STATEMENT
OF
MARK P. HALL
PRESIDENT
LOCAL 2499
(MICHIGAN AND OHIO)
NATIONAL BORDER PATROL COUNCIL
OF THE
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES
AFL-CIO
HOW THE IMMIGRATION AND NATURALIZATION SERVICE
PROCESSES PERSONS ARRESTED FOR ILLEGAL ENTRY INTO
THE UNITED STATES OUTSIDE PORTS OF ENTRY
BEFORE THE
PERMANENT SUBCOMMITTEE ON INVESTIGATIONS
COMMITTEE ON GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
TUESDAY, NOVEMBER 13, 2001
DIRKSEN SENATE OFFICE BUILDING
ROOM 342
9:30 AM
Mr. Chairman and members of the Subcommittee, my
name is Mark Hall. I am the President of Local
2499 of the National Border Patrol Council in
Detroit, Michigan. My local union represents U.S.
Border Patrol agents assigned to patrol the U.S.-Canada
border throughout Michigan and Ohio. I have had
the honor to proudly serve my country as a U.S.
Border Patrol agent for over 17 years, 14 of them
in Detroit, Michigan. I want to thank you for
this opportunity to testify on how the
Immigration and Naturalization Service (I&NS)
processes persons arrested for illegal entry into
the United States outside ports of entry.
In the aftermath of the tragic attacks that
occurred on September 11, 2001, there is a
compelling need to re-examine how the I&NS
processes aliens arrested entering the United
States illegally.
Unlike the U.S.-Mexico border, where the
overwhelming majority of the illegal aliens who
are apprehended are citizens of the contiguous
country and can be returned there expeditiously,
most of the illegal aliens apprehended on the
northern border must be held for several days in
order to secure the necessary travel documents
and/or make travel arrangements to return them to
their country of origin. In most of these
locations, including Michigan, the I&NS does
not have facilities to house such aliens, and
must rely on available jail space with local
agencies, which charge a high price for this
space. Therefore, aliens are often released into
local communities on their own recognizance in an
effort by the I&NS to save money and remain
within their budget.
This practice was commonplace before September 11th
and has not changed since. Although it is
expensive to detain and remove illegal aliens
from our country, it is far more costly to
release potential terrorists into our communities.
Representatives of this union have often pleaded
with local I&NS and Border Patrol management
to reconsider this “catch and release”
philosophy, but have been ignored. This policy,
combined with a decided lack of attention to our
northern border, has been an inviting beacon for
illegal entry into our country.
The Canadian government allows citizens of more
than 50 countries to enter Canada without a visa.
The United States requires a visa for citizens of
more than 20 of the 50 counties for which Canada
has waived the visa requirements. The Criminal
Intelligence Service of Canada stated in its 1998
annual report that many illegal aliens use Canada
as a transit point on their way to the United
States. In many cases, their entry is facilitated
by the fact they do not need a visa to enter
Canada.
Aliens attempting illegal entry into the United
States from Canada have two basic choices when
crossing our border. They can either try to
fraudulently enter through a port of entry or
attempt to enter illegally between ports of entry.
Aliens who attempt illegal entry by fraud or
deceit at a port of entry will be interviewed by
a U.S. Immigration Inspector or a U.S. Customs
Inspector. If caught, they can be held in the
United States on criminal charges or refused
entry and sent back to Canada. If they are sent
back to Canada, they face possible removal to
their country by Canadian authorities.
The other, less risky, option available to the
alien is to cross the nearly 4,000 miles of
sparsely protected U.S.-Canadian border between
the ports of entry. An alien risks little chance
of apprehension by one of the 334 Border Patrol
agents who patrol the border with Canada. In the
Detroit Sector, when agents arrest aliens
entering illegally, they transport the aliens
back to their station and begin processing the
aliens for an immigration hearing.
During the processing, it is the agents who
decide which, if any, criminal checks they will
run on the aliens. The I&NS has no policy
mandating that any records checks must be
completed on aliens who are arrested. Even if an
agent decides to run such checks, the accuracy
thereof is greatly compromised by the fact that
it is difficult to positively identify aliens
because they rarely carry a passport or other
form of identification. Thus, agents must rely on
aliens who have consciously chosen to break our
immigration laws to provide honest information
about themselves. In many cases, it is impossible
to verify such information, as there is no
biometric record from any previous encounters.
Prior to September 11th, Border Patrol
agents very seldom received terrorist look-out
lists. In one case several years ago, I assisted
the U.S. Coast Guard in the arrest of six Syrians
who attempted entry illegally into Detroit. Only
at that point did I learn that they, along with
14 others, were on a suspected terrorist look-out
list. The Coast Guard had the list, but the
Border Patrol did not.
As the processing continues, the agents, who have
little verified information in hand, serve the
aliens a form delineating the section(s) of the
immigration law they are alleged to have violated.
A box marked “own recognizance” is
usually checked, and the aliens are then allowed
to walk out the door into our communities. Very
seldom does the alien even provide a U.S. address
or phone number. Before they vanish into our
communities, they are asked to send the I&NS
their U.S. address when they take up residence.
Of course, they rarely do.
Unfortunately, the practice of “catching and
releasing” even extends to criminal aliens
at times. In one recent case, a Detroit Sector
Border Patrol agent tracked down and arrested an
illegal alien who had been convicted of drug
trafficking at least five times. When arrested,
he had identifications and driver’s licenses
from seven different states. The agent naively
thought the alien would be held without bond for
his immigration hearing, as provided by law. The
agent was wrong. The illegal alien felon was
ordered released by local Border Patrol
management over the strong protests of the
arresting agent.
In 1996, Blaine, Washington Border Patrol agents
arrested terrorist Abu Mezer not once, but three
times entering the U.S. illegally. Even after his
third arrest, Mezer was released. Several months
later Mezer was shot by New York City Police just
hours before his planned attack on the New York
subway system.
Aliens and smugglers are well aware of the
practice of “catch and release.” This
is demonstrated by one particular case at the
freight train tunnel connecting Detroit, Michigan
and Windsor, Ontario, Canada. The aliens,
entering illegally, walked through the tunnel
from Canada and neared the exit on the U.S. side.
The agents illuminated them with their
flashlights and identified themselves as Border
Patrol agents. Instead of turning and running,
the aliens simply continued to the exit and
surrendered to the waiting agents. Clearly there
was little if any fear by the aliens of being
held and deported. Sure enough, the aliens were
processed and released on their own recognizance
within a few hours.
In some instances, aliens are arrested by Border
Patrol agents and a determination is made to hold
them pending the posting of a cash bond. The
aliens are then turned over to the I&NS’
Detention and Deportation Section. Frequently
though, the Deportation Section will rescind
these bonds and release the aliens on their own
recognizance. This dangerous practice continues
today.
When illegal aliens are released, we send a
disturbing message. The aliens quickly pass along
the word about how easy it is to enter this
country illegally and remain here. This practice
is devastating to a sound border enforcement
strategy. It has also negatively affected
employee morale, leaving agents with little sense
of accomplishment and job satisfaction.
Rather than recognize and address any
shortcomings, our local managers’ response
has been to threaten those who speak out. As a
result of speaking to the press recently in my
capacity as a Union official, they have proposed
to demote me for one year and suspend me without
pay for 90 days. On a broader scale, some high-level
Border Patrol managers support proposals to
remove the Border Patrol from the I&NS in the
hope that the union will be dismantled as a
result of such reorganization. It is my hope that
the new I&NS Commissioner will act quickly to
redirect the energies of some of his subordinates
in more positive directions. I am encouraged by
his support of rank-and-file employees on such
issues as the pay structure of Border Patrol
agents, and hope that this will translate into a
willingness to work with the union on other
issues of mutual concern.
I am proud to be a member of the United States
Border Patrol. As a member and officer of this
union, I am constrained to voice my belief that
local I&NS managers have not allowed us to
protect this great nation’s sovereignty to
the best of our abilities. In fact, on September
11th and the following days, local
Border Patrol managers emphasized that it was
“business as usual” despite the fact
that acts of terror had been perpetrated against
our country.
Without detention and removal, there is no
deterrent to stem the flow of aliens, some of
whom seek to destroy the freedoms and way of life
that we cherish. I therefore urge the members of
this Subcommittee to aid us in performing our job
by providing us with the resources and direction
to fully enforce our nation’s immigration
laws.
Mr. Chairman and members of the Subcommittee, I
thank you again for this opportunity to testify,
and will be pleased to answer any questions that
you might have.
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