▶ 0:23:53>> this hearing will come to order. Today we will hear from rodney scott nominated to serve as commissioner of U.S. customs and border protection bp. Congratulations on your nomination and thank you or your willingness to serve. Mr. scott's experience equips them to oversee one of the largest and most important law enforcement agencies.
▶ 0:24:17The men and women are at the front line of keeping america safe while ensuring the commerce and travel still move efficiently. Cbp has a broad, challenging mission of countering terrorism, transnational crime, securing the border, facilitating lawful trade and travel and protecting revenue.
▶ 0:24:43Cbp needs strong and committed leadership to ensure it could fulfill its responsibilities while allowing law-abiding travelers and businesses to be on their way while combating threats to our security such as the cartels smuggling fentanyl and other contraband into the united states. His extensive background and experience makes him more than it to lead such an agency. Mr.
▶ 0:25:11Scott has served on the front lines as chief patrol agent with the border patrol and has gained valuable experience at cbp headquarters. In 2005 he served as assistant chief within the office of the cbp commissioner's office. In 2019, he served as the acting deputy chief of the U.S. border patrol and became the chief of the U.S.
▶ 0:25:39Border patrol the following year. President trump rightly prioritizes border security and leadership at cbp. Mr. scott's highly qualified for that job in the president made an excellent choice nominating him for this position. Mr. scott understand what makes cbp effective including the strong partnerships it will need with various federal agencies.
▶ 0:26:08If confirmed by have no doubt he will be able to hit the ground running. Thank you for your willingness to return to government. I look forward to working with you if confirmed. Before I turn it over to ranking member wyden I will enter a document into the record. Last wednesday homeland security was requested to provide further information regarding the 2010 death regarding Mr. hernandez rojas. The actions of Mr.
▶ 0:26:38Scott who served at sector headquarters in san diego at that time. Secretary of homeland security kristi noem responded to the request citing official statutes to note his ministerial work following the death including authorizing a subpoena to request medical records that were provided to the san diego police department was in accordance with his duties, the law, and professional standards.
▶ 0:27:10Without objection, I will include that record -- letter in the record.
▶ 0:27:15Ranking Member Wyden: Before I begin, there is really a rebuttal I think is necessary to the letter from secretary noem. There have been serious allegations made by the former heads of the internal affairs about his involvement. I asked sec. Noem for a number of documents that would get to the bottom of what would happen and what his involvement was.
▶ 0:27:47Ranking Member Wyden: The secretary responded with a letter that said Mr. scott was basically a perfect angel and all of the allegations were false and produce zero documents I requested. Through the first 100 days it seems like this agency is practically allergic to the truth. I don't believe this committee should take this letter on faith and I have additional information from those who were there at the time. I hope sec.
▶ 0:28:13Ranking Member Wyden: Noem would give the committee the documents we need to get to the bottom of the issue. So far she has not. To go to my opening statement, commissioner of customs and border protection is like a point guard in basketball for everything the government does at the border.
▶ 0:28:39Ranking Member Wyden: Responsible for 60,000 employees who carry out the screening and processing of millions of packages going in and out of our country every day. They have a central responsibility to keep america safe and economy humming. An individual who holds the job should have experience with custom and protecting our borders.
▶ 0:29:07Ranking Member Wyden: Today's hearing is to determine whether rodney scott possesses that experience along with the strength of character to be trusted with one of the most essential jobs in government. The evidence shows that he falls short. Just a quick review, in 2010 he led the border patrol and and diego. A migrant who cross the border was the tamed by cbp officers and severely beaten while in their custody.
▶ 0:29:36Ranking Member Wyden: The man we mentioned died of those injuries. Rather than following the agency's own policies, the san diego cbp office began its own inquiry. In the course of that investigation officers came over the only video copy and tampered with physical evidence according to court documents.
▶ 0:30:03Ranking Member Wyden: An action the former head of cbp and internal affairs all illegal and possibly an obstruction of justice Mr. scott signed the subpoena to obtain his medical records which border patrol then refused to release to the san diego police department.
▶ 0:30:21Ranking Member Wyden: Last night a former senior cbp internal affairs official, who was present at the time of these events, which I think is crucial to determining what going on wrote me with concerns about his nomination. An investigation he oversaw according to this high-ranking cbp internal affairs official was not investigation, it was a cover-up. One that Mr. scott supervised.
▶ 0:30:51Ranking Member Wyden: This power disqualifies him from leaving one of the most important law enforcement agencies in the country. This letter was present at these events be entered into the record at this point. >> without objection. >> did Mr. scott learn from his mistakes? It does not appear so.
▶ 0:31:19Ranking Member Wyden: In 2021 a person who served as a border patrol agent said criticism, the former agent was an outspoken advocate a survivor of sexual assault and patrols academy. Here's how Mr. scott was funded on his public twitter account. I quote.
▶ 0:31:44Ranking Member Wyden: I investigated all of your allegations, not a crumb of evidence could be found to support any of them. I found out a lot about you. Lean back, close your eyes, and enjoy the show. The judge called the tweets a classic rape threat found that it fell short of an institute of bias.
▶ 0:32:08Ranking Member Wyden: Is this senate finance committee going to accept the cbp commissioner who casually has threatened a woman in this lig ht? Our standards of character cannot have fallen this low. In the summer of 2020, the trump administration deployed a staggering number of federal law enforcement personnel in response to overwhelmingly peaceful first amendment activity.
▶ 0:32:36Ranking Member Wyden: Unidentified unmarked vehicles, shot people in the head. Injured many. 300 37 border patrol agents with Mr. scott in the chain of command. As chief of the border patrol Mr. scott provided administrative and operational support.
▶ 0:33:01Ranking Member Wyden: The question then becomes, does what happened in portland or san diego in 2010 matter now? The head of a major law agency won't sign off on -- the customs and border patrol commissioner sets the policies and conduct were searching a person's belongings at the border, going through their phone, and potentially saving that
▶ 0:33:32Ranking Member Wyden: Information to a database that could be searched by thousands of federal employees. If the customs and border control can't be trusted important priorities can't go forward. Let me wrap up by Mr. scott's qualifications, he has no experience with customs, facilitation, enforcement.
▶ 0:33:55Ranking Member Wyden: Donald trump is creating the biggest disruption to the custom system I have seen in my time in public service, leaving it in the hands of someone without experience raises serious questions. That matters to small business in oregon. A small manufacturers could see their whole production line delayed, meaning more costs and losing out on contract.
▶ 0:34:22Ranking Member Wyden: The commissioner has to make sure legal trade goes smoothly at the border. It has to limit the impact on supply chains and workers from the erratic proclamations on tariffs and trade. I look forward to hearing your questions. Thank you.
▶ 0:34:38Chair Crapo: Thank you senator wyden. Before I proceed to the questions I will ask you before you begin your testimony, because of the politically -- colloquy that we have engaged in , I just want to read one paragraph of it. The letter states contrary to what has been alleged, Mr.
▶ 0:35:04Chair Crapo: Scott did not impede any investigation nor did he take steps to conceal fat from investigators. -- facts from investigators. None found any evidence of actions that were inconsistent with law, regulation, or policy.
▶ 0:35:32Chair Crapo: They found no wrongdoing in the agencies national review board reviewed that the agents and officers use of force was consistence with policies that existed. The civil rights investigation declined prosecution.
▶ 0:35:58Chair Crapo: The office of civil rights and civil liberties at the department of homeland security no action. The office of inspector general at the department of homeland he found that the level of orders utilized by dhs personnel was in accordance of existing policy.
▶ 0:36:19Sen. Wyden: We won't prolong this for the rest of the morning with the back and or but sec. Noem was not there at the time. The person that I cited was there through the events and was a high-ranking official at the cbp dealing with internal investigations.
▶ 0:36:40Chair Crapo: I will say it and we will go forward. Sec. Noem didn't allege that she was there. She said she reviewed the reports and analysis of no less than seven local and federal investigatory bodies that were there and reviewed the evidence. Mr. scott, you will now be given an opportunity to share your opening statement after I ask four obligatory question.
▶ 0:37:14Chair Crapo: Is there anything in your background that might present a conflict of interest?
▶ 0:37:19Mr. Scott: No sir.
▶ 0:37:21Chair Crapo: You know of any reason that would in any way prevent you from fully and honorably discharging the responsibilities of the office that you have been nominated?
▶ 0:37:33Mr. Scott: No sir.
▶ 0:37:35Chair Crapo: Do you agree to any reasonable summons to appear to testify before any committee of congress if you are confirmed?
▶ 0:37:42Mr. Scott: Yes I do.
▶ 0:37:44Chair Crapo: Do you commit to a prompt response in writing to any questions addressed to you by any senator of this committee?
▶ 0:37:51Mr. Scott: Yes I do.
▶ 0:37:52Chair Crapo: Thank you, you may proceed with your opening statement.
▶ 0:37:57Mr. Scott: Members of the committee, good morning, it is a great privilege to be here today as president trump's nominee for commissioner of U.S. customs and border protection. I'm here to our your trust as well. I'm ready to serve without compromise. Let me start where all strength begins with some wisdom.
▶ 0:38:29Mr. Scott: Proverbs 1522 instructs us plans fail for lack of counsel. I am fortunate to have the counsel of many. First and foremost I want to recognize my wife, a woman of profound eighth, clarity, strength, she is my most honest advisor. A constant voice reminding me of what truly matters. They have wisdom beyond their years.
▶ 0:38:57Mr. Scott: I think the three of them or being my biggest cheerleaders and challenging me to lead with character even when it came at a personal cost. I want to thank my parents. Their christlike example taught me to treat everyone with respect and serving is more rewarding than being served. If I would ask and then listen, god would tell me the next right thing to do. No matter -- now to the matter at hand.
▶ 0:39:27Mr. Scott: If confirmed as commissioner I will take a lead role in providing america with real borders ready. As a 9/11 report highlighted, I have been on this team for over three decades and have learned a lot. Our borders must be secured to defend the american people, values, way of life.
▶ 0:39:50Mr. Scott: I joined this team in 1992 as a trainee and I competitively progressed through the ranks to earn the position of chief U.S. border patrol. I'm very proud of that green uniform that I wore. Cbp's mission is bigger, so is my experience. During my career I was immersed in the living borders ready laboratory.
▶ 0:40:16Mr. Scott: I worked alongside colleagues as we transform crime-ridden border regions into the safest communities in america. I watched officers fine-tune operations to maximize the flow of legal trade and travel that fuels our economic security while simultaneously interdicting weapons, people, contraband that violate our laws and put our families, friends, neighbors at risk.
▶ 0:40:42Mr. Scott: I also watched communities slide backwards into total chaos when policy changes resulted in crimes. I learned what works and what does not. What motivates our personnel and demoralizes them. I will leverage my experience to power the men and women to do what they are hired to do. Safeguard every american by providing secure borders and keeping trade and travel moving.
▶ 0:41:11Mr. Scott: Border security is national security. 9/11 made that very clear when foreign terrorist exploited vulnerabilities in our securities and murdered thousands of americans. We vowed to never forget and I assure you that I have not. Congress responded by creating the department of homeland security and customs and border protection. I joined a small team that developed and institutionalized antiterrorism capabilities.
▶ 0:41:40Mr. Scott: My understanding that the interdependencies between border security and national security constantly grew. In the years since 9/11 new technology infrastructure and procedures have improved border security dramatically at our ports and in between. The most important factor will always be the people. The dedicated patrons that make up customs and border protection.
▶ 0:42:08Mr. Scott: If confirmed I will drive actions to ensure the cbp workforce has the training, resources and policies to excel in every aspect of the mission and do so safely. I will modernize processes and enhance efficiencies and work to ensure cbp strategies are driven by intelligence and data and the policies align with national security including our economic objectives.
▶ 0:42:35Mr. Scott: If confirmed I will lead cbp personnel in securing the borders with purpose, integrity, honor. I'm asking for your support, your vote today and look forward to your question. Thank you.
▶ 0:42:50Chair Crapo: I will begin as you are aware from discussions that have already taken place. The administrative involvement in the year 2010 with regard to the death in custody incidence of -- incident of Mr. hernandez rojas. He died two days after being held in custody by cbp agents on assault charges. A death like this is always tragic.
▶ 0:43:19Chair Crapo: I would like to have the public better understand some of the fact. Were you involved in the decision to detain Mr. rojas at the border and his actual intention? >> I was not.
▶ 0:43:33Chair Crapo: Were you there in that vicinity? Did you serve as an investigator?
▶ 0:43:44Mr. Scott: No sir.
▶ 0:43:51Chair Crapo: What was the purpose of the subpoena?
▶ 0:43:57Mr. Scott: The individual was in our custody.
▶ 0:44:05Chair Crapo: Did you do anything in the investigation of that case.
▶ 0:44:18Mr. Scott: Absolutely not.
▶ 0:44:23Chair Crapo: We are very glad you are willing to take this job. Border patrol faced significant morale challenges. Could you tell us about your management philosophy and experience and how you might use it to raise agency morale?
▶ 0:44:44Mr. Scott: Agency morale is critically important. It is literally the motivation, it becomes the officer safety issues. I engage in conversations, I tell people very clearly what I expect.
▶ 0:45:15Mr. Scott: To the extent they do that I will support them and we will hold anybody accountable. If you live by that, morale increases. Most importantly they want cbp officers to enforce what is on the books.
▶ 0:45:43Mr. Scott: If confirmed, I will build on that. Thank you.
▶ 0:45:48Chair Crapo: Under president trump's leadership, cbp reported fewer than 30,000 nationwide encounters. By comparison, the cbp reported 200,000 encounters in february of 2023 and 2024.
▶ 0:46:15Chair Crapo: It is even lower than what I just sent from february and march. What are the implications now that encounters are only a tiny fraction of what they are experiencing in the last couple of years?
▶ 0:46:33Mr. Scott: The results are tremendous, they need illegal aliens to distract and overwhelm law enforcement so they could bring another threat whether it be fennel, narcotics, they do that in the ports and in between the ports. The fact that we have significantly reduce the volume border patrol has to deal with, that puts agents and officers back on enforcement duties.
▶ 0:47:05Mr. Scott: It lets us know more about what is going on at the border. They could cover more area. The immediate result of slowing down that flow of illegal aliens put 600 officers back on the line so they could expedite the flow of legitimate trade and travel. Securing the borders.
▶ 0:47:38Sen. Wyden: To continue on the question of the letter. What is more significant to me is she hasn't responded to the key question, which is whether the subpoena the nominee signed his legal and appropriate. I have serious questions about that.
▶ 0:48:08Sen. Wyden: Until we get that information I have reservations about that nominee. To move on to the matter of the rape threat. You tweeted what a judge referred to as a classic rape threat to a border patrol agent who was critical of your leadership. You tweeted at her on this matter leaned back, close your eyes and enjoy the show.
▶ 0:48:34Sen. Wyden: To a former officer who took issue with cbp leadership for the culture you fostered that included the alleged cover-up with the brutal killing of Mr. rojas, this strikes me as troubling. She said she had been raped while she was at the economy, you chose to respond with a rape threat. You said maybe were the only purpose in the world who never heard of that.
▶ 0:49:05Sen. Wyden: As far as I could tell, there hasn't been any real apology in court. Do you think this is acceptable in your view to respond to a former officer this way?
▶ 0:49:18Mr. Scott: Thank you for bringing this up. I would like to clear the air. There was an apology. I went and met with her specifically in front of witnesses with her attorney and said the same thing I did in court. That was not my intent. I was challenging after four years of being insulted, I had a weak moment. I apologize for that. I was not making any type of threat.
▶ 0:49:52Sen. Wyden: You are challenging the creative imagination?
▶ 0:49:56Mr. Scott: I was challenging at about multiple allegations against me in the agency that she would never provide any information or data to support. Regardless, I apologize to her and said I believed it was out of line. I did not mean for it to come across that way.
▶ 0:50:15Sen. Wyden: I know you did not apologize in court.
▶ 0:50:19Mr. Scott: I apologize to her in the hallway in front of her friends, attorney, I don't know who else was there.
▶ 0:50:27Sen. Wyden: Let me ask about this facebook group as well. You are one of only two senior cbp officials that were members of this cbp facebook group that contained racist and sexually explicit content. If you are confirmed as commissioner more than 60,000 professionals will be looking to you for your leadership and guidance and you will be expected to lead by example.
▶ 0:50:57Sen. Wyden: The membership in this group were vile, racist, sexually explicit posts were shared. I think that is unacceptable from a leader from a wisecracks to the death of a 16-year-old who died in border patrol custody. Sexually explicit content involving a member of congress. A photo that showed a deceased father and child with comments suggesting that it had been fake.
▶ 0:51:24Sen. Wyden: This was the group that you were a senior member of as I understand it. Maybe you could tell me what your response is.
▶ 0:51:34Mr. Scott: The actions of a few tarnished the reputation of many to include myself. This has nothing to do with me. I want people to fully understand there are 9000 people that were members of that group. There was a very small group of people that posted inappropriate offensive material. It was called out by other agents on that site. It was investigated and they were held accountable.
▶ 0:52:03Mr. Scott: At no time did I ever see those posts until I was interviewed by the office of professional responsibility. The vast majority just because of algorithms on facebook and how that works. The vast majority of those 9000 people did not see it either. The most important thing to point out here is culture did not stand for it. Border patrol agents flagged that what they thought was inappropriate. It was investigated.
▶ 0:52:37Sen. Wyden: My time is about to a fire -- expired. Were you a senior member of this group?
▶ 0:52:42Mr. Scott: I was a member of this group. I never deleted my account.
▶ 0:52:49Sen. Wyden: You were only one of two border patrol chiefs who were members of the group whose activity resulted into employee removals, 43 suspensions, 12 letters of reprimand. I'm looking for an assessment of your judgment. Should you have been a member of this facebook group?
▶ 0:53:11Mr. Scott: There were 9000 people on that group. To say that a few who actually posted something inappropriate were held accountable and disciplined are a reflection of everyone I think is a mischaracterization.
▶ 0:53:27Sen. Wyden: Should you have been part of this group, a senior member given what we have on record and you think there's no problem with it, it's just another big group. Thank you.
▶ 0:53:41Sen. Johnson: Mr. scott, thank you for your service. There is obviously a serious intent to smear you. I don't think it is going very well. I read secretary noem's letter back to the ranking member. Before I get my main question out, why do you think they are trying to smear you?
▶ 0:54:12Mr. Scott: I don't want to speculate. I want everybody to know if you look at my track record the one thing you will see consistently is transparency. And everyone one of these cases, what you see is what you get. Everybody makes mistakes. We learn from them and move forward. I don't how to speculate on why they would smear that.
▶ 0:54:42Sen. Johnson: , I didn't bring the chart showing how president trump pretty much secured the border and they totally opened up and let millions flood into this country completely unvented. I'm thinking they don't really want to talk about that and discuss how now president trump has successfully secured the border that they would rather try to smear you. That is what I would surmise.
▶ 0:55:13Sen. Johnson: I appreciate your past service and I know you will do an excellent job as commissioner. One question I have is being a fiscal conservative. They need to not only secure the border but the court, however many millions of people that should be in the court. That will take resources. The swiftness which this administration secures the border, I don't want to throw money at a problem.
▶ 0:55:45Sen. Johnson: I want to make sure we account for every dollar we spend. That is my main question. Whenever we talk about border security or immigration bills, when we achieve it, we will not need to spend all of our money. We will not need that additional border control. We solve the problem. When you start spending you need to maintain those spending levels.
▶ 0:56:15Sen. Johnson: Could you address how you will look at those budgets, what kind of information you could provide to us. I'm hoping you will be confirmed before we passed the big beautiful bill. Will we have the detail in terms of exactly what they need to do its job, what we will need for ice and the deportation service as well?
▶ 0:56:39Mr. Scott: If confirmed, I will do everything in my power to make sure you get that information. One of the things I highlighted as chief and will do it if I'm can begin his ask a lot of questions and mandate any proposal or daily work that is going on could be directly tied back to the border security regime.
▶ 0:57:04Mr. Scott: One of the examples within border patrol that we got out of that was the border wall system, we tested that and proved it in san diego. We were able to show it freed up 150 agents every 24 hours that could be shifted to other areas. That was a $28 million return on investment for the lifecycle of that border wall. It is examples like that, that I will push and drive.
▶ 0:57:31Mr. Scott: At the port of entry that nonintrusive improve -- equipment could show how we save man-hours. Reducing the flow of illegal activity so we could focus on big threats with the resources we have.
▶ 0:57:43Sen. Johnson: I'm amazed at how quickly the border has basically become secure. A secure border will reduce the amount of money we need to spend, correct? A secure border will save us money and not read wire additional funds.
▶ 0:58:00Mr. Scott: I believe a secure border will save all of america a ton of money and a ton of lives.
▶ 0:58:09Sen. Johnson: I apologize for the smear campaign.
▶ 0:58:17Chair Crapo: Thank you senator johnson. We do not have any other senators here to ask questions and so senator wyden and I will make some wrap-up statement and we will conclude the hearing. I just want to thank you again for appearing before us today. Whenever someone steps forward to accept a position of responsibility and serve in the public these days it is intense.
▶ 0:58:49Chair Crapo: There are battles. I appreciate you being willing to step up. I want to say thank you to all of the incredible people at the border patrol. For the service that they do and the service you have given that has made you so qualified. I look forward to us moving as quickly as we can to see you continue to help build a strong america.
▶ 0:59:20Sen. Wyden: . My colleague apologized for using the word smear. That doesn't dismiss the fact that on these key facts we still are basically in the dark. Let me go through the big ones. We didn't get the documents we need from sec. Noem.
▶ 0:59:42Sen. Wyden: We didn't hear any response to the internal affairs high-ranking official who at the time said the investigation was a cover-up. We still don't have any information with respect to whether subpoena was handled by the nominee in a legal and appropriate way. I want it understood that we will have to see how the chairman wants to move forward.
▶ 1:00:12Sen. Wyden: My door remains open to seeing the fact. The documents on the key question. On those three major areas, we are basically in the dark. We can't carry out our responsibilities to do oversight. We will go forward hoping we get the relevant documents and speak to the issues I raised this morning. We could assess them that way.
▶ 1:00:42Sen. Wyden: Thank you.
▶ 1:00:43Chair Crapo: Thank you senator wyden. Again, Mr. scott, thank you for your service and your willingness to step back and and and agent service to the country. The deadline for submitting questions for the record is 5:00 p.m. On monday, may 5. We have a senator that has some questions.
▶ 1:01:08Sen. Lujan: I apologize for my late arrival. We were in a markup in another hearing. Thank you for the indulgence this morning. Good morning and welcome to the hearing. Appreciate you taking time to visit with dmv office. When we met we had a lengthy discussion on inspection technology. Other technology improvements that could benefit cbp's ability.
▶ 1:01:39Sen. Lujan: Are the vast majority of drug seizures including encinal -- fentanyl made at legal points of entry?
▶ 1:01:47Mr. Scott: Narcotics are commonly seized at points of entry. The actual seizures, not the total flow.
▶ 1:01:57Sen. Lujan: Is it true and overwhelming number of those are actually made in passenger vehicles being driven by american citizens?
▶ 1:02:06Mr. Scott: I believe that is correct.
▶ 1:02:10Sen. Lujan: Is cbp's ability to screen incoming cargo put cbp officers and american communities at risk?
▶ 1:02:17Mr. Scott: Screening the volume of traffic coming across the border to include the seaports, the rail, it is challenging. That is exactly why we are trying to make more investments in the nonintrusive investment equipment as well as the ai behind it using technology to make those officers more and more effective. It is important to highlight a lot of that technology. It takes an officer or agent to determine if there or not.
▶ 1:02:51Mr. Scott: Making sure we use those human beings in the most effective manner possible is critical. I think investments in the technology aspect will make them more effective and make america safer.
▶ 1:03:03Sen. Lujan: Do you believe inspection technology could help officers do their jobs more safely and effectively?
▶ 1:03:10Mr. Scott: Yes.
▶ 1:03:12Sen. Lujan: Do you believe achieving 100% screening even if it means rebuilding port infrastructure or increased wait times would make our country more secure?
▶ 1:03:21Mr. Scott: I can't answer that yes or no, in, it would. There's always trade-offs in the amount of money invested in the amount of time. I believe cdp has a strategy to enhance the number of vehicles being screened. In a perfect world we would love to get to 100%. There would have to be conversations on how to fund that.
▶ 1:03:49Mr. Scott: It will require revamping the actual footprint at ports of entry where they are right on the border.
▶ 1:03:58Sen. Lujan: This is one of those areas where I hope we don't just talk about this. This is something we could probably do. It changes the way to approach this. If we want to know entry to the united states. Those no reason we couldn't advance 100% screening. I chatted with my colleagues about this in the past and mike for chewing, they don't understand why we are not deploying more technology to work with the agents.
▶ 1:04:29Sen. Lujan: I appreciate that response. Do you believe cdp should partner with our national laboratories to deploy the next generation of these tools that could identify the molecular makeup with other things including narcotics?
▶ 1:04:46Mr. Scott: Border security is a team sport, yes. The labs, private industry, department of defense, anybody looking at these could be a partner to help us get more and more effective and utilize our personnel more effectively.
▶ 1:05:06Sen. Lujan: The science and tech , the department of energy is working with many agencies, with work they do around the world. There's no reason more of that cannot be more commercialized. It would create some savings in the united states and allow us to have more advanced technology. In 2021 the border region was a manufacturing hub with the fifth highest employment in north america accounting for 17% of all trade with mexico.
▶ 1:05:38Sen. Lujan: They ranked number six in imports and number seven in exports among the landlord from merchandise trade for livestock trade, they continue to represent the largest port along the U.S.-mexico border. My question is why has cdp not prioritized the point of entry for infrastructure improvements?
▶ 1:06:03Mr. Scott: As a policy advisor I don't have that level of detail. I will commit to reevaluating the entire priority for infrastructure improvements. Especially on the southwest border and all of the environment which the trade and travel has shifted and expanded dramatically. I commit to looking into that more if confirmed.
▶ 1:06:32Sen. Lujan: If governor abbott will continue to close ports of entry going to texas, they go to new mexico, maybe we could push up to that five-year plan. Appreciate your responses.
▶ 1:06:43Chair Crapo: Thank you, you are right. You have been talking about this for years. You are focused and dedicated and I think you are onto something.
▶ 1:06:55Sen. Blackburn: We appreciate you being here. My colleague from new mexico is right in talking about the molecular resonance in being able to utilize technologies for detection and he and I have done a lot of work on the research work that they do, a grid in my state of tennessee.
▶ 1:07:25Sen. Blackburn: I want to go to some of the detection and testing at the southern border also. It was baffling to me that the biden administration stopped doing dna testing on children that were traveling with an adult that was not related to them.
▶ 1:07:50Sen. Blackburn: When that testing was done, what we realized about 30% of all of those children were being traffic. We were able to extract them from those situations. The dna testing has really proven to be a successful tool. It is not a time-consuming tool. About 45 minutes it could be completed.
▶ 1:08:22Sen. Blackburn: My question to you is will you push to make certain that at our ports of entry when children are traveling with adults not related to them that they are being dna tested and among that same vein, we had that situation where they are being recycled and coming in with cartel members and were being brought
▶ 1:08:55Sen. Blackburn: Across the border and then sent back over the border time and again. Some of our border patrol would tell us they had seen as many as eight or 10 children the same times. This is a horrific, horrified practice.
▶ 1:09:14Sen. Blackburn: We have the print act that would give cbp the authority to fingerprint immigrants under the age of 14 to combat and ultimately prevent this human trafficking. We have those two items. The fingerprints and dna testing that could and should be used.
▶ 1:09:42Sen. Blackburn: Will you commit to using these to help protect children that are being traffic?
▶ 1:09:48Mr. Scott: The short answer is yes. When I was chief of border patrol are rubber pushing out that rapid dna testing. I was really shocked when the biden administration shut that off. It was such a good tool. I will do everything I can to get those tools back.
▶ 1:10:16Sen. Blackburn: Memphis is the logistics hub of our country. We have the port of memphis, fedex. As we work on this, we know we are addressing that they recently put out a memo pertaining to chinese communist party and their influence along the mississippi river and the
▶ 1:10:48Sen. Blackburn: Dangers of goods coming into the country. We know cbp has an important role to play as we look at the supply chain. Securing these shipments is an issue. Could be speak for a moment about the importance of these inland hubs.
▶ 1:11:19Sen. Blackburn: The shipping would just ask and what is taking place and our logistics hubs like the city of memphis and how that affects the supply chain?
▶ 1:11:30Mr. Scott: The trade and travel piece is critical. The security starts well before it gets to the united states. We work with trade partners, build security mechanisms. At the end of the day it doesn't stop there, anywhere that is going on. It is very important for our revenue to make sure we know what commodities are being imported and if it matches what they said on the bill.
▶ 1:12:05Mr. Scott: It is all critical. I commit to you that I commit to that as much as I commit to the border as well.
▶ 1:12:15Chair Crapo: Thank you.
▶ 1:12:21Sen. Wyden: On behalf of senator cortez masto I would like to enter a letter into the record that she has sent to the heads of the major departments.
▶ 1:12:29Chair Crapo: Without objection. Senator lankford, you are up?
▶ 1:12:37Sen. Lankford: Thanks for not only being here today and going through this process, thanks for decades of serving this country to be able to work and make our country more secure. The people of oklahoma are proud of you and grateful to be able to do that. I have a bunch of questions. We want to get a few things out there.
▶ 1:13:00Sen. Lankford: I have great frustration at the end of the biden administration, they pulled from the polygraph examination for future folks serving at the border, the drug use question. That has been there a long time. It is an issue to say if you are a current drug user or past drug user to be able to get that out of the polygraph. My question to you is are you aware of all of that and what could you do about that?
▶ 1:13:31Sen. Lankford: What could be done to make sure when we do those polygraph screenings we are getting information that we need to be able to get.
▶ 1:13:42Mr. Scott: Thank you for bringing that to my attention. I have looked into it. There are some nuances being reviewed currently and if confirmed by promise I will look into that and I will share that information with you and we will do everything we can. We will make sure we are balancing that risk and know who we are hiring. I am proud of that.
▶ 1:14:07Sen. Lankford: It's a great group and we want to use the polygraph for the reason it was intended. There is a long-standing back and forth between cbp and gsa in our facilities. Multiple facilities along the border.-- gsa, it's not a warehr a data center. It's a unique facility.
▶ 1:14:35Sen. Lankford: We have given more flexibility to cbp to be able to make decisions, but we still have a lot of issues on the border. How will you handle that relationship between gsa and those facilities and the cbp facilities, they run some of their facilities entirely, but gsa runs at sea for the future of that relationship?
▶ 1:14:56Mr. Scott: The split model seems to be more ports of entry rather than border patrol. I believe that cbp has a robust system in place now to be able to manage our own facilities. If confirmed, I will sit down with gsa to talk through this and find ways, first and foremost, to make sure that we give americans the best return on their tax dollars that we possibly can, but I also want cbp to be able to have facilities that meet our needs.
▶ 1:15:24Sen. Lankford: Be glad to help that process as well. One of the challenges we faced was narco drowned us the border. Not just people hauling drugs, but unmanned vehicles at 5000 feet, just dropping the drugs into the united states. It's been an ongoing challenge. Day one, president trump signed an executive order on this. How would you anticipate engaging more effectively on this?
▶ 1:15:50Sen. Lankford: Currently we have had seasons with 10,000 coming across the border.
▶ 1:15:56Mr. Scott: Thank you for that question. This emerging threat needs an urgent response. I know that there are already discussions ecology side of the department of defense, but there are also regulatory issues on how to counter those drones. The capability to identify them is easier than the capability to mitigate them. They both exist. I will push as hard as we can to get the right tools and the right hands to make sure we stop that threat.
▶ 1:16:24Chair Crapo: That would be great -- Sen. lankford: that would be great. Coming northbound, the screening, there are additional things you need like agents, one of those areas for screening where gsa has struggled on the facilities side of it. We worked a lot on southbound traffic as well, where weapons are leaving the united states in the hands of the cartel.
▶ 1:16:49Chair Crapo: Clearly, that is an issue on our side, the weapons are then used to facilitate more drugs coming back into the united states. How would you anticipate increasing engagement on southbound traffic?
▶ 1:17:00Mr. Scott: Thank you again for that question as well. There are two quick ways to make real impacts on southbound. The first is improving our intelligence and information sharing and then do targeted operations. The problem currently with outbound operations is cell phones as radios, you only catch what is past the last U.S. exit, everything else turns off. The other thing we have been building up more and more is our partnership with mexico.
▶ 1:17:29Mr. Scott: They do inspections right across the line and to the extent that we can build up their capability and information sharing with mexico like we do with canada, we get both the outbound and inbound with a partner that helps to support and pay for that as well.
▶ 1:17:44Sen. Lankford: Terrific. I look forward to that ongoing conversation and thank you again for the work you have done for the security of our nation.
▶ 1:17:51Mr. Scott: Thank you, sir. >> I have just been informed that during our discussion this morning, the inter-american human rights commission has just released a document reviewing Mr. hernandez rojas family allegations of law-enforcement misconduct into the investigation of his death in custody. I want colleagues to know that we just heard about this and will be making this available.
▶ 1:18:22Chair Crapo: All right, thank you. Senator grassley, you are next. Congratulations on your nomination. I have been told that you are well aware of the retaliations against mark jones, mike taylor, fred glynn, people that helped me in some investigations I was doing.
▶ 1:18:49Chair Crapo: Retaliation has been corroborated by the office of special counsel. Corroborated by my investigative staff. Biden customs border protection strip to these brave whistleblowers of their badges and guns. As a result, they have lost out on promotions, pay increases, increase retirement pay. Why did this happen?
▶ 1:19:19Chair Crapo: Because they dared to disclose the biden administration's noncompliance with the law entitled dna fingerprint backed, meaning that everybody that crosses the border ought to have dna. Only about 25 percent of that was actually being done. Noncompliance puts our country at risk.
▶ 1:19:49Chair Crapo: This can be fixed before your nomination even gets to the floor. It can be fixed this very day. It would be a sure support for your nomination if these people can be 100% redirected from the punishment they had under the previous administration.
▶ 1:20:14Chair Crapo: But I'm just as important to know that these people that have done the retaliation are held accountable. I suppose it's kind of a case of can you find them in the bureaucracy. But if confirmed, what concrete steps would you take to hold these retaliate or's accountable?
▶ 1:20:34Mr. Scott: Thank you for the question, sir, and thank you for always stepping up to support the whistleblowers. It's a critical part of the government that pushes the transparency. If confirmed, it is currently a senior advisor. I don't have access to view into personnel data and actions, but if confirmed, I will. I promise you I will look into this.
▶ 1:20:59Mr. Scott: I know those three names and one allegation never levied against them is a challenge of their integrity. I will look into it and hold people accountable if they violate pile -- policies.
▶ 1:21:10Sen. Grassley: Thank you for doing that. There are indications that the bureaucracy of whistleblowers who want to do nothing but make sure that laws passed by congress are followed and that money be appropriate is spent the way it should be spent. I don't know how butte -- how big your bureaucracy is, but at the top of it we don't know what goes on below.
▶ 1:21:36Sen. Grassley: I hope that you will show respect for people that blow the whistle when something wrong is done. My second question -- it's not always easy for cbp to determine if shipments contain counterfeit imports. So, bbt relies heavily on stakeholders like trademark owners to identify fake products.
▶ 1:22:02Sen. Grassley: So, for you, do you think that cbp's job would be easier if the law allows the agencies to share specific information with stakeholders, such as information found on packing materials and shipping containers when they are trying to determine if imported goods are real or fake?
▶ 1:22:24Mr. Scott: Thank you for that question. Yes, I do. At border security, that's a team sport and this is no different than the trade environment. The law enforcement world sharing information with intelligence agencies.
▶ 1:22:43Mr. Scott: In this arena, sharing information that isn't a threat other corporations with supply chain partners so that they can identify it within their own supply chains to reduce that fraud is critically important. I believe that through the national targeting center, we can manage the risk without giving up intellectual property rights and share enough information that helps other organizations actually secure their own logistics chains as well.
▶ 1:23:11Chair Crapo: Let me end with
▶ 1:23:13Short -- Sen. Grassley: Let me end with short follow-up remarks around our bill expressively authorizing cbp to share packaging and container information with ip owners, online marketplaces, and some other interested parties to help identify interdicted goods. I hope that we can move this bill to give your agency the tools it needs to more effectively combat counterfeits. Thank you very much.
▶ 1:23:42Mr. Scott: Thank you.
▶ 1:23:44Chair Crapo: Senator barrasso?
▶ 1:23:47Senator Barrasso: We are so glad you have returned to public service at this time. Our nation needs you and we are delighted that you are back. In terms of what has been happening, in march we saw recorded border crossings were at an all-time historic low.
▶ 1:24:09Senator Barrasso: The gained operational control of the border under the president, border could -- border patrol encountered 7000 illegal immigrants between ports of entry, a 95% decrease from march of 2024. Remarkable. Illegal immigrants are getting the message that the trump administration has removed the welcome mat. If confirmed, what will you do to continue the trend of these historically low border crossing members?
▶ 1:24:37Mr. Scott: Thank you for the question. If confirmed, I will continue to push out the strategy we built out in the border patrol that the president listened to, adopted, and basically expanded across the southwest border. The president understands that when we reduce the crossings of illegal aliens, it allows more agents and officers to expand coverage and allows us to identify the fentanyl and the other threats. We will continue to build out the border wall system.
▶ 1:25:09Mr. Scott: We will continue to build out technology. We will also make sure that we work with the U.S. attorney's office to make sure there are consequences to violating laws in the united states. Right now the biggest reason we are seeing a massive production is because people are held accountable for violating the law and are clearly removed.
▶ 1:25:27Sen. Barrasso: You mentioned fentanyl specifically. I'm a doctor and I know the tragedy that resulted from it. Let me at ask you about the additional resources you will be needing from congress to strengthen front defenses against fentanyl.
▶ 1:25:43Mr. Scott: The fentanyl threat is unique in that it takes such a small amount to kill so many people. It's harder to find. Marijuana was huge truckloads, but fentanyl can be hidden in a trunk. In a glovebox. The equipment that congress has funded a lot of that we will probably need more of, as it gets better and better, that is an area. But we also need the ability to actually install it.
▶ 1:26:11Mr. Scott: Some of our ports of entry will have to be revamped. The canines that we use are very effective. But so is our national targeting center that people don't see. People see the things I just mentioned, but we have a targeting center looking at all shipments coming in and out of this country to include the de minimis product packages that identify trends, fentanyl, precursors and those as well. It really comes back to the people of cbp.
▶ 1:26:38Sen. Barrasso: In terms of my home state of wyoming, in casper the international airport serves the only international port of entry for wyoming. The presence of this facility in terms of border patrol ensures proper screening of international arrivals while facilitating critical global trade operations for businesses. The port of entry is pivotal to sustaining a robust economy workforce.
▶ 1:27:05Sen. Barrasso: Can you give me your commitment that if confirmed he will provide staffing and resources -- reinforces -- resources for border patrol?
▶ 1:27:12Mr. Scott: I have learned to be cautious of what I completely commit to that I don't know I'm committing to. I will commit to looking into it and address the resource challenges that exist across the entire board. What I promise you and the entire committee is I will do everything I can to make sure resources are assigned where they do the most good for americans. In some cases that's for trade and travel and security.
▶ 1:27:39Mr. Scott: In other areas is for the actual land border. But I will prioritize it and make sure that we use it in the best way we can.
▶ 1:27:46Sen. Barrasso: In all states, e-commerce has created opportunities. In wyoming we have seen this increase for them to move beyond our borders, but we still have regulation problems beyond international trade with procedures related to customs, burdensome documentation requirements involving trade regulations. All too often, it confuses people.
▶ 1:28:18Sen. Barrasso: It's a confusing process that leads to costly errors that threaten the survival of the business. Without proper guidance, small businesses -- with proper guidance, our small businesses could reach new levels. If confirmed can you make sure that small businesses from rural states, like wyoming, have access to clear and timely innovation on how to navigate our customs regulations?
▶ 1:28:45Mr. Scott: I will.
▶ 1:28:46Chair Crapo: Senator welch?
▶ 1:28:50Senator Welch: Thank you, Mr. chairman. Thank you. I congratulate you on your years of service and your qualifications to go from where you started to where you poke to be. I want to ask about the discretionary part of your job. You have got a big responsibility, obviously, to secure the border. For criminals to be deported.
▶ 1:29:15Senator Welch: But there is also an element where the overreach in the power of prosecution and law enforcement, as you know better than anyone, is immense, and can have harmful consequences. We have got folks working on dairy farms. We just had one of our most prominent dairy farms, there was an incident there.
▶ 1:29:41Senator Welch: That farm, by the way, has extremely good relations with cpv folks. These farmers understand the importance of the job. There was apparently an anonymous tip about somebody with a backpack that led to eight farmworkers being arrested. They are now in detention. We've got to milk our cows. We have got to have access to labor. None of these folks have any criminal record.
▶ 1:30:12Senator Welch: Really, this is a question of priorities. I'm with my colleagues here on securing the border. I'm with my colleagues on deporting criminals. But my goodness, we need farmworkers. How are you going to balance the aggressive efforts of the trump administration on the border in making distinctions between where you can best act in order to protect the public without harming agriculture?
▶ 1:30:42Mr. Scott: Customs and border protection, our role is unique, we are focused on the interdiction aspect. Focused on people coming into the united states illegally at the borders or international borders. We are not doing the interior enforcement aspects. I will highlight that I don't support asking law enforcement officers to not enforce the law in front of them. That is kind of the challenge.
▶ 1:31:07Mr. Scott: I like highlighting the fact that we have a visa process now where it may not be the easiest on the planet, but it is not as hard for employers to actually get guestworkers to come in.
▶ 1:31:18Sen. Welch: This farm did that. But there is always this dispute and suspicion. These people, I spoke to the farmer, none of them have any criminal records. They were all valued members of the community. By the way, the economy, this is franklin county in northern vermont, has really benefited, obviously, by the wages paid in the money spent and by maintaining these farms. These are real-world consequences for real people in vermont.
▶ 1:31:48Sen. Welch: And, I suspect, real people in many other states, especially along the northern border.
▶ 1:31:54Mr. Scott: If confirmed as commissioner, I will ensure that we enforce all of the laws that cbp enforces, immigration and, with humanity and respect, working with communities, but I can't apologize for enforcing the laws that congress enacted.
▶ 1:32:14Sen. Welch: I'm not asking you to apologize and you have a point, it's on congress that we don't have a sensible policy on act workers. That is on us. But you know what? We have got to do something about this. It's horrible, what just happened to this farm. Really terrible. These are all good people. They have been separated from their families.
▶ 1:32:39Sen. Welch: Land ports of entry in vermont, we have a library that literally, you know about this, is on between the border in canada in vermont. This is one of the challenges that you face. Canadians come in the back door on the canadian side. Vermonters come in the front door on the vermont side. Now we are getting hassled about being able to maintain something that has served that community for 100 20 years.
▶ 1:33:08Sen. Welch: I get it that you have to enforce the law, but is it a real issue about canadians coming into the canadian side of the vermont library to get a book?
▶ 1:33:20Mr. Scott: I am somewhat familiar with that library. I have not visited. I have heard the challenges. The community, the history, the interaction, and how like many times when we unintentionally create a vulnerability, criminal elements exploited.
▶ 1:33:36Sen. Welch: There's no criminal elements going to the library to check out a book.
▶ 1:33:40Mr. Scott: If they go in there, it's not to check out a book. If confirmed, I will sit down and talk through issues like that.
▶ 1:33:49Sen. Welch: I appreciate that. My time is up, but we have land ports of entry that neither hours extended. This is really important for northern border states where we have had a lot of back and forth good relations. I get that you've got to enforce the law, but in the end I hope you can find a way to be really respectful of the long term traditions that have been very beneficial for vermonters and canadians.
▶ 1:34:14Mr. Scott: Yes, sir.
▶ 1:34:15Chair Crapo: Senator cortez masto.
▶ 1:34:20Senator Cortez Masto: Thank you for being with me and congratulations on your nomination. We talked a bit about the inch up -- impact on international travel and particularly international. As you know, cbp is responsible for ensuring the safe processing of the millions of tourists and visitors who travel in the united states each year. Travel experts are estimating that the number of people arriving in the U.S.
▶ 1:34:47Senator Cortez Masto: From abroad is going to decline by 9.4% this year and travel spending to fall 12.3%. That is a $22 billion annual loss to this country. I am seeing this in projected declines of revenues, job losses in nevada as well. I have seen reports of concerning cbp practices that discourage visitors from traveling to the united states.
▶ 1:35:15Senator Cortez Masto: From your perspective, is cbp as an agency aware of the essential role that it plays in the travel and tourism industry and can you talk a bit about your priorities there?
▶ 1:35:26Mr. Scott: Thank you for that question. We are very aware of our responsibility to keep trade and travel moving. It's written into the mission statement, but isn't just something on a screen. It's part of a conversation all the time. As I mentioned earlier, national security and the economic security of this country is just as critical as many of the other factors that cbp has to deal with on a daily basis.
▶ 1:35:51Mr. Scott: There is a lot of discussion about something as simple as staffing in the airport or getting cargo coming through in the messaging, I commit to you that one of the things I brought up over and over again within cbp, and if I'm confirmed I will continue, we are literally the ambassadors to the world. Cbp officers are the first people that people interact with around the world. Sometimes U.S. citizens coming and going, these are the only officials they interact with in that relationship sets a tone.
▶ 1:36:21Mr. Scott: The professionalism and honor to deal with people in respect. Making sure that we focus our efforts on the real threats and use things like global entry, use things like nexus and fast to expedite the flow of people through the border that we already identified. People we identified is not a threat to speed up the rest of it.
▶ 1:36:43Sen. Cortez Masto: Thank you. I have sent a letter to members of the administration about the negative effects of this presidency on the economy and travel. Thank you chairman for putting it into the record. Can you help to commit to address the concerns in that letter when it comes to getting a response but also addressing the economy in general and the impact it's having on tourism?
▶ 1:37:11Sen. Cortez Masto: I'm hoping that you can commit to that and I do look forward to working with you as well.
▶ 1:37:16Mr. Scott: I'm not familiar with the specifics of the letter but I'm open to conversations and working with everyone in the committee and in the senate to make this country safer. That includes expediting the flow of legitimate trade and travel.
▶ 1:37:36Sen. Cortez Masto: Obviously the cvp -- cbp border commission ocean is critical, what is your vision for your time as commissioner?
▶ 1:37:49Mr. Scott: Can you restate that?
▶ 1:37:51Sen. Cortez Masto: What is your vision for our border operations during your time as commissioner? Mr. scott: thank you. My mission and vision is to make investments, strategic investments that actually buy time back for officers and agents to do things that leak a human being can do. The face-to-face interview, one of the questions we had earlier was about children being trafficked.
▶ 1:38:16Sen. Cortez Masto: The number one way that we have ever identified children being traffic is through face-to-face interviews. Slowing down the flow of illegal cross-border through technology and nii at the ports of entry that could get us to focus on the real threat vehicles, the trucks, it frees up the human being to do what only human beings can do.
▶ 1:38:39Sen. Cortez Masto: If approved as commissioner it will be one of my priorities for any investments, tying it back to our man-hours, human being hours, on things that only human beings can do.
▶ 1:38:49Sen. Cortez Masto: Thank you. Appreciate it.
▶ 1:38:51Chair Crapo: Senator warnock?
▶ 1:38:55Senator Warnock: Thank you, brother chairman. Mr. scott, welcome, congratulations to you, welcome to your family. When we met in my office, we agreed that we must have a secure border, no question about that. We also agreed to treat everyone who arrives at the border seeking asylum with dignity and respect. Would you agree with that?
▶ 1:39:26Mr. Scott: I think we should treat everyone with dignity and respect.
▶ 1:39:30Sen. Warnock: I agree. Therefore, I was alarmed to see the trump administration rescind a federal policy protecting sensitive locations. Locations like churches, schools , and hospitals from immigration enforcement.
▶ 1:39:52Sen. Warnock: Fomenting fear, widespread fear, and communities, like what we are seeing right now, is not treating the folks in that community with dignity or respect. Yes or no, are you currently aware, are you currently aware of any cbp presence at churches, schools, or hospitals within cbp 's geography?
▶ 1:40:15Mr. Scott: Other than recruiting? I'm not.
▶ 1:40:20Sen. Warnock: As a pastor, I know firsthand the importance of being able to worship without fear of persecution. Do you agree that cbp presence outside of a church can intimidate worshipers who are just there to worship? And who pose no threat to the community?
▶ 1:40:39Mr. Scott: I am aware that misunderstandings about cbp, what we do, the misinformation in the media can make people share when they should not -- fear when they should not.
▶ 1:40:51Sen. Warnock: Do you agree that the presence of cbp outside of church would intimidate workers who pose no threat to the community -- worshipers who pose no threat to the community?
▶ 1:41:03Mr. Scott: I'm not trying to dodge, but I can't speculate. If you are a legal resident, there's no reason to fear.
▶ 1:41:11Sen. Warnock: I can tell you that there are communities going to widespread fear despite status. I think those photos ought to be able to worship without fear. Without intimidation. I feel this deeply as a pastor. You know, every sunday I lead worship in my sanctuary. The folks who are leading worship and participate in it in sanctuaries.
▶ 1:41:42Sen. Warnock: Sanctuary ought to be just that. It ought to be sanctuary. It is clear to me that that ought to be a line that we ought to respect unless there is something urgent. And compelling.
▶ 1:41:59Sen. Warnock: You confirmed, would you permit your officers to engage in immigration and enforcement activities at churches, hospitals, and schools, even when it is clearly your targets pose no danger to others at those locations?
▶ 1:42:14Mr. Scott: If confirmed as commissioner, I commit I will have conversations with the community and we will make those decisions on a case-by-case basis. I cannot make a waiver, every case is different. There is a violation of law and cbp or ice has to take action.
▶ 1:42:34Sen. Warnock: The standard I'm asking you about is clear. If the person poses no danger or threat to themselves, do you still feel that the, that you have a compelling interest in violating what I see as sacred space in order to pursue someone who is not a danger to themselves or the community?
▶ 1:43:05Mr. Scott: I commit to you to take it on a case-by-case basis and if there are other races to take that law enforcement action , that is where it should take place. But I cannot give you a blanket. I won't mislead anybody, but I won't be giving anyone a blanket promise that we won't go into those areas if you find it to be the right thing to do.
▶ 1:43:27Sen. Warnock: Well, we are seeing this happen right now and I have to tell you that I disagree strongly with this policy. I think houses of worship are sanctuaries, sacred, folks should be able to go to the school and get an education, go to the hospital when they are sick, and we should protect these sensitive locations.
▶ 1:43:56Sen. Warnock: That's why I'm a proud cosponsor of senator blumenthal's protect soot -- protect special locations act so that people don't have to be in fear of getting medicated for worshiping god. I enjoyed our conversation. If confirmed, I would strongly encourage you to instruct your officers to treat everybody within the jurisdiction of cbp, particularly in these sensitive areas, with dignity.
▶ 1:44:20Mr. Scott: Thank you, sir.
▶ 1:44:22Chair Crapo: Senator warren?
▶ 1:44:26Senator Warren: Americans want to be safe, but in just 100 days the trump administration has started to round up people with no criminal record, move them so that even the families and lawyers you are, and deport them, even after a court has said not. That is not making our nation safer. Mr.
▶ 1:44:50Senator Warren: Scott, if confirmed as customs and border protection commissioner, you will decide whether to continue or to reverse these trends. I want to understand what policies you would follow. Last month, ice transported kill mark garcia and more than 100 others to el salvador after a court order they not be removed.
▶ 1:45:16Senator Warren: Concerns have also been raised about whether cbp is the 40 people in violation of court orders. Let me start there. Mr. scott, will it be our policy as cbp commissioner to deport people in violation of court orders?
▶ 1:45:31Mr. Scott: No, I will follow the court orders.
▶ 1:45:34Sen. Warren: That's what I like to hear. Let's try another. Last month, cbp reportedly searched the phone of a french scientist at a houston airport and reportedly found text messages criticizing trump possible research policies and then denied him entry. -- trump's research policies and then denied him entry. Will it be our policy to deny entry to passengers -- to travelers because they criticize donald trump?
▶ 1:46:05Mr. Scott: My experience, that doesn't happen.
▶ 1:46:09Sen. Warren: That's not my question. My question is will it be your policy that those who criticize donald trump will be denied entry to the united states of america?
▶ 1:46:18Mr. Scott: No. I don't believe that happens.
▶ 1:46:22Sen. Warren: And he will make sure that that is not the policy that cbp follows?
▶ 1:46:26Mr. Scott: Correct.
▶ 1:46:28Sen. Warren: One more. Lawyers and loved ones are finding cbp to be a black box that the teens people and refuses to tell anyone where they are. For hours, sometimes for days. For example, two U.S. citizen's children and their immigrant mother were detained by them for three days without being able to communicate with legal counsel or anyone in their family.
▶ 1:46:57Sen. Warren: They reported feeling "kidnapped." Mr. scott, you said you care about transparency. Will it be your policy for cbp agents to detain a family and prevent them from speaking with counsel or their families for days?
▶ 1:47:15Mr. Scott: That is not the policy of cbp, if confirmed that would not be my policy.
▶ 1:47:21Sen. Warren: All right. Will you commit to letting the public know within hours, not days, when someone is in cbp custody and where they are located, the same way that ice does?
▶ 1:47:35Mr. Scott: I have learned to not over commit to something I can't follow through on. I commit to transparency and sharing that information consistent with law and policy as quickly as possible, but cbp does slightly different work. Interdiction, processing, there isn't detention facilities, there are times lazing and they are sometimes taken somewhere else.
▶ 1:48:00Mr. Scott: I will commit to as soon as possible, but I cannot commit to a specific timeline, as it changes in different parts of the country depending on where the individual is.
▶ 1:48:08Sen. Warren: You are telling me that it can be literally days before cbp understands they have someone in to let that person be able to call a family member so they are not frantically wondering what happened to them?
▶ 1:48:20Mr. Scott: Under the last administration and the chaos created the answer to your question was yes, people being arrested were so backed up that in many cases it was taking cbp officers and patrol agents days just to get to them to do basic processing.
▶ 1:48:36Sen. Warren: In the meantime, none of them were permitted to make a phone call? You can't let them make a phone call to tell their family where they are or find a lawyer?
▶ 1:48:46Mr. Scott: I believe there were 15,000 in one day. It wasn't -- there wasn't time. It was about officer safety, keeping them safe. It's not just 15,000 families. There were criminals mixed into that. Gang members, cartel members. All of the officers and agents in this chaos have to deal with all of that in keep people safe, so it gets delayed.
▶ 1:49:11Mr. Scott: Today we don't have that problem, the trump administration created policies to deter the massive chaos on the border. Those calls will take place quicker because we actually have time.
▶ 1:49:21Sen. Warren: If the trump administration has ended all the chaos, is there a reason that you cannot commit to let people be able to reach out to their families within hours of being detained by cbp? You said you got that chaos under control now?
▶ 1:49:43Mr. Scott: If confirmed as commissioner, my commitment to you is we will let them make that call as quickly as is reasonably possible with the other factors I just outlined.
▶ 1:49:54Sen. Warren: The questions I asked are straightforward and I'm worried about what's happening now, denying people entry because they criticize donald trump. I'm worried about the feeling that people have been disappeared, including mothers with children, for days on end. And I am concerned that while I appreciate that you are making commitments to do your best year , but really we are going to need continued oversight to make sure that this happens.
▶ 1:50:25Sen. Warren: Targeting people who have never committed a crime, but who are now terrified that the united states government is going to remove them from their families without any legal help, take them off of our streets or out of our airports, that's not only wrong, it is not making us safer . I apologize for going over, Mr. chairman.
▶ 1:50:48Chair Crapo: Thank you.
▶ 1:50:52Senator Cornyn: Mr. scott, congratulations. I believe you are well qualified for this challenging job. To touch on why I think it is so challenging, we talk a lot about the border in terms of security. No question that it's very important.
▶ 1:51:11Senator Cornyn: I agree that the policies of this president have resulted in a far more secure border then we experienced for the last four years in the ministration of willfully failed to enforce those laws. It's amazing that my colleagues in the other side of the aisle kept saying during the campaign for president that we need new immigration laws. Apparently, we don't. Apparently we only needed a president willing to enforce those laws.
▶ 1:51:41Senator Cornyn: I appreciate your commitment to the rule of law and your expressions of compassion to treat everybody with dignity and respect. I think that that is the exactly right attitude. My constituents on the border are interested not only in security, but they are also interested in legitimate trade and travel. That's hard. You have to do both at the same time.
▶ 1:52:07Senator Cornyn: But what I wanted to ask you about was the screening of commercial vehicles. My understanding is that about 11% of them are currently screened by nontrusive inspection. While border patrol has tried to do what they can from a law enforcement perspective to keep the bad contraband and the bad people and people trying to enter illegally out of the country, for that we need to facilitate trade and travel.
▶ 1:52:39Senator Cornyn: Do you think that there are other things we need to do specifically regarding inspection of commercial vehicles, technology, or people? How would you increase the number of commercial vehicles that we can actually inspect for illegal contraband or people? It's critically important, what you highlighted. It's the same cartels at the ports of entry then in between.
▶ 1:53:09Senator Cornyn: That's why the ramping them up is so important. We know the cartels are just trying to take advantage of vulnerabilities in border security. Ruling out nonintrusive inspection equipment that you made investments in, getting that deployed, saving the man-hours to do the deep dive inspections is the way to go. We are looking at ways to leverage ai more.
▶ 1:53:34Senator Cornyn: We can layer that on top of our equipment to be able to identify those monopolies, but it still takes an officer to figure out what is really there. In the trucking in the continues it's more difficult, it's just a sheer space. With a place to pull a truck and a loading dock, some of the ports of entry didn't have those basic infrastructure requirements. Not to the extent that we need it.
▶ 1:54:05Senator Cornyn: If confirmed, I will commit to looking at the entire spectrum. Sidebar, looking at the novalis, arizona high school, they are famous for brokers and their if the produce guy slowed down, it was brought on the truck sometimes. I know how important it is to get the trade across to the individual families who have invested farms, to grow that, and then you take out across the entire supply chain. It is critically important and I will work with it.
▶ 1:54:34Sen. Cornyn: Mexico is a critical trading partner that supports a lot of jobs on both sides of the border. It's a challenging job, but I believe you have the experience and qualifications to try to address it. Let me ask you about de minimis shipments.
▶ 1:54:54Sen. Cornyn: One of our illegal contraband challenges is the fact that people can ship things into the united states in the so called minimus packages, valued at less than $800. These are a huge vulnerability for us when it comes to drugs, weapons, whatever. What do you think we need to do to try to get at this problem?
▶ 1:55:21Sen. Cornyn: The vulnerability caused by these de minimis inspection protocols?
▶ 1:55:28Mr. Scott: Thank you for that question. Prior to 2015 when it was only $200, the threat was slightly slower but still existed. When it went up to $800 in china and others basically created entire business models through e-commerce to ship one to 1, 1 product to one person in one day, under 800, that is the de minimis. It went to over a billion shipments.
▶ 1:55:57Mr. Scott: Managing that is almost like what we just talked about with trucks at the border. Want to inspect every single package? It will back up trade to the point where it's not acceptable. Getting information in advance, and we have legislation, when I say we I mean cbp told me that they are working on legislation to improve data points and our ability based on what we know to target those shipments and make strategic introductions.
▶ 1:56:26Mr. Scott: Improving the security of the supply chain, working with customs brokers and carriers like fedex, dhl, to make sure they are tightening up supply chains so that we know where it's coming from. The national targeting center they have does really well. They made a big impact in the arena. Having consistent data points on board will make a big difference.
▶ 1:56:52Chair Crapo: Thank you. Senator tillis?
▶ 1:56:59Senator Tillis: Mr. scott, thank you for your willingness to serve him for being here. One of the questions -- first off, let's start out with what is the -- how would you judge the mood and the morale of the 60,000 people coming in that you will be responsible for? What is your first 30, 60, 90 days look like with respect to the organization?
▶ 1:57:25Mr. Scott: Morale within cbp specifically has improved dramatically since the 20th of january. I have served as a senior advisor, walking the halls. People know me because I was there before. They literally try to stay out of the politics. They are nonpartisan civil servants. The transition team that came in were seen as saviors and they feel like they are allowed to do their job.
▶ 1:57:53Mr. Scott: It's at the point now where we have to tell people to come home and sleep and come back tomorrow because they want to stay to do their job.
▶ 1:58:00Sen. Tillis: This question got me in trouble when I said a while back. The time I spent on the border, the border patrol agent's, those are the ones you have to talk to . If you are a patrol officer you don't talk to somebody back in the office or at hq. You talk to the people on the ground who are out there putting their lives on the line.
▶ 1:58:26Sen. Tillis: Any time I talked to them, they said we really need people, technology, and infrastructure. Obviously, supportive policies. But the way to seal the borders through technology and infrastructure. I'm wondering, under any circumstance do you think that just a 30 foot wall from the texas coast to the california coast is the most effective way to seal the border?
▶ 1:58:53Mr. Scott: I think it's a very cost-effective way, if you add what it really is, a system.
▶ 1:58:59Sen. Tillis: A system, that's what I'm getting to. In my mind, a system is all weather roads where you might have crazy problems or whatever, easements were border patrol agent's can quickly get to being hydra stacked with situational awareness in areas that are not influenced by walls or other barriers. People, technology, infrastructure versus bricks building a 30 foot wall.
▶ 1:59:26Sen. Tillis: I hate to keep on going after this, but I'm an nerdy, technical person. Why do we need a 30 foot wall on a 1000 foot cliff? I understand if it is an area with a fair amount of traffic while we might need a hydra stat or a drone or some other intelligence gathering sensor. Is that the way that we ultimately get to a wall that really helps along with the enormously successful policies the president has implemented in his first 100 days on the job?
▶ 1:59:54Sen. Tillis: How do you get something sustainable?
▶ 1:59:58Mr. Scott: It's a methodical process. I cannot give you a yes or no answer, I wish I could. Border patrol has a thought out process. What does it costs? When we improved the system in san diego, a short 12 mile section of that border wall system with all of the attributes that you talked about reduced the need of personnel by one hundred 50 agents every 24 hours. That was a $28 million return.
▶ 2:00:25Sen. Tillis: That's rocksolid. But what you do in san diego you might not do in yuma past or eagle sector. Each and every one of them need to be instructed by the experts to say that these structures work. These other layers. I'm trying to say to my constituents that I'm not against a wall, I am for securing the border. Building on the great work that the president has done.
▶ 2:00:52Sen. Tillis: Clearly, the crisis we had at the border was a creation of biden. The reason we know that is in his first week, he rescinded the executive orders that had slowed down future flow from the prior trump administration. It seems to me that if we are going to have a border bill, we have to get this right once and for all.
▶ 2:01:20Sen. Tillis: But we have to be clear I did on exactly what we need to do and exactly how much it is going to caused. Last question before I run out of time, I was happy to hear that the mexican government was going to send 10,000 people to the northern border. But I would be really happy to hear if they are interested in sending 5000 people to their southern border, really that's the best way to stem the flow through the isthmus. Do you agree?
▶ 2:01:48Mr. Scott: I do agree. In the last administration, we tried to build out a western hemisphere security package down on the northern triangle. Identifying that if we secured the western hemisphere it kept us all safer. Some places were easier to patrol than others.
▶ 2:02:08Mr. Scott: That 700 mile section of border on the southern part of mexico, it's significantly easier to try to control than the entire northern border. I like that you highlighted that . I wanted to remind people that this isn't about mexico. Border patrol and customs border protection rested people from 100 and 50 nations every year.
▶ 2:02:29Sen. Tillis: I look forward to working with you. I look forward to supporting your nomination. Thank you, Mr. chair.
▶ 2:02:37Chair Crapo: Senator daines?
▶ 2:02:42Senator Daines: Chief scott, welcome, I don't say this lightly, you are an outstanding and uniquely qualified nominee. Thank you for stepping up for this important role. I enjoyed our visit. You have the right experience and background. Your gut sense here in the job, it's so important to being successful. We will talk for a minute about this.
▶ 2:03:10Senator Daines: Looking north and south, I'm just thrilled that in the first 100 days one of your biggest success stories has been what's happened in securing our southern border. It truly was not just about more policy, it was about the right president.
▶ 2:03:31Senator Daines: As I have engaged with law enforcement back in montana, in my hometown of bozeman where I grew up, kindergarten through college there, we had gang members there in bozeman. Some of the most violent, vile illegals in our country.
▶ 2:03:50Senator Daines: What was remarkable was as I quietly chatted with law enforcement on the ground, they told me they were not getting virtually any response from ice under the biden administration that wasn't the fault of ice, it was the fault of the leadership. The organization reflecting what the leadership reflected. As soon as trump was sworn in, within 30 days those ice agents swarmed and got those tda guys apprehended and deported from our country.
▶ 2:04:20Senator Daines: That directly affects my hometown of bozeman and I'm grateful the same thing has happened in the northwest parts of our state. Human traffickers and cartels will take the path of least resistance. Challenging the resources of the personnel stretched thin.
▶ 2:04:42Senator Daines: I associate myself with senator tillis, on the ride along's and border patrol on the southern border, as you mentioned within the first 11 days of the 2324 fiscal year, the number of countries that made apprehensions in the first 11 days, it was a jaw-dropping list of about 50 to 75 different countries in the first 11 days of the fiscal year. Just a reminder that it's not just a mexico issue as you stated.
▶ 2:05:10Senator Daines: As I think about the borders, the southern border, roughly 2000 miles. Northern border, about 4000 miles. Just take the continental 2000 on the northern border, twice as big. Montana, 545 east to west on the northern border. That is like drawing a straight line from D.C. to atlanta.
▶ 2:05:38Senator Daines: Would you agree that there is a need for more personnel, equipment, and resources on the northern border?
▶ 2:05:44Mr. Scott: I would. If I could add a little, when I was chief of the border patrol I was happy to see that the same thing was going on when I came back as a policy advisor. There is a lot of discussion about building out the northern border. It's not being ignored, it just doesn't have the priority focus right now. If confirmed as the commissioner, my commitment to you as we said in the office is that we will continue to build that out. Rcmp is a great partner.
▶ 2:06:14Mr. Scott: We share information at a much higher level. They are just more trustworthy. Even they don't have enough resources. I have been exposed to some plans that I want to share with you. I couldn't when I was with you the other day about the border patrol vision on the northern border. With fairly small investments that should make huge returns long-term. My commitment to you is that we will not ignore the northern border.
▶ 2:06:42Sen. Daines: I want to shift gears and talk you about the trade we have with canada. Cbp agents play a critical role in facilitating that. The commerce going back and forth, cargo rest -- classifications, duty collections. Trump has made it clear that he wants to use every tool available to been trading partners to the negotiating table to secure better terms. Negotiations occur as we speak.
▶ 2:07:14Sen. Daines: It's important that importers received clear and accurate guidance from cbp on status, classification of goods in order to reduce uncertainty. Farmers and ranchers in montana, our number one trading partner canada. Fertilizer imports and heavy machinery come from canada and are crucial for their operations, particularly in this planting season. We have narrow windows for planting in montana. Harvest, coming up in the late summer or fall.
▶ 2:07:47Sen. Daines: With spring planting season now well in gear, time spent at these ports spent sorting through complexities with delays in shipping will put more stress on producers. Looking at barley and wheat prices, it's enough stress on a good day at the ports, not to mention the stress of the port.
▶ 2:08:08Sen. Daines: Will you commit to offering clear and timely god -- guidance for montana borders to ensure compliance in the fastest resolution regarding some of these cross-border trade issues?
▶ 2:08:19Mr. Scott: If confirmed, I will. We have an office of trade relations outside the national office focused on just that and I will commit to focusing on staffing that office to make sure they are available to answer those questions. I can tell you that from interacting with them, they are excited about it.
▶ 2:08:38Sen. Daines: Music to my ears. On these ports of entry, we shared 13 land and border crossings with canada. I agree with you, canadians are great partners in terms of sharing information and are trustworthy, working well together. Canada is our top export market. Thousands cross every day.
▶ 2:09:04Sen. Daines: Hours of operational reports of entry were significantly impacted by the pandemic, and they have unfortunately yet to return to pre-covid hours. If confirmed, I would urge you to expand the hours of operation at our ports of entry at a minimum to match the operating hours with our adjacent canadian ports. I want to add this to your to do list. You're going to get confirmed and be on the job, just got to get through the senate.
▶ 2:09:32Sen. Daines: This parody will reduce confusion. It's a mismatch when the canadians have more hours than we do. It is a problem resulting in an increase in vehicular traffic. It will help us out in montana.
▶ 2:09:45Mr. Scott: If confirmed, I promise to look into it.
▶ 2:09:49Sen. Daines: Thank you.
▶ 2:09:50Sen. Wyden: Senator crapo has got to go make votes and we won't get into anything new. I will wrap up our procedures for moving forward. I just want to reiterate that I continue to be concerned about the lack of documentation responding to the key issues. The question of whether what was done with Mr.
▶ 2:10:18Sen. Wyden: Rojas was legally inappropriate. The secretary is not giving me the document. I'm told that there are all kinds of documents and you are a terrific guy. Let's have the documents and we can discuss that. I want to make it clear that I'm interested in the documents, attesting to the facts of the matters, that there are differences of opinion.
▶ 2:10:47Sen. Wyden: If you have facts that suggest that what Mr. wong said was inaccurate, I would like to see the facts in that regard. And then we have this new report that I discussed. We will want to make sure you have a chance to comment on that as well. That is what I'm interested in. My door remains open as well to get the facts surrounding those essential issues.
▶ 2:11:14Sen. Wyden: I remind my colleagues of the deadline for submitting any questions to the record, it's 5 p.m., monday, may 5. With that, the finance committee is adjourned.