Lawmakers cite concerns about gaps in border security

Members of the Senate Judiciary Committee expressed concerns Monday that gaps in border security could be exploited by terrorists.

Sen. John Cornyn, R-Texas, said the government has "miserably failed" at enforcing border and immigration laws.

"No doubt, whatever the reasons, our current immigration system is badly broken. It breeds disrespect for law, and poses serious risks to our national security," Cornyn said during a joint hearing of two Senate Judiciary subcommittees.

Sen. Dianne Feinstein, D-Calif., cited particular concerns about illegal immigration along the Southwest border. In 2003, she said, there were about 30,000 intrusions along the border by non-Mexicans. In 2004, the latest year for which figures are available, there were 44,600, she said.

"That's a 48 percent increase, which indicates that [people] other than Mexicans are seeing the Southwest border as a point of vulnerability," she said.

Feinstein added that she reviewed statistics showing that penetration along the Southwest border by people from Syria, Iran and Iraq has increased. "Clearly we're deficient in our mechanism to deal with this," she said. "Thus, it seems to me that if I were a terrorist and I wanted to come in the United States, this is the way I would do it."

James Loy, former Homeland Security Department deputy secretary, told the Senate Intelligence Committee in February that al Qaeda operatives apparently are considering entering the country through the Southwest border.

"Recent information from ongoing investigations, detentions and emerging threat streams strongly suggest that al Qaeda has considered using the Southwest border to infiltrate the United States," Loy testified. "Several al Qaeda leaders believe operatives can pay their way into the country through Mexico, and also believe illegal entry is more advantageous than legal entry for operational security reasons."

Homeland Security officials testified during Monday's hearing that improvements in border security are being made. In their written testimony, Elaine Dezenski, DHS acting assistant secretary for border and transportation security policy and planning, and Thomas Walters, assistant commissioner for the Office of Training and Development in the Customs and Border Protection bureau, cited numerous efforts to improve border security and identification of people entering the country.

Dezenski said the administration is building a multilayered strategy that has three major elements: using information more effectively, leveraging government resources, and increasing operational efforts through "boots on the ground." She said DHS' goal is to keep terrorists and criminals out of the country while quickly and legally processing those who pose no risk.

"Building a system that supports this goal requires the optimal use of policy, technology, biometrics, intelligence and operational experience, all of which contribute to a layered system that will stop terrorists," she said.

Sen. Jon Kyle, R-Ariz., cited anecdotal information that Border Patrol agents are overwhelmed. "What they tell me is they feel outmanned and underequipped," Kyle said. "In most if not all cases, they're not able to ensure that they apprehend every single person that tries to come across the border."

Walters said CBP has boosted the number of Border Patrol agents, increased technology and training, and reorganized to focus on preventing the entry of terrorists. "We've never paid more attention to our borders than we are paying to our borders right now," he said.

Kyle said statistics show that the Border Patrol apprehends about one million people a year, but as many as another half million come across undetected. Walters, however, could not confirm those statistics.

"I don't have a substitute figure for that," Walters replied. "I think everyone's entitled to their own view on it ... but we just don't really know. I don't personally have any better information."

Cornyn said Monday's hearing was the first in a series to focus attention on challenges on enforcing immigration laws. He said future hearings will examine interior enforcement and the need to strengthen the government's deportation system.