Statement by Secretary of Homeland Security Jeh Johnson Before the Senate Committee on Appropriations
Release Date: July 10, 2014

Chairwoman Mikulski, Ranking Member Shelby, and Members of this Committee, thank you for the opportunity to testify today about the Department’s efforts to address the recent rise of unaccompanied children and adults with children crossing the southwest border in the Rio Grande Valley in South Texas.

The recent and dramatic rise in illegal migration across our border, from Honduras, El Salvador and Guatemala, presents a major challenge to the United States. Particularly because so many of those crossing our border are children, there is also a humanitarian dimension to this problem, which the U.S. Government is bound and determined to respect. As Americans, we will adhere to domestic and international law, due process, and the basic principles of charity, decency, and fairness. But, in the final analysis, our border is not open to illegal migration.

Our message is clear to those who try to illegally cross our borders: you will be sent back home. We have already added resources to expedite the removal, without a hearing before an immigration judge, of adults who come from these three countries without children. We have worked with the governments of these countries to repatriate the adults quicker. (Indeed, while in Guatemala City two days ago, I personally witnessed a flight of repatriated adults returning home.) Within the last several months, we have dramatically reduced the removal time of many of these migrants. Within the law, we are sending this group back, and we are sending them back quicker.

Then there are adults who brought their children with them. Again, our message to this group is simple: we will send you back. We are building additional space to detain these groups and hold them until their expedited removal orders are effectuated. Last week we opened a detention facility in Artesia, New Mexico for this purpose, and we are building more detention space quickly. Adults who brought their children here expecting to make it to the nearest bus station in the U.S. were surprised that they were detained at Artesia. They will be sent back quickly, with the sad recognition that the large sum of money they paid a criminal smuggling organization to get them to the U.S will go to waste.

Then there are the unaccompanied children. As I have said many times, the long journey for a child, in the custody of a criminal smuggling organization, from Central America to the United States is dangerous. Many of the children are exploited, abused and hurt. Under our laws, an unaccompanied child from Central America must be transferred from the Department of Homeland Security (DHS) to the Department of Health and Human Services (HHS) and placed by HHS in a situation that is in the best interest of the child. But, the removal proceeding against the child continues. Every child will retain the right, like adults, to assert a claim of asylum or seek other protections. But, unless the child has been granted asylum or some other protection in this country – and the vast majority will not – he or she will be sent back and we seek additional resources to do that quickly.

Those who cross our border illegally must know there is no safe passage, and no free pass; within the confines of our laws, our values, and our resources, they will be sent back to their home countries.

We have increased CBP staffing and detailed 115 additional experienced agents from less active sectors to augment operations there. On June 30, I announced the immediate deployment of 150 U.S. Border Patrol agents to the Rio Grande Valley Sector to augment illegal entry detection efforts while enhancing processing and detention capabilities.

Our plan of action is comprehensive and wide-reaching. However, the measures that we have taken – which have been critical and must be sustained – are and will continue to be costly. Many of these activities were not contemplated at the time Congress passed the fiscal year 2014 DHS appropriations act. With such a dramatic increase in the number of unaccompanied minors and family groups being apprehended, significant additional resources are needed. As a result, the President sent a letter to Congress on June 30, providing an update on the Administration's efforts to address this situation and requesting congressional action on emergency supplemental appropriations legislation to support the following:

• an aggressive deterrence strategy focused on the removal and repatriation of recent border crossers;
• a sustained border security surge through enhanced domestic enforcement, including interdiction and prosecution of criminal networks;
• a significant increase in immigration judges, reassigning them to adjudicate cases of recent border crossers, and establishing corresponding facilities to expedite the processing of cases involving those who crossed the border in recent weeks;
• a stepped up effort to work with our Central American partners to repatriate and reintegrate migrants returned to their countries, address the root causes of migration, and communicate the realities of these dangerous journeys; and
• the resources necessary to appropriately detain, process, and care for children and adults.

Specifically, the President has requested your support on emergency supplemental appropriations legislation providing DHS with $1.5 billion for fiscal year 2014 and 2015 costs related to surge in unaccompanied children and families. Of this amount, $433 million is included for CBP and $1.104 billion is included for ICE.

In cooperation with the other agencies of our government that are dedicating resources to the effort, with the support of Congress, and in cooperation with the governments of Mexico and Central America, I believe we can stem this tide and address the broader issues. The requested supplemental funding is critical to enabling the Department to fulfill its mission and address the dramatic surge in unaccompanied children and families in a manner that maintains border security and reflects our laws and values.

Thank you for listening and I look forward to your questions. <Source>

1. Aiding and Abetting Illegal Entry (8 U.S. Code § 1324)

Under 8 U.S. Code § 1324, it is a federal crime to knowingly assist, encourage, or induce a person to enter or attempt to enter the U.S. illegally. The penalties depend on the nature of the crime:

• For Individuals: If a person is found guilty of knowingly aiding or assisting an alien's illegal entry, they may face:

  • Fines and/or
  • Imprisonment for up to 5 years.

  This can apply to anyone, including people who assist with transport, housing, or other logistical support for individuals entering the country illegally.

• For Repeat Offenders: If a person has a prior conviction for similar offenses or engages in the activity for financial gain, the penalty can be more severe, with imprisonment up to 10 years.

2. Human Smuggling (8 U.S. Code § 1324)

If the individual is involved in human smuggling — which includes bringing people into the U.S. illegally with the intent to profit — the penalties are much harsher:

• Imprisonment for up to 10 years for the first offense.
• If the smuggling involves a minor or results in serious harm, the penalty can be as high as 20 years in prison.
• Fines may also be imposed, and they can be substantial.

3. Conspiracy or Attempt (8 U.S. Code § 1324)

If someone conspires with others to aid illegal entry, they can also face charges for conspiracy, which can carry similar or additional penalties.

4. Penalties for Corporations or Entities

If an organization or business is involved in smuggling or aiding illegal entry, the penalties can be severe. Businesses may face fines, loss of licenses, and legal action, depending on the scale of their involvement.