LEADERSHIP CHALLENGES AT THE DEPARTMENT OF HOMELAND SECURITY HEARINGS BEFORE THE COMMITTEE ON HOMELAND SECURITY HOUSE OF REPRESENTATIVES ONE HUNDRED FOURTEENTH CONGRESS FIRST SESSION MARCH 26, 2015 and APRIL 30, 2015 Serial No. 114–13 Printed for the use of the Committee on Homeland Security Available via the World Wide Web: http://www.gpo.gov/fdsys/ U.S. GOVERNMENT PUBLISHING OFFICE 94–888 PDF WASHINGTON : 2015 For sale by the Superintendent of Documents, U.S. Government Publishing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001 COMMITTEE ON HOMELAND SECURITY MICHAEL T. MCCAUL, Texas, Chairman LAMAR SMITH, Texas BENNIE G. THOMPSON, Mississippi PETER T. KING, New York LORETTA SANCHEZ, California MIKE ROGERS, Alabama SHEILA JACKSON LEE, Texas CANDICE S. MILLER, Michigan, Vice Chair JAMES R. LANGEVIN, Rhode Island JEFF DUNCAN, South Carolina BRIAN HIGGINS, New York TOM MARINO, Pennsylvania CEDRIC L. RICHMOND, Louisiana PATRICK MEEHAN, Pennsylvania* WILLIAM R. KEATING, Massachusetts LOU BARLETTA, Pennsylvania DONALD M. PAYNE, JR., New Jersey SCOTT PERRY, Pennsylvania FILEMON VELA, Texas CURT CLAWSON, Florida BONNIE WATSON COLEMAN, New Jersey JOHN KATKO, New York KATHLEEN M. RICE, New York WILL HURD, Texas NORMA J. TORRES, California EARL L. ‘‘BUDDY’’ CARTER, Georgia MARK WALKER, North Carolina BARRY LOUDERMILK, Georgia MARTHA MCSALLY, Arizona JOHN RATCLIFFE, Texas BRENDAN P. SHIELDS, Staff Director JOAN V. O’HARA, General Counsel MICHAEL S. TWINCHEK, Chief Clerk I. LANIER AVANT, Minority Staff Director On April 14, 2015, Mr. Patrick Meehan of Pennsylvania was elected to the Committee pursuant to H. Res. 199. (II) C O N T E N T S Page MARCH 26, 2015 STATEMENTS The Honorable Michael T. McCaul, a Representative in Congress From the State of Texas, and Chairman, Committee on Homeland Security: Oral Statement ..................................................................................................... 1 Prepared Statement ............................................................................................. 5 The Honorable Bennie G. Thompson, a Representative in Congress From the State of Mississippi, and Ranking Member, Committee on Homeland Security: Oral Statement ..................................................................................................... 6 Prepared Statement ............................................................................................. 8 The Honorable Sheila Jackson Lee, a Representative in Congress From the State of Texas: Prepared Statement ............................................................................................. 9 WITNESSES Mr. John Roth, Inspector General, U.S. Department of Homeland Security: Oral Statement ..................................................................................................... 11 Prepared Statement ............................................................................................. 12 Ms. Maria M. Odom, Ombudsman, U.S. Citizenship and Immigration Serv- ices, U.S. Department of Homeland Security .................................................... 14 APPENDIX Questions From Chairman Michael T. McCaul for Maria M. Odom ................... 37 APRIL 30, 2015 STATEMENTS The Honorable Michael T. McCaul, a Representative in Congress From the State of Texas, and Chairman, Committee on Homeland Security: Oral Statement ..................................................................................................... 39 Prepared Statement ............................................................................................. 41 The Honorable Bennie G. Thompson, a Representative in Congress From the State of Mississippi, and Ranking Member, Committee on Homeland Security: Oral Statement ..................................................................................................... 44 Prepared Statement ............................................................................................. 46 WITNESS Hon. Alejandro Mayorkas, Deputy Secretary, U.S. Department of Homeland Security: Oral Statement ..................................................................................................... 51 Prepared Statement ............................................................................................. 53 (III) IV Page FOR THE RECORD The Honorable Michael T. McCaul, a Representative in Congress From the State of Texas, and Chairman, Committee on Homeland Security: USCIS Policy Memorandum ................................................................................ 55 LEADERSHIP CHALLENGES AT THE DEPART- MENT OF HOMELAND SECURITY: ALLEGA- TIONS OF IMPROPER INFLUENCE REGARD- ING SPECIAL VISAS Thursday, March 26, 2015 U.S. HOUSE OF REPRESENTATIVES, COMMITTEE ON HOMELAND SECURITY, Washington, DC. The committee met, pursuant to call, at 9:23 a.m., in Room 311, Cannon House Office Building, Hon. Michael T. McCaul [Chairman of the committee] presiding. Present: Representatives McCaul, Miller, Duncan, Barletta, Perry, Clawson, Katko, Hurd, Carter, Walker, Loudermilk, McSally, Ratcliffe, Thompson, Vela, Watson Coleman, Rice, and Torres. Chairman MCCAUL. The Committee on Homeland Security will come to order. The purpose of this hearing is to receive testimony regarding the Inspector General’s investigation into leadership de- cisions involving the Immigrant Investor program, known as EB– 5 program. I now recognize myself for an opening statement. As public servants, trust, integrity, and honesty means every- thing. As Members of Congress, we must have the trust of our con- stituents and carry out our jobs without the perception of impro- priety. Without these qualities, we cannot be seen as effective leaders. Simply put, a public office is a public trust. The same holds true for all public servants, including the top leadership at the Department of Homeland Security. In an April 2010 memo to USCIS employees, then-Director Mayorkas stated, ‘‘Each USCIS employee has the duty to act im- partially in the performance of his or her official duties. Any occur- rence of actual or perceived preferential treatment, like treating similarly-situated applicants differently, can call into question our ability to implement our Nation’s immigration laws fairly, honestly, and properly.’’ That is in his words. I am extremely troubled by the findings of the DHS Inspector General’s report on the EB–5 program. The alleged exertion of undue influence and special processes established by Deputy Sec- retary Mayorkas during his tenure as director of USCIS that re- sulted in benefits for politically connected and powerful individuals is extremely concerning. (1) 2 The list of individuals involved in the allegations raised in the report reads like an A-list of political powerhouses: Ed Rendell, former Democratic Governor of Pennsylvania, former chair of the Democratic National Committee, and long-time Clinton advocate; Terry McAuliffe, current Democratic Governor of Virginia, former chair of the Democratic National Committee, co-chairman of Presi- dent Bill Clinton’s 1996 re-election campaign, and chairman of Hil- lary Clinton’s 2008 Presidential campaign; Anthony Rodham, younger brother of Hillary Clinton; and Harry Reid, Senate Minor- ity Leader. The findings show that Mr. Mayorkas’ intervention in three spe- cific examples involving the individuals I just mentioned gave the appearance that he played favorites with these Democratic political operatives capable of opening doors in Washington. Specifically, according to the Inspector General’s report: Mr. Mayorkas intervened in an administrative appeal related to an ap- plication to receive EB–5 funding to manufacture electric cars through investments in a company at the behest of Terry McAuliffe, a former board chairman, and Anthony Rodham, who was listed as the CEO of Gulf Coast, an entity that managed re- lated investments. Mr. Mayorkas intervened in a case involving a Las Vegas hotel that was of interest to Senator Reid. He also took the extraordinary step of requiring staff to brief Senator Reid’s staff on a weekly basis for several months. Mr. Mayorkas intervened in the L.A. Films Regional Center cases by ordering that a USCIS decision to deny a proposal to fund a series of movie projects in Los Angeles be reversed after he was in contact with Ed Rendell. Mr. Mayorkas overruled career staff in numerous instances and, according to the report, ‘‘communicated with stakeholders on sub- stantive issues’’ and influenced the outcome of the cases. Although there are a lot of details and technical specifics in this report, I am troubled by many aspects that allegedly occurred under the watch and with the direct intervention of Mr. Mayorkas. As I read the report I was struck by four main themes. Here are some quotes from the Inspector General’s Report, and they appear on the monitor. No. 1, special access: ‘‘Their allega- tions were unequivocal: Mr. Mayorkas gave special access and treatment to certain individuals and parties.’’ Furthermore, the re- port states that ‘‘Mr. Mayorkas’ communication with external stakeholders on specific matters outside the normal procedures cre- ated an appearance of favoritism and special access.’’ 3 No. 2, political favoritism: ‘‘We received complaints from USCIS employees that the application for a politically connected regional center, Gulf Coast Funds Management, received extraordinary treatment as a result of Mr. Mayorkas’ intervention.’’