Thread by @ReichlinMelnick

At 10AM the Senate Homeland Security and Governmental Affairs Committee (HSGAC) will be holding a hearing on "Unprecedented Migration at the U.S. Southern Border: What Is Required to Improve Conditions?" where @DHSOIG and @CBPMarkMorgan will testify.

I'll be livetweeting here!

@DHSOIG @CBPMarkMorgan Today's hearing is airing on C-Span at the following link.

This is the first time that Mark Morgan (former Obama Border Patrol Chief and former Trump Acting ICE Director) is going in front of Congress in his new role as Acting CBP Commissioner.
c-span.org/video/?463040-…

@DHSOIG @CBPMarkMorgan Today's hearing will also feature the third (possibly fourth?) appearance in front of Congress from Jennifer Costello, the Acting Inspector General of @DHSOIG. She has previously testified about the OIG's reports. Here's a thread about one of such reports.

https://twitter.com/ReichlinMelnick/status/1146109945236086784

@DHSOIG @CBPMarkMorgan Here's another link to today's hearing if you want to follow along at home without going through C-Span (which maybe sometimes requires a cable login?) hsgac.senate.gov/unprecedented-…

@DHSOIG @CBPMarkMorgan And the hearing begins with Sen. Johnson, who begins by emphasizing that "nobody is satisfied with the conditions at the border" and asks that people at the hearing concentrate on the purpose of the hearing, which is reportedly to improve conditions.

@DHSOIG @CBPMarkMorgan Sen. @RonJohnsonWI suggests that we still have close to 3,000 people a day, and indicates his belief that this is the main cause of bad conditions at the border.

Both Ds & Rs agree overcrowding has been a main cause of bad conditions, but offered solutions are very different.

@DHSOIG @CBPMarkMorgan @RonJohnsonWI .@RonJohnsonWI emphasizes again his belief that high numbers are the main cause of bad conditions at the border. He rejects claims that CBP agents have treated people poorly, saying "There may be a few bad apples" but most agents are doing their best."

.@RonJohnsonWI again returns to what he thinks is goal one.

"The first goal of our policies should be to reduce that flow."

By contrast, many Dems think the first goal to should be to treat people in government custody in an humane way that follows our own laws.

@RonJohnsonWI We move now to Sen. @GaryPeters, who begins with similar themes to Johnson about "unprecedented numbers of families and children seeking asylum" stressing the system, but also brings up "unacceptable" conditions and "problems within the agency's culture" that must be addressed.

@RonJohnsonWI @GaryPeters Both Sen. @GaryPeters and Sen. @RonJohnsonWI mentioned that border numbers have dropped in July. Here's some background on those numbers, which show that border apprehensions flattened out in the first weeks of July, though they remain high.

https://twitter.com/ReichlinMelnick/status/1154057562477735937

@RonJohnsonWI @GaryPeters Now on to the opening statement of @CBPMarkMorgan, who begins with a story about smugglers acting incredibly terribly and agents saving the lives of a paraplegic man dropped into the river.

I think everyone can agree many coyotes do terrible things and that CBP save laws.

@RonJohnsonWI @GaryPeters @CBPMarkMorgan .@CBPMarkMorgan says it is "simply not true" that CBP agents have made individuals drink from toilets, failed to provide toothbrushes, and run concentration camps.

On at least toothbrush denials, CBP's failure to provide them is extremely well-documented. Morgan is wrong.

@RonJohnsonWI @GaryPeters @CBPMarkMorgan .@CBPMarkMorgan says that rather than focusing outrage at conditions at the border, people should focus instead on the awful behavior of the cartels.

But it's worth noting that many @CBP policies, like metering, actively benefit the cartels and corruption news.vice.com/en_us/article/…

@RonJohnsonWI @GaryPeters @CBPMarkMorgan @CBP .@CBPMarkMorgan refers to a "surge of humanity" and says that "In some sectors, up to 50 percent of agents are pulled off the line to support the extraordinary humanitarian effort at the border."

As with most of these hearings, no mention of the reasons people are fleeing harm.

@RonJohnsonWI @GaryPeters @CBPMarkMorgan @CBP Throughout these hearings, DHS's failure to even *mention* that many people have legitimate reasons to be fleeing their home countries and seeking asylum seeks volumes. The agency clearly thinks providing humanitarian protection is largely irrelevant.

@RonJohnsonWI @GaryPeters @CBPMarkMorgan @CBP We move now to @DHSOIG's Jennifer Costello, who is discussing conditions in CBP holding facilities at the border. Rather than livetweet her statement, I'll just link to the other report she'll be talking about (see link to first one up-thread).

https://twitter.com/ReichlinMelnick/status/1134506929542352897

@RonJohnsonWI @GaryPeters @CBPMarkMorgan @CBP @DHSOIG What's always interesting about having Acting IG Costello at these hearings is that the person sitting next to her from DHS just said "Everything is fine, we are not failing to provide anything," and then she testifies just minutes later "Actually, we saw that you weren't."

@RonJohnsonWI @GaryPeters @CBPMarkMorgan @CBP @DHSOIG Costello's statement today is (I believe) identical to her statement from a few days ago when she was last in front of Congress. As then, she emphasizes that their inspectors did not see bad behavior from CBP agents.

Of course, most agents won't act badly in front of OIG...

@RonJohnsonWI @GaryPeters @CBPMarkMorgan @CBP @DHSOIG .@RonJohnsonWI asks Costello—"These border patrol stations are basically police stations, correct?"

They were built as police stations, but for YEARS now, CBP has been holding people far longer than a few hours.

Here's a 2015 report from us on this. americanimmigrationcouncil.org/research/hiele…

@RonJohnsonWI @GaryPeters @CBPMarkMorgan @CBP @DHSOIG Any discussion of CBP's capacity must include the fact that CBP has routinely held people for longer than 72 hours, dating back years. No person in a police holding cell is there that long. As Border Patrol itself has admitted in court, people in jail are treated much better.

@RonJohnsonWI @GaryPeters @CBPMarkMorgan @CBP @DHSOIG A discussion now between @RonJohnsonWI and @CBPMarkMorgan on why unaccompanied children were held for longer than allowed by law. Both agencies blame HHS ORR for not having enough space.

But as @Haleaziz discovered, that may not have been entirely true. buzzfeednews.com/article/hameda…

@RonJohnsonWI @GaryPeters @CBPMarkMorgan @CBP @DHSOIG @Haleaziz On CBP agents, @RonJohnsonWI dismisses concerns of bad behavior and says "There may be a few outliers, there may be a few instances" but the vast majority of agents don't have a problem.

Johnson says his main concern is the health of officers, including exposure to illnesses.

@RonJohnsonWI @GaryPeters @CBPMarkMorgan @CBP @DHSOIG @Haleaziz I think it's notable that Sen. @RonJohnsonWI's main concern is the health of CBP officers—and not the health of the people in CBP custody, including the children and families.

Multiple children died in CBP custody from illnesses! One kid died of the flu! texasmonthly.com/news/autopsy-d…

@RonJohnsonWI @GaryPeters @CBPMarkMorgan @CBP @DHSOIG @Haleaziz Now to Sen. @GaryPeters who notes "wide-ranging" challenges that require "significant coordination" between multiple agencies and state and local governments. He asks @CBPMarkMorgan about their coordination with USCIS, ICE, and HHS ORR.

Morgan says it's daily coordination.

@RonJohnsonWI @GaryPeters @CBPMarkMorgan @CBP @DHSOIG @Haleaziz .@CBPMarkMorgan says that "single adults" present a significant challenge right now because they need to hold them for transfer to ICE, but ICE doesn't have enough beds.

But CBP can always *release* people rather than locking them in inhumane conditions.

@RonJohnsonWI @GaryPeters @CBPMarkMorgan @CBP @DHSOIG @Haleaziz .@GaryPeters asks who at the White House is involved in coordinating border agencies, seemingly trying to get @CBPMarkMorgan to admit that Stephen Miller is the real force in charge. Morgan isn't playing along and dodges.

@RonJohnsonWI @GaryPeters @CBPMarkMorgan @CBP @DHSOIG @Haleaziz Sen. @GaryPeters asks now about funding, including the $128M for contract medical professionals appropriated in Feb 2019.

@CBPMarkMorgan doesn't have exact numbers for Sen. Peters on how that money was spent. Morgan says he'll follow up later with the data.

@RonJohnsonWI @GaryPeters @CBPMarkMorgan @CBP @DHSOIG @Haleaziz Sen. @GaryPeters asks @DHSOIG what else they're investigating. Costello says they did other unannounced inspections and there will be a "capping report" this fall identifying findings in all facilities. OIG will also audit CBP spending, asylum seekers at the southern border...

...OIG will also investigate family separation, whether families had a chance to reunify, data tracking on families, and others. She says the data tracking report will be first (likely around Sept), and other reports will come out near the end of the year.

.@RonJohnsonWI asks @CBPMarkMorgan about doctors who want to go down to the border to help. Morgan "anyone who wants to come and assist us with our expanding medical care" should talk to them, but as Johnson admits, there are serious obstacles to that.

@RonJohnsonWI @CBPMarkMorgan Now to Sen. @robportman, who begins by saying "This is a tough issue" and building consensus is hard. "It's a bad situation" at the border, he says, citing his own visits to the border.

Portman says that families he talked to expected to be released into the US.

@RonJohnsonWI @CBPMarkMorgan @robportman Despite Sen. @RobPortman briefly mentioning "root causes," yet again, no mention of the multitude of legitimate reasons that individuals are fleeing their home countries, and their rights under American and international law to seek asylum.

Sen. @RobPortman mentions individuals showing up for their final hearing, says he's been told that "fewer than half" show up for their final hearings. @CBPMarkMorgan says "That is accurate."

Readers. That is NOT accurate, in any way, shape, or form. immigrationimpact.com/2019/01/30/asy…

@robportman @CBPMarkMorgan We @immcouncil have a fact sheet coming out later today on this exact issue (stay tuned). Here's a chart from the fact sheet showing that over the past decade, in almost every year, less than 20% of people placed into removal proceedings miss court.

@robportman @CBPMarkMorgan @immcouncil Portman again makes the "police station" analogy to CBP custody. But the problem with that is that no one at a police station is held for more than 24 hours, as a general rule. It's the exact opposite in CBP custody.

CBP hates to admit it, but it's a detention agency.

@robportman @CBPMarkMorgan @immcouncil Sen. @robportman says that we have to expand ICE detention to alleviate overcrowding at CBP facilities.

Here's the problem; ICE has massively overspent beyond what Congress appropriated, in almost single year. Appropriators don't trust ICE right now.

https://twitter.com/ReichlinMelnick/status/1155865162206863361

@robportman @CBPMarkMorgan @immcouncil We move to @SenatorHassan, who begins by emphasizing that there are solutions which can address both root causes and conditions at the border, without eliminating Flores and massively expanding the detention and jailing of children and families.

@robportman @CBPMarkMorgan @immcouncil @SenatorHassan .@SenatorHassan asks @CBPMarkMorgan about bad conditions in the Clint facility, and Deputy Chief Hasting's claim that lawyers were making up bad conditions. She says when senior officials mislead, it does damage to CBP itself and "keeps us from addressing the root causes."

@robportman @CBPMarkMorgan @immcouncil @SenatorHassan .@SenatorHassan asks @CBPMarkMorgan to take action when any Border Patrol leader or subordinate "seeks to mislead Congress," and Morgan agrees.

@robportman @CBPMarkMorgan @immcouncil @SenatorHassan .@SenatorHassan emphasizes that CBP is facing its own "crisis" of bad treatment at the border and lack of care for people in its custody.

Morgan rejects any claim of a "culture" of bad behavior. In response, Hassan brings up the large membership of the Facebook group.

@robportman @CBPMarkMorgan @immcouncil @SenatorHassan .@SenatorHassan asks IG Costello about the Facebook group. She says that OIG is not investigating individuals officers over this as that's the responsibility of the Office of Professional Responsibility, but OIG is looking into high-level officials' knowledge of the group.

@robportman @CBPMarkMorgan @immcouncil @SenatorHassan .@SenatorHassan moves on to ask @CBPMarkMorgan about the Perceptics breach, where a subcontractor had data it wasn't supposed to have and got hacked. She runs out of time for questions and asks Morgan to follow up. vice.com/en_us/article/…

@robportman @CBPMarkMorgan @immcouncil @SenatorHassan We move to @SenatorLankford, who says he personally visited supply rooms at border stations recently, and rejects any claim that they're insufficient

Important to note about all of these is that supplies in supply room =/= supplies provided to people in custody.

@robportman @CBPMarkMorgan @immcouncil @SenatorHassan @SenatorLankford .@SenatorLankford says again that the problem is ICE not having enough beds, and blames the Abolish ICE movement. But again, ICE overspending has historically been a bipartisan issue, and the agency has massively expanded detention anyway.

@robportman @CBPMarkMorgan @immcouncil @SenatorHassan @SenatorLankford .@SenatorLankford now brings up the specter of individuals being released from the border who are criminals because they came in a family.

But by CBP's own statistics, individuals with criminal convictions and pending warrants make up just .98% of people arriving at the border.

@robportman @CBPMarkMorgan @immcouncil @SenatorHassan @SenatorLankford .@SenatorLankford now largely suggesting that there is a major crisis of people bringing babies that aren't their own to the border.

Again, this does happen, but every government statistic provided suggests this happens in a tiny fraction of the overall cases.

@robportman @CBPMarkMorgan @immcouncil @SenatorHassan @SenatorLankford We move to @SenJackyRosen who says that even with slightly imrpoved conditions at the border, "They are still no place for children."

She says CBP needs 3 changes:
1. More pediatric medical professionals.
2. Trauma informed child-welfare experts.
3. NGO access to help kids.

@robportman @CBPMarkMorgan @immcouncil @SenatorHassan @SenatorLankford @SenJackyRosen .@CBPMarkMorgan describes to @SenJackyRosen CBP's process for screening children, mentioning that agents will always refer kids to hospitals.

BUT! Border Patrol agents have admitted pre-completed medical forms. There are MANY flaws with the process. dallasnews.com/news/immigrati…

@robportman @CBPMarkMorgan @immcouncil @SenatorHassan @SenatorLankford @SenJackyRosen .CBPMarkMorgan mentions "detailed logs" as a way of ensuring that everyone gets proper care in facilities.

But of course, an overwhelmed agent can easily not provide that care and then log information saying that he did. This is a real concern.

@robportman @CBPMarkMorgan @immcouncil @SenatorHassan @SenatorLankford @SenJackyRosen .@SenJackyRosen asks about CBP complaint process, and @CBPMarkMorgan says that most don't report until outside CBP custody.

Morgan says "We absolutely take every allegation seriously." But CBP's own data shows in 96% of complaints, "no action" is taken. americanimmigrationcouncil.org/research/still…

@robportman @CBPMarkMorgan @immcouncil @SenatorHassan @SenatorLankford @SenJackyRosen .@CBPMarkMorgan and @DHSMcAleenan often say that there is a robust oversight process in place for CBP officers.

But again, our reports showed that CBP routinely lets officers get away with impunity, with no follow-up to the vast majority of complaints. americanimmigrationcouncil.org/research/no-ac…

@robportman @CBPMarkMorgan @immcouncil @SenatorHassan @SenatorLankford @SenJackyRosen @DHSMcAleenan Now to @SenatorSinema, who asks about the following report on treatment of children at the Yuma BP facility. Morgan says that CBP opened investigations immediately, and suggests changes to the complaint process when complaint originates with ORR.

azcentral.com/story/news/pol…

@robportman @CBPMarkMorgan @immcouncil @SenatorHassan @SenatorLankford @SenJackyRosen @DHSMcAleenan @SenatorSinema As follow-up, @SenatorSinema asks what the Office of Professional Responsibility actually does when taking discipline. Morgan says it's both direct against against agents and a broader sense to crack down on agents.

@robportman @CBPMarkMorgan @immcouncil @SenatorHassan @SenatorLankford @SenJackyRosen @DHSMcAleenan @SenatorSinema An interesting discussion between Morgan, Sinema, and Costello then follows about better coordination between OIG, CBP, Civil Rights and Civil Liberties (CRCL), and ORR to address large volumes of complaints and to avoid bottlenecks.

@robportman @CBPMarkMorgan @immcouncil @SenatorHassan @SenatorLankford @SenJackyRosen @DHSMcAleenan @SenatorSinema Now on to @SenatorCarper, who is the first to really have a long discussion about root causes, saying people tell him there are three main reasons they're coming: 1) economic opportunities, 2) violence in their home countries, and 3) endemic corruption.

@robportman @CBPMarkMorgan @immcouncil @SenatorHassan @SenatorLankford @SenJackyRosen @DHSMcAleenan @SenatorSinema @SenatorCarper .@SenatorCarper asks @CBPMarkMorgan whether people should be asked to apply for asylum at home first.

Morgan says forcing people to apply for asylum in 3rd countries would 'stem the flow.'

He says that low asylum grant rates = most asylum seekers not legitimate. Not true.

@robportman @CBPMarkMorgan @immcouncil @SenatorHassan @SenatorLankford @SenJackyRosen @DHSMcAleenan @SenatorSinema @SenatorCarper Morgan's claim that low asylum grant rates = low number of "legitimate" asylum seekers ignores that the Department of Justice under Trump has worked extremely hard to limit asylum eligibility, including yesterday's decision limiting family-based asylum.

.@SenatorCarper asks @CBPMarkMorgan: "Would you support expanding alternatives to detention?"

Worth noting ICE often gripes about ATDs in congressional hearings, but tells Congress in their budget documents that they love ATDs and they "enhance operational effectiveness."

@SenatorCarper @CBPMarkMorgan .@SenatorCarper now points to lower number of people coming from the El Salvador and suggests that the election of Nayib Bukele has led to people there "feel[ing] a sense of hope."

Carper also says the United States is to blame for a lot of corruption in the Central America.

@SenatorCarper @CBPMarkMorgan We move back to @GaryPeters who asks about the pilot program for Border Patrol officers to conduct credible fear interviews.

Just last night, NBC broke that emails showing that the program is Stephen Miller's baby, intended to limit access to asylum.
nbcnews.com/politics/immig…

@SenatorCarper @CBPMarkMorgan @GaryPeters One major revelation!

@CBPMarkMorgan tells Sen. @GaryPeters that Border Patrol officers carrying out what are supposed to be "nonadversial" credible fear interviews with asylum seekers remain in full uniform and carry their guns during the interview.

That is outrageous.

@SenatorCarper @CBPMarkMorgan @GaryPeters Sen. @GaryPeters asks Acting IG Costello about the varying reports from members of congress. Costello says conditions at the border were so variable that it makes sense. She notes inspectors were at Clint before the reports came out about it and didn't see as awful conditions.

@SenatorCarper @CBPMarkMorgan @GaryPeters We move finally back to Sen. @RonJohnsonWI who wants to ask about "the problems of releasing people coming across the border rapidly without really knowing really who they are."

Morgan says some families released within 48 hours.

@SenatorCarper @CBPMarkMorgan @GaryPeters @RonJohnsonWI Johnson says that this "represents a real danger, not only to our country, but to these individuals."

Again, CBP statistics show that individuals with criminal records make up <1% of people crossing the border. In FY2017, the lowest apprehensions in generations, it was 3.7%.

@SenatorCarper @CBPMarkMorgan @GaryPeters @RonJohnsonWI Sen @RonJohnsonWI now smearing unaccompanied teenagers, suggesting that they're most likely to be gang members.

But most of them are fleeing the gangs! They want to escape, they're not the gang members!

In 5 years, just 1,582 MS-13 members were caught at the border.

@SenatorCarper @CBPMarkMorgan @GaryPeters @RonJohnsonWI Sen. @RonJohnsonWI just echoed one of @CBPMarkMorgan's most infamous claims. Johnson said on a trip to the border, he saw a dad interact with a child and immediately determined that he was seeing a "fake family" and the dad wasn't the father.

Okay sure.🙄politico.com/story/2019/05/…

@SenatorCarper @CBPMarkMorgan @GaryPeters @RonJohnsonWI IMPORTANT CORRECTION.

Mark Morgan just said he was wrong about Border Patrol officers carrying out credible fear interviews wearing full uniforms and carrying guns. He says this is NOT the case, that he misspoke, and that he just got a correction from an aide.

@SenatorCarper @CBPMarkMorgan @GaryPeters @RonJohnsonWI Morgan just gave a ridiculous response about alternatives to detention. He says that they cost more "per removal" than detention, and says that's why ATDs aren't good.

"Cost per removal" is an invented and absurd measurement. It puts the cost of people who WIN on those who LOSE.

@SenatorCarper @CBPMarkMorgan @GaryPeters @RonJohnsonWI ICE and CBP have cited this absolutely crazy "cost per removal" statistic to argue against expanding alternatives to detention.

If 10 people placed on ATDs and 9 win, the "cost per removal" for the one person who lost would include all 9 winners!

That makes absolutely no sense.

@SenatorCarper @CBPMarkMorgan @GaryPeters @RonJohnsonWI Sen. @RonJohnsonWI makes a completely unsupported claim that the 2015 decision that prevented Obama from locking up families and kids indefinitely in family detention centers led to the current situation. The data does NOT support that, in any way.

https://twitter.com/ReichlinMelnick/status/1149749283622539264

@SenatorCarper @CBPMarkMorgan @GaryPeters @RonJohnsonWI The hearing is wrapping up right now with Sen. Johnson again emphasizing what he wants to change about the laws; making asylum laws harsher, allowing expanded detention for families, and speeding up the process.

I believe that due process demands more.

@SenatorCarper @CBPMarkMorgan @GaryPeters @RonJohnsonWI And that's it for the hearing. Thanks for following! Stay tuned later today for that fact sheet I mentioned.