Panel grills DHS secretary on immigration enforcement

Lawmakers tell Chertoff they're unsatisfied with everything from building fencing along the southwest border to how the department treats detainees.

Homeland Security Secretary Michael Chertoff came under heavy fire Wednesday from House Judiciary Committee members who were critical of his department's efforts to secure the nation's borders and enforce U.S. immigration laws. In a wide-ranging hearing, lawmakers told Chertoff they are not satisfied with everything from building fencing along the southwest border to how the department treats people it detains. Chertoff's ability to provide full answers to questions was often cut short as lawmakers shot new questions at him. The hearing itself came under attack by House Homeland Security ranking member Peter King, R-N.Y., for being redundant, noting that Chertoff testified last month before King's committee.

"This is unfortunately yet another example of the dysfunctional jurisdiction in the House," King said in a statement. "We now have had the secretary of Homeland Security testifying twice in three weeks, answering many of the same questions in front of some of the same members of Congress." King also took a shot at Democrats, saying: "Despite their promises to the contrary, the Democratic majority has repeatedly failed to enact a key recommendation of the 9/11 Commission and consolidate DHS oversight. Repetitive and pointless hearings such as this are a waste of the secretary's time and a waste of Congress' time."

House Judiciary ranking member Lamar Smith, R-Texas, told Chertoff he is disappointed that the department's fiscal 2009 budget request does not seek the number of immigration enforcement agents and beds to detain illegal immigrants that Congress authorized under a 2004 intelligence and terrorism law. Chertoff said the biggest problem for his department is finding illegal immigrants, adding that the number of teams dedicated to track them down has been increased. Smith said he was dismayed that illegal immigrants continue to be released into the United States after being detained, rather than being deported.

"The administration may have ended 'catch and release' for non-Mexicans along the southern border, but 'catch and release' is alive and well in the interior of the U.S.," Smith said. "This and other forms of 'catch and release' in the interior will only be ended with a dramatic increase in immigration detention beds and interior enforcement agents." Chertoff said the administration is unable to deport all illegal immigrants.

Several Democrats criticized how the department treats individuals it detains, including legal citizens who are rounded up in workplace raids. Rep. Linda Sanchez, D-Calif., questioned the conditions that people live under while in detention. Chertoff acknowledged that a lawsuit was filed against the department last year regarding the conditions, but said the case has been resolved. He added that the department follows the law when conducting worksite raids, adding that they result in the arrest of illegal immigrants.

The issue of diversity among key department officials arose when Rep. Bobby Scott, D-Va., asked all of Chertoff's aides attending the hearing to stand up. Rep. Melvin Watt, D-N.C., then observed that all the aides appeared to be Caucasian males. "If we're going to do law enforcement in this country, we need to understand that there is an element of diversity in our country that I don't see represented here," Watt said. Chertoff cautioned lawmakers not to assume the ethnic background of his aides, and said his department has diversity.