to get a grip on that. Otherwise, we are going to have problems with them later on unless they 

are aware of it. 

Secondly, this is across the board, GAO has reported constantly 

time and time again on a description of the situation on the ports 

of entry and the fact that, you know, that it is inadequate. We really need to beef up on Customs. I know the Border Group Commission recommended some 5,000 additional people needed on the 

ports of entry. We have really seen since 9/11, you know, it was 

gradually increasing. It has dropped tremendously now, and those 

waiting periods do hurt us. 

JIATF ALONG SOUTHWEST BORDER CONT. 

And I don’t have to tell you, I have said this time and time 

again, the terrorists want to hurt us economically. We don’t need 

to do that to ourselves, and we are. You know, there is no doubt 

about it. That stimulus money, a lot of it went—well, the majority 

of it went to Nogales. Texas didn’t see a single bit of that. And so 

I would ask that we really need to prioritize those ports of entry 

and beefing up on Customs, if we can make that happen. 

Thirdly, there was agreement with Condoleezza Rice also before 

in December of 2008 as it looks with Canada and Mexico as it deals 

with natural disasters and problematic situations. And I know that 

is maybe under our other cardinal that is here, but it is an important issue that we begin to move in that direction. It talks about 

how we can coordinate efforts. Because I had a tornado in Eagle 

Pass where I lost seven lives. And it talks about manmade disasters. I just had a major flood in the Presidio caused by the dams 

that let go of the water on the Mexican side. 

So somehow, you know, that is a great agreement. We just need 

to put some teeth into it and put some resources into it. And maybe 


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it comes from another committee, you know, but FEMA I know is 

one that could be helpful in that area through Homeland Security. 

And that particular one also talks about the importance of communication with the other side, including Canada; the resource deployment; the evacuation; the analysis for risk. And so I would ask 

that you look at that, and mainly, I guess, from a FEMA perspective. But, you know, next time I know you will probably be coming 

to us this coming year again, I would be asking you where we are 

at on that particular agreement with both Mexico and Canada. 

The other, I just want to—once again want to just thank the 

Chairman for allowing us to do this. And maybe later on I would 

suggest that we get a little briefing on the Canadian situation. I 

was alarmed that on the Canadian side, when we went down there, 

they were telling me that the amphetamines are coming, they are 

just being produced and just coming in on the Canadian side. My 

God, you talk about fences on the southern side, we didn’t have a 

single fence there. I mean, even in Texas on the roads we had medians with barriers. We didn’t even have a barrier between the median on the Canadian and the U.S. side, not to mention the fact 

that up here we get stopped 20, 60 miles up the road. And I know 

we are going to be going to the Vancouver situation down there 

with the Winter Olympics in terms of the plan that you might have 

there and how we might deal with that, Mr. Chairman. 

Thank you. 

Mr. PRICE. Sounds like a full agenda for the season to come. 

Mr. Calvert. 

AUTOMATIC AND HIGH-CALIBER WEAPONS

Mr. CALVERT. Thank you, Mr. Chairman. 

I have another question, but I am going to go back to the weapons just for a second. 

Would you say that the drug cartels’ weapons of choice, if they 

could get ahold of them, is the fully automatic weapon? 

Mr. AHERN. I think the weapon of choice is the one that creates 

the most harm. 

Mr. CALVERT. Okay. So AK–47, some of the high-caliber weapons. The percentage of fully automatic weapons and high-caliber 

weapons that you have knowledge of, and obviously that is happening in Mexico, what percentage of those do you think are coming out of the United States since the—I will just ask that question. What percentage of those are coming out of the United 

States? 

Mr. AHERN. Perhaps Mr. Morton wants that, but I wouldn’t speculate as to a percentage. 

Mr. CALVERT. Would the accurate number be close to zero? 

Mr. MORTON. I really don’t know the answer to that question. I 

would ask the ATF. 

Mr. CALVERT. Okay. How many have you seized as they come 

across the border? 

Mr. AHERN. As I mentioned earlier, the total number of weapons—— 

Mr. CALVERT. Fully automatic weapons. 

Mr. AHERN. I have to get the breakdown, as I mentioned earlier, 

because I don’t want to—— 


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Mr. CALVERT. Is it close to zero, you think? 

Mr. AHERN. No. I think there has been some. 

Mr. CALVERT. Some. But the overwhelming majority of these 

weapons that are coming into Mexico that are being used primarily 

by these drug cartels, would it be accurate to say they are coming 

from the south of the border, primarily former military sales? 

Mr. CALVERT. I am taking this from press accounts, not from intelligence accounts, just from press accounts. 

Mr. MORTON. I am not in a position to answer that question. I 

think the big question, as Mr. Ahern has identified, we don’t seize 

a large number of weapons. The Mexicans seize weapons; and the 

question is, where did those weapons come from, and how did they 

get there? 

AIR AND MARINE OPERATIONS CENTER (AMOC)

Mr. CALVERT. Maybe in the right venue you might want to address that issue. 

Of the fully automatic weapons that are being used in Mexico at 

the present time by the drug cartels, where are those weapons coming from? I think it might be instructive to the committee. 

The issue that I want to bring up is the AMOC in Southern California. Certainly I am proud to have that in my district, but it has 

been doing, I think, a good job. As you know, it is the 24/7 operation center to guard America’s borders. What is the current status 

and future concept for expanding the role of AMOC in coordinating 

investigations, interdictions of noncommercial aircraft to transport 

contraband, and, specifically, financial instruments, or cash, from 

the United States to Mexico? 

Mr. AHERN. Certainly, as far as I will speak, as the agency that 

owns the Air and Marine Operations Center (AMOC), it is a tremendous asset for this organization, and we are happy to have it 

in your district. There has been a lot of expansion out there. We 

now have several different agencies from the Government of Mexico 

that are actually housed in the AMOC so that we can actually resolve a lot of issues along our southern border where there is air 

incursion. So we are looking forward to continuing that relationship going forward. 

On the investigations, I will refer to our investigative arm within 

DHS, Mr. Morton, on that. But I think one of the issues of concern 

that is a substantial challenge is when we are actually tracking the 

domestic routes of aircraft in the United States. It is very easy to 

go ahead and amend a flight plan while in flight and then to be 

able to divert and head south. So that presents challenges for 

things to move south, whether it be money or weapons or other 

challenges. We need to find a way to go ahead and deal with that 

issue in a more effective way than we currently have thus far. That 

is going to be one of the undertakings—— 

Mr. CALVERT. On that, is the Mexican Government cooperating 

with you on information and technology if there is a diversion of 

the flight plan, those planes moving south? Do the Mexicans intercept that aircraft? 

Mr. AHERN. On some occasions, we have had some success. 

Again, having the assets, we are going to continue—— 

Mr. CALVERT. You say ‘‘some.’’ Is that a minority of occasions? 


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Mr. AHERN. Infrequent occurrences, but we need to give the 

exact numbers to you. But I will tell you that we need to go ahead 

and do a better job on that because I think that is a gap. 

Mr. CALVERT. Of the aircraft that you know is changing the 

flight path, do you typically have the tail number on that aircraft, 

where that aircraft can’t be used again? 

Mr. AHERN. We would have the information of an aircraft tail 

number, yes. 

Mr. CALVERT. So what typically happens to that aircraft once it 

goes into Mexico? It never comes back up here again? 

Mr. AHERN. Well, some certainly may return, and some may just 

continue with their pattern south, never to be seen again here in 

the United States. But, again, each case will stand on its own set 

of facts. 

Mr. CALVERT. Mr. Morton, do you have anything to add to that? 

Mr. MORTON. With regard to the criminal investigation or the 

question of the aircraft? 

Mr. CALVERT. The question of the aircraft. And I guess I would 

ask, too, how many aircraft, say, in a year, divert flight path? Is 

it a significant number of aircraft that follow a flight plan and then 

they divert to the south? 

Mr. AHERN. I would need to get the specific number from our Office of Air and Marine and the AMOC folks. I don’t think it is a 

substantial number, but I think even a small universe of that population could potentially create a challenge. 

Mr. CALVERT. Thank you. 

[The information follows:] 

Rep. Calvert—In FY 2009, how many planes did CBP intercept that diverted from 

their original flight plan? 

Response: CBP Office of Air & Marine is unable to quantify the number of aircraft 

intercepted as a result of diversion from original flight plan. Pilots involved in illicit 

cross border activity do not file a published flight plan and the final destination of 

aircraft is unknown. Therefore, it is not possible to quantify the number of detection/intercept and identification that resulted in a diversion to an alternate destination. Changes in direction of flight by suspect aircraft occur with such frequency 

that this behavior alone is not a valid indicator of criminal activity and impossible 

to monitor nationwide. 

Mr. PRICE. We clearly are going to have to wrap up because of 

the votes on the floor. 

With the number of members waiting, what I am going to suggest is this: that we limit the question period to 2 minutes and that 

we get just as far as we can. That would mean now turning to Mrs. 

Lowey. 

LICENSE PLATE READERS

Mrs. LOWEY. Thank you, Mr. Chairman. 

Just for the record, because you asked before, $170 million has 

been appropriated for Central America since 2008. That is without 

fiscal year 2010 money, which is not official, so I can’t announce 

it. And $700 million has been appropriated to Mexico for the 

Merida account. So it is a total of $870 million. 

I don’t want to respond to my good friend, Mr. Calvert, I will 

leave that to Mr. Farr. But I just had one other question I wanted 

to address, because the testimony mentioned the License Plate 


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Reader Program, which has been very successful with Ray Kelly in 

New York. 

Commissioner Ahern, I realize that in a public forum you are not 

going to tell us the exact location of the license plate readers, but 

does CBP have an adequate number to capture license plate information at every important crossing? And if not, how much does 

each reader cost and will the President’s fiscal year 2011 budget 

request include funding to have readers at every important place 

of entry? 

Mr. AHERN. That is a lot of detail, and I will give you an exact 

answer because we do have that all as part of our office within 

field operations. But I will be happy to tell you that on our northbound lanes coming from Mexico into the United States, every single lane actually does have a license plate reader, coming northbound. 

As we talked to this committee in the past, one of the issues we 

were looking for was additional license plate readers for southbound activity. So we do not have all the lanes covered southbound. 

But beyond just deploying the license plate readers—again, this is 

something where we introduce technology—the same challenge 

falls to us on developing the right concept of operations. If we are 

collecting a license plate as it is within yards of going into Mexico, 

it does not provide the tactical value where you can engage at that 

particular point in time for a stolen vehicle or a lookout vehicle. So 

we need to make sure that we find ways to move the license plate 

readers further into the United States to develop a tactical advantage. 

We are working in the interagency process on a better plan. We 

have actually introduced license plate readers at our Border Patrol 

checkpoints again as another layer going north, as well as some 

southbound further up the highway so we can have an ability to 

predict what is coming toward us in a more thoughtful way. So we 

have a very comprehensive plan. 

And then lastly, again, thanks to this committee for funding the 

Western Hemisphere Travel Initiative because we are able to refresh a lot of dated technology that had been deployed since the license plate readers were first introduced into our portfolio, probably 10 years ago. 

Mrs. LOWEY. Mr. Chairman, just turning to Mr. Farr, just for the 

record—they were delayed, but the five helicopters will be delivered 

in December. And if anyone wants to go to the celebration, I think 

it is December 14 in Mexico City. Colombia has really been amazing in providing technical assistance to Mexico as well. 

Thank you, Mr. Chairman. 

[The information follows:] 

Rep. Lowey—Does CBP have an adequate number of License Plate Readers (LPR) 

at every important crossing? If not, how much does each LPR cost and will CBP 

be requesting more in FY 2011? 

Response: License Plate Readers have become part of CBP’s overall border security strategy. Under the Western Hemisphere Travel Initiative (WHTI) CBP completed installation of new software, hardware and radio frequency identification at 

the top 39 high-volume land ports, which process 95% of land border crossings at 

over 354 inbound vehicle primary lanes. This WHTI technical solution included new 

integrated LPRs. CBP has met LPR requirements for inbound vehicle primary 

lanes. 


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CBP is developing an outbound technical LPR solution at all 110 southwest border vehicle primary lanes. This solution will support the Department’s goal to combat drug cartel-related violence and the illegal export of guns and money to Mexico. 

CBP is designing multiple solution scenarios at our Government Test Lane Facility 

(mock land border port) and will begin testing in the spring of 2010. These technical 

solutions will be piloted at actual land border ports of entry and support pulse and 

surge outbound enforcement operations. 

License Plate Readers are recognized as fundamental components to all technical 

solutions for outbound enforcement, whether it is a mobile, fixed, handheld, or gantry LPR. These solutions are tailored to the physical characteristics of the outbound 

environment at land ports (robust, limited, and constricted) and the technical solution which can support it. CBP estimates that these additional requirements for outbound combined with the technical connectivity and facility improvements to provide a safe and secure working environment will average approximately $50,000 for 

a mobile solution per lane and $200,000 per lane for a robust build out solution. 

With regard to whether CBP will be requesting additional funding for LPRs in FY 

2011, the FY 2011 Budget Request is under development and has not been released. 

Mr. PRICE. Thank you, Mrs. Lowey. 

Mr. Culberson. 

SPENDING MERIDA MONEY

Mr. CULBERSON. Thank you, Mr. Chairman. 

If I could ask the responses to be as quick as you can. I will ask 

the questions as quickly as I can. 

I understood you earlier, Commissioner Ahern, to say that it 

would be helpful if there was a plan, if the Mexicans had a plan 

as to how they were going to spend or use the Merida money; is 

that correct? 

Mr. AHERN. I think there is a plan on how they are going to 

spend the money, based on a lot of the technology. For instance, 

for the large-scale X-ray systems, we are using some of our procurement vehicles to help with the acquisition. 

But again my point is the experience that we have seen in the 

past in different parts of the world in drug-related preventive programs. There needs to be a comprehensive plan on how this will 

actually reduce the drug threat in a particular country, and I think 

that is just something we need to continue to improve upon. 

Mr. CULBERSON. On our side and on their side? 

Mr. AHERN. And certainly within the three departments that 

have leadership in this—DHS, DOJ and DOS—and then also with 

the Government of Mexico. 

PEOPLE CROSSING THE BORDER

Mr. CULBERSON. Let me ask you about the GAO report on the 

Border Patrol. They point out that the Department of Homeland 

Security—I am reading on page 5 of the report, Mr. Chairman— 

Department of Homeland Security Annual Performance Report for 

Fiscal Year 2008 through 2010 sets a goal for detecting and apprehending 30 percent of illegal activity at ports of entry in 2009; 

which, of course, says that 70 percent, at least, is getting through 

without being caught. 

What percentage today, other than of course in the Del Rio and 

Laredo sectors, and then Yuma where you are catching and arresting and prosecuting 100 percent of those you do catch, what percentage of the people crossing the border illegally do you believe 

are actually being apprehended? 


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Mr. AHERN. I don’t have a good answer right now to give you 

specifics on that, but we would be happy to go ahead and give you 

some of our data by sector. 

Mr. CULBERSON. Thank you. Actually, that would be very helpful 

if you could by sector, and the prosecution rate for those that you 

are apprehending, because it is still astounding. 

[The information follows:] 

Rep. Culberson—Please provide the apprehension and prosecution statistics from 

Border Patrol for FY 2009. 

Response: FY09 Prosecutions: 60,603. FY09 Apprehensions: 556,041. 

Mr. CULBERSON. We have really got to focus on that Tucson sector and do what we can to get streamlined up and down the border. 

Thank you very much. 

Mr. PRICE. Thank you. 

Mr. Farr. 

FEDERALLY LICENSED FIREARMS

Mr. FARR. I would like to just follow up on the confiscated weapons. We don’t confiscate that much, because we don’t inspect southbound. But how many federally licensed firearm stores are there 

along the border, how many licenses out there? 

Mr. AHERN. That would be a question that should be directed to 

ATF. 

Mr. FARR. And gun shows as well? 

Mr. AHERN. I would say that, again—— 

Mr. FARR. The figures I have are 7,000 licensed firearm dealers 

along the border. That is a good percentage of all in the country; 

5,000 gun shows along the border. In your working this new relationship with the ATF, is there an effort here to prevent proxy purchases from Federal firearm licensed dealers? 

Mr. MORTON. The short answer to your question is no from ICE’s 

perspective, because we have no statutory authority at all for Federal Firearms Licenses for licensees. Our authority that we bring 

to bear in the trafficking is we do have broad authority to prosecute the illegal export, but—— 

Mr. FARR. Last year, ICE testified that they had a difficult problem because the administrative regs would only allow one unannounced inspection in any of these licensed entities or gun shows, 

only one a year. And if personnel weren’t doing it, then ICE 

couldn’t go and do any inspection even on follow-up. So it just 

cramped their ability to follow up on some of these leads that they 

had. Has that been worked out? 

Mr. MORTON. I don’t think so. But I also don’t think that—I 

think your point is that ATF’s authority is limited to one a year, 

and I think that is right. 

Mr. FARR. We have some real problems. We are not doing proxy 

purchases, we are not doing the inspections frequent enough. We 

ought to reinstate the assault weapons ban. 

I do have the records from the Mexican Government; 93 percent 

of all the weapons seized—they seized them all over the country— 

whereas weapons from the United States, the majorities were along 

the border, the northern border. Most of the things they seized 

along the southern border were grenades and things coming up out 

of Central America. 


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So this really is a U.S. problem, and I think we ought to own up 

to it and not try to dismiss it; that we are not part of this gunsmuggling cartel that is going on and using our side of the border. 

Mr. CULBERSON. Mr. Chairman, one follow-up, very quickly. 

Mr. PRICE. Very quickly. 

Mr. CULBERSON. Very quickly, do you know what percentage of 

federally licensed firearm dealers in the United States are in violation of the law? Have you ever talked to ATF, or—— 

Mr. MORTON. I haven’t. I don’t know if—— 

Mr. CULBERSON. I asked that question in our other subcommittee, and they said, Sam, it was about a little less than 1 

percent. So it is really not the licensed gun dealers that are the 

problem, and it is not evident at the gun shows either. 

Mr. PRICE. We clearly have some deficiencies in data and some 

differences in information. I am going to formulate a request for 

the record. 

I don’t think there is any question that CBP has recorded about 

79 incidents of southbound smuggling of firearms and ammunition 

since March. And as Mr. Farr says, there are many, many incidents of confiscation on the Mexican side, far exceeding what we 

detect by southbound inspections. 

So we are going to ask of you your best estimates here. We have 

had a lot of figures and characterizations thrown back and forth, 

so we are going to ask you to do the best job, in cooperation with 

ATF, to give us an estimate of the volume of weapons and ammunition moving south to Mexico from the U.S., some estimate, if you 

can provide it, of what percentage of the whole that is, the types 

of weaponry that are involved, and then of course any suggestions 

that you have or any discussions you have underway about how 

our government can make it more difficult for smugglers to acquire 

weapons for the cartels. Presumably we all want to see that carried 

out, even though we may have somewhat different assessments of 

the scale of the problem. So we will be formulating a request for 

that information for the record. 

FEDERALLY LICENSED FIREARMS CONT. 

Mr. CULBERSON. Mr. Chairman, could we also ask them to tell 

us what percentage of the guns they are seizing were obtained legally through licensed Federal firearm dealers or illegally? Can 

they be traced? 

Mr. PRICE. Of course that would be valuable information, if that 

is obtainable. 

With that, we do need to adjourn for the votes on the floor. I 

want to thank all three of you for your good work and for your testimony here today. This is a hearing, obviously, that is a follow up 

from last spring. And believe me, as the budget season approaches, 

we will be talking more about the subjects raised here today. We 

thank all of you. 


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W I T N E S S E S 

Page 

Ahern, Jayson P ....................................................................................................... 26 

Morton, John ............................................................................................................ 38 

Silver, Mariko .......................................................................................................... 15 


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(III) 

I N D E X 

CONFRONTING THE CARTEL: ADDRESSING U.S.-MEXICO 

BORDER SECURITY 

Page 

Opening Statement of Chairman David Price ....................................................... 1 

Opening Statement of Ranking Member Harold Rogers ...................................... 8 

Statement of Mariko Silver, Deputy Assistant Secretary for International 

Policy, Department of Homeland Security ......................................................... 15 

Statement of Jayson Ahern, Acting Commissioner, U.S. Customs and Border 

Protection .............................................................................................................. 26 

Statement of John Morton, Assistant Secretary for U.S. Immigration and 

Customs Enforcement .......................................................................................... 38 

Additional CBP Air Support ................................................................................... 97 

Air and Marine Operations Center (AMOC) ......................................................... 80 

Amend Federal Gun Laws ...................................................................................... 59 

Automatic and High-Caliber Weapons ................................................................... 79 

Border Area Drug and Cash Seizures .................................................................... 93 

Border Fencing ......................................................................................................... 63 

Border Still Not Secure ........................................................................................... 57 

Border Technology ................................................................................................... 107 

Budget Coordination with Justice Department .................................................... 66 

CBP & ICE-Weapons Seizure Data/Issues ............................................................ 102 

Challenges in Central and Latin America ............................................................. 73 

Combating Violence at the Southwest Border ....................................................... 111 

Controlled Substance Project .................................................................................. 101 

Coordination with Law Enforcement Agencies ..................................................... 69 

Coordination with National Parks ......................................................................... 105 

Correlating Budget Increase to Success ................................................................ 68 

Correlation Between Influx of Legal Mexican Nationals and Crime .................. 55 

Deployment of BESTs ............................................................................................. 61 

DHS Cooperation with DOJ for Budget Requests ................................................ 111 

Drop in Crime Rate ................................................................................................. 64 

Drug Cartels ............................................................................................................. 56 

Federally Licensed Firearms .................................................................................. 84 

How 2010 Funding Will be Used to Address SW Border Issues ......................... 98 

ICE’s Cooperation with DEA and ATF .................................................................. 108 

ICE-Detention Issues .............................................................................................. 103 

Intensifying Cartel Violence in Mexico .................................................................. 91 

International Prosecution of Fraudulent Gun Purchasers ................................... 97 

JIATF Along Southwest Border ............................................................................. 76 

Lack of Trust with Mexico Still Exists .................................................................. 53 

Legalization in Mexico and its Impacts ................................................................. 106 

License Plate Readers ............................................................................................. 81 

Merida Initiative ...................................................................................................... 72, 91 

Multi-Agency Cooperation at the Border ............................................................... 113 


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IV 

Non-Intrusive Inspection Technology ..................................................................... 100 

Oasis Program .......................................................................................................... 71 

Open Source Information ........................................................................................ 106 

Operation Streamline .............................................................................................. 64 

Origin of Weapons in Mexico .................................................................................. 58 

People Crossing the Border ..................................................................................... 83 

Questions for the Record Submitted by Chairman David Price .......................... 88 

Questions for the Record Submitted by Ranking Member Harold Rogers ......... 102 

Questions for the Record Submitted by the Honorable Alan Mollohan........... 108, 111 

Questions for the Record Submitted by the Honorable Ciro D. Rodriguez ......... 105 

Questions for the Record Submitted by the Honorable Sam Farr ....................... 113 

Safe Effective Deployment of CBP Agents ............................................................ 51 

Spending Merida Money ......................................................................................... 83 

Spillover Violence .................................................................................................... 52 

Strategy to Address Roots of Cartel Authority and Build Mexican Capacity ..... 88 

Successful Prosecutions of Fraudulent Gun Purchasers ...................................... 95 

Tackling Southbound Flow of Drugs ...................................................................... 60 

Targeting the Cartels .............................................................................................. 93 

Terrorists Apprehended by Border Patrol ............................................................. 65 

Thresholds for Determining Prosecution ............................................................... 65 

Transporting Illegal Immigrants Through Texas ................................................. 54 

U.S.-Mexico Partnership to Combat Cartels ......................................................... 51 

Violence Remains Unabated in Mexico, Yet Little Spills into the United 

States .................................................................................................................... 92 

Weapons Seizures From the United States to Mexico .......................................... 74 

Working Relationship Between ICE and ATF ...................................................... 95 

Æ 


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