Testimony for Hearing to Be Conducted in Indiana on February 9, 2011 on SB 0590

8/7/2019 Testimony for Hearing to Be Conducted in Indiana on February 9, 2011 on SB 0590

1/6

Testimony for Hearing on Indiana State Senate Bill 0590

Michael W. Cutler, Senior Special Agent, INS (Ret.)

I greatly appreciate the opportunity to address this hearing today. I have traveled from my home stateof New York to Indiana to offer my support to Senate Bill 0590 proposed by Indiana State SenatorMike Delph. I traveled this far to be here today because I feel so strongly about that bill that is being

considered by this legislative body.

You may be surprised to know that I am not a political conservative by anyone's definition- in fact, Ihave be registered as a Democrat ever since I cast my very first ballot in an election more than fourdecades ago.

To my thinking, the issue of border security and the effective enforcement of our nation's immigrationlaws is not a Democrat issue or a Republican issue. This is not about Left or Right but rather aboutright or wrong.

Simply stated, a country without secure borders can no more stand than can a house without walls.

I am a lifelong resident of the City of New York- a city that is arguably the most diverse city in ournation if not the world. I love the diversity of my fellow New Yorkers. I am the son of an immigrantand certainly have no issue with lawful immigration provided that the process by which immigration ishandled has real integrity. The problem is that today our nation's borders are extremely porous and theimmigration system itself, lacks even a shred of integrity. These failures subject our nation and ourcitizens to a multitude of problems. These failures impact everything from national security, criminaljustice and community safety to the economy, the environment, healthcare and education.

As a New Yorker, the ashes from the conflagration at Ground Zero landed on my neighborhood.Those ashes landed on my home and my family and me. Those ashes, in part, contained the remains of

some of my neighbors.

I lost both of my parents to cancer when I was a college student. I will never forget them, I like to saythat I am still standing on their shoulders.

My mom legally immigrated to the United States as a teenage girl who lived in a rooming house andworked in an umbrella factory for $3.00 per week in the 1920's. It is fortunate she came here becausemost of her family including her mother, for whom I was named, were killed in the Holocaust. My dadwas born in Brooklyn to immigrant parents who came here from Romania a year or two before he wasborn. He was a plumber and he will always be my biggest hero. He and his buddies in the constructiontrades built this nation. They embodied the Can Do spirit. For them there was no challenge too

great. There was no job that was too dangerous, too filthy or too backbreaking. Today's constructionworkers and other blue collar workers are no different.

When people look down their noses at hard working blue collar Americans and tell you that illegalaliens will do the work Americans won't do, they are leaving out something really important- thatillegal aliens will work for substandard wages under conditions that are often so substandard as to beillegal.


2/6

Time and time again, studies have hammered home the same essential point- there are no workers onthe face of this planet who are more conscientious or productive than American workers. There is nojob an American won't do for a fair wage and decent working conditions- and do it better than anyoneelse.

I believe that my professional background makes me uniquely qualified to provide my opinions onSenator Delph's bill. I spent approximately 30 years as an officer of the former INS (Immigration andNaturalization Service) and took the scenic tour. I began my career with the INS in October 1971when I entered on duty as an Immigration Inspector assigned to John F. Kennedy International Airportin New York City. During the four years I served as an Immigration Inspector, I was detailed for oneyear as an adjudications officer to the unit that adjudicated applications for the conferring of residentalien status upon aliens who were married to United States citizens or resident aliens.

I remained in that position for approximately four years when, in 1975, I became a CriminalInvestigator / Special Agent of the INS in New York. I subsequently rotated through all of the squadswithin the investigations branch and, in 1988, was assigned to the Unified Intelligence Division (UID)of the DEA (Drug Enforcement Administration). I was the first INS special agent to be given thisassignment. In 1991 I was promoted to the position of Senior Special Agent and assigned to theOrganized Crime, Drug Enforcement Task Force (OCDETF) where I remained for the balance of mycareer with the INS.

Throughout my career, I worked closely with members of the NYPD and other local policedepartments as well as with members of the New York State Police, the Port Authority Police, membersof nearly every federal law enforcement agencies and members of law enforcement organizations fromCanada, Israel, Japan and England.

I have testified before more than a dozen Congressional hearings; most recently I was invited toprovide testimony at a hearing conducted just last week, before the House Subcommittee onImmigration Policy and Enforcement in Washington, D.C. on the topic of Worksite Enforcement.

I provided testimony to the Presidential Commission on the Terrorist Attacks of September 11, 2001. Ihave provided testimony at various state legislative hearings in New York, Texas, Maryland and evenhere, previously in Indiana. I also provided a declaration in support of the Arizona Immigration Law,SB 1070.

Finally, I have provided expert witness testimony at a number of federal trials where immigration lawwas at issue.

The enforcement of our nation's immigration laws is essential because of the widespread impact thatimmigration has on our nation. While there are those who will state that immigration is solely theresponsibility of the federal government, indeed only the federal government is empowered to setimmigration policies, the enforcement of immigration laws that are on the books can and must becarried out by local as well as federal officials. Former Speaker of the House, Tip O'Neal isremembered for famously remarking that All politics is local. In point of fact, all law enforcement isalso local. When aliens run our nation's borders or otherwise gain entry to our nation and then commitcrimes in our country, those crimes are committed in cities and towns within the United States from


3/6

coast to coast and border to border. All too often those crimes have an immediate severe impact on theresidents of those towns and cities.

It is important to note that our immigration laws are blind as to the color, ethnicity, religion or othersuch factors of the people who are subject to those laws. The only distinction immigration laws domake is to distinguish citizens of our country from those who are not citizens. Under the immigration

laws, non-citizens are referred to by a term that advocates for open borders would just as soon strikefrom our language- that term is Alien. There is nothing derogatory about that term and, in fact, it isimportant to note the official definition of the term alien as noted in the Immigration and NationalityAct. Under that body of laws, an alien is simply defined as being any person who is not a citizen ornational of the United States. I defy anyone to tell me how that definition insults or denigrates anyone.Virtually every other country on this planet uses a comparable term to describe foreign nationals whoare found within their borders.

As I have noted when I have testified before Congressional hearings and other venues, when alienscircumvent the inspections process, there is no way of knowing if such aliens are desperate for a job,something that in and of itself represents a violation of our nation's immigration laws, or if that personhas something far more sinister in mind.

The inspections process as carried out by inspectors of CBP (Customs and Border Protection) issupposed to prevent the entry of aliens into our country whose presence would be harmful to our nationand our citizens. You need only consider the list of grounds that would render an alien excludible fromthe United States. It includes aliens who suffer from dangerous communicable diseases, aliens whosuffer from serious mental illness and are prone to violence, aliens who are convicted felons, alienswho engage in human trafficking or drug smuggling, aliens who have committed war crimes or havecommitted human rights violations, aliens who have been previously deported from the United Statesand never received authorization to return to the United States, aliens who are engaged in espionageand aliens who are involved in terrorism.

This list is not all inclusive, but I think you get the idea as to the nature of the aliens our immigrationlaws deem excludible. In this perilous era in which the safety of our citizens and the security of ournation is threatened by members of transnational gangs and terrorist organizations- I can tell youwithout equivocation, that our nation cannot protect itself or its citizens unless our immigration lawsare effectively enforced.

Concerns about our nation's porous borders are not just of concern to the traditional border states.First of all, aliens who run our nation's borders are generally not seeking to set up shop near the borderbut head for the rest of our country. Last year Janet Napolitano stated that more than 230 cities havebecome infested by members of the Mexican drug cartels. There are also other transnational gangs andcriminal organizations from virtually every other nation on our planet to be found in every one of ournation's 50 states. Additionally, it has been estimated that some 40% of the illegal aliens who areillegally present in our country did not run our nation's borders but were admitted through a port ofentry and then either overstayed the period of time for which they were admitted into the United Statesor otherwise violated their terms of admission. Therefore it is important to note that any state that has aseaport or international airport must also be considered a border state.

In reviewing Senator Delph's bill, it is clear that the legislation parallels the federal immigration laws


4/6

and makes perfect sense for the people of Indiana.

Let me cite a couple of examples.

When a police officer interacts with anyone in the course of his (her) official duties, the first order ofbusiness is to as completely and accurately identify that person. This is about the safety of the officer

and about carrying out his mission as completely as possible. For example, if a motorist is observedcommitting a violation of motor vehicle law and the police officer has decided to issue a summons, theconcern has to be as to whether or not the motorist is likely to appear in traffic court. This is similar innature to the way a judge conducts a bail hearing. An individual who has no documentation to reliablyestablish his identity may well provide a false name and a nonexistent address. In such an instance, ifthe person is issue a summons in that false name, it must be presumed that he will never appear incourt. Therefore it is a matter of commonsense and prudence to determine the true identity of theperson encountered by law enforcement and must take immigration status into account.

The issue of immigration status must also be taken into account by judges who are charged with settingbail in criminal cases. There are only two components to a bail hearing- danger to the community andrisk of flight. Generally the issue of danger to the community is established by the nature of the crimethe defendant is charged with. Risk of flight can be quite nebulous. Often the defendant's immigrationrecord can provide extremely insightful information. Consider the clarity that may be provided to ajudge officiating over a bail hearing if, for example, the defendant is an illegal alien who has jumpedimmigration bonds in the past, has previously provided multiple false identities and nonexistentaddresses. Certainly this sort of information can be absolutely essential to providing criticalinformation to a judge who has to determine what bail, if any, should be set. This information wouldonly be available to the judge if local law enforcement takes immigration status into account andfollows up by contacting ICE (Immigration and Customs Enforcement).

I know that those who oppose my perspective will tell you that if local police enforce immigration lawsthat community policing efforts will suffer. Allow me to lay waste to that falsehood. As I noted when Ifirst started speaking, I spent most of my 26 years as an INS special agent working in close cooperationwith local police departments in New York. One of the benefits they found in working with me was thefact that I could help them gain the cooperation of aliens who were involved in criminal activities andalso help victims of crimes who were aliens by offering them opportunities to become cooperators.There are various visas that can be given to aliens who cooperate with law enforcement that ultimatelywould enable them to remain in the United States lawfully and, in some cases, even enable them tohave their families join them in the United States. This provides a unique and extremely powerfulincentive for aliens to cooperate with law enforcement.

On the other side, there are certain provisions of federal law that provide extremely potent tools for lawenforcement to prosecute aliens engaged in criminal activities that can only be brought to bear ifimmigration laws and the cooperation of ICE can be secured. For example, an alien who was deportedfrom the United States and unlawfully reenters is facing a maximum of 2 years in jail if that alien hasnot felony convictions. However, an alien who has felony convictions and has been deported faces amaximum of 20 years in prison for the crime unlawful reentry. I am proud to tell you that I had workedwith then New York Senator Al D'Amato in the early 1980's to get that law enacted and it is a powerfullaw enforcement tool.


5/6

There are other federal statutes that can also be brought to bear against aliens involved in seriouscriminal acts.

The point is that in order for these benefits to be realized, the immigration status of the individual hasto be determined by the law enforcement officers who encounter that individual.

From the standpoint of discouraging the employment of illegal aliens, it is important to note that theprospect of securing unlawful employment is the magnet that draws the majority of illegal aliens intothe United States.

The folks who oppose the enforcement of our nation's immigration laws will tell you that those whofavor the enforcement of immigration laws are anti-immigrant. Nothing could possibly be furtherfrom the truth. The reason that an employer intentionally hires illegal aliens can be summed up by oneword, Greed. Illegal aliens are vulnerable to exploitation. This is not conjecture on my part butsomething I observed up close and in person when I was assigned to a squad that investigatedcompanies that hired illegal aliens. The exploitation was often so horrific that it was impossible to gohome and sleep on some evenings when I went off duty.

The American Dream cannot be bought for an $8.00 an hour job. Furthermore, I want to makesomething as clear as I know how. Illegal aliens who are desperate for a job because of their deplorablesituation in their home countries are not our enemies. However, when you consider how manyAmerican families are losing their homes, when you consider that it has been estimated that one fifth ofall Americans now live below the poverty line and that mortgage foreclosures are at an all time high, itis of extreme importance that we, as a nation, seek to help our fellow Americans first.

Denying employment to illegal aliens would take significant pressure off of our nation's porous bordersand would also stanch the flow of tens of billions of dollars of money wired or otherwise transmitted byillegal aliens from the United States to their home countries adding to our burgeoning national debt.This is money that is not spent in the United States, money that is not invested in the United States andmoney that is not earned by United States citizens and lawful immigrants who are finding itincreasingly difficult to support themselves and their families given the economic hardship that ever somany Americans are now facing today.

Enforcing employer sanctions on the local level. As called for in SB 0590, to augment the relativelymeager efforts of the federal government is essential, especially now.

Just about every politician talks about the need to create new jobs. However, if new jobs are createdbut are then taken by illegal aliens and not United States citizens or resident aliens, neither our citizensnor our nation would benefit from those newly created jobs.

Turning off the jobs magnet would also provide important national security/community safety benefits.Terrorists and criminal aliens often seek employment as a means of embedding themselves in acommunity. Terrorists and criminals are often described by the jobs they held at the time that they werearrested, jobs that provided them with money, camouflage and mobility. As an INS Special Agent Ioften apprehended criminal aliens on the jobs where they worked. These aliens had lengthy convictionrecords and may well have been previously deported and were working illegally at nondescript jobsthat enabled them to hide in plain sight.


6/6

Leaders at ICE often note their concerns about illegal aliens working at what are described as beingcomponents of critical infrastructure such as airports, nuclear power plants, and military bases.

Recently officials of the DHS voiced concerns about Mumbai-style attacks being carried out in theUnited States that would target hotels or places where large numbers of people congregate as well.

It would then logically follow that critical infrastructure should also include food processing plants.

How secure is our nation and how safe are our citizens, when you consider that there are manythousands of illegal aliens working in our country in a variety of venues, including food processingplants as well as restaurants and hotels, where they may come into direct contact with the food we eatand there is no way of knowing their true identities, or backgrounds, or intentions?

A final point to consider: local law enforcement often assists the federal government by apprehendingcriminals wanted for committing federal crimes.

A significant number of the FBI's Ten Most Wanted have, in fact, been apprehended by local copsduring the course of routine patrol.

The idea of having local law enforcement assisting the federal government is a matter of routine and isof great importance to the federal government as well as to local communities and individual states.

When you consider the true importance of our nation's immigration laws, you have to come to theconclusion that SB 0590 provides a commonsense means for the state of Indiana to help its residentsand the United States all at the same time.

I hope SB 0590 will become the law of the Hoosier State.

I look forward to your questions.

Testimony for Hearing to Be Conducted in Indiana on February 9, 2011 on SB 0590

Documents

Transcript of Testimony for Hearing to Be Conducted in Indiana on February 9, 2011 on SB 0590