Letter to the Hon. Alejandro Mayorkas, Secretary of the US Department of Homeland Security - Herrell Demands Oversight of Border Wall Funds

Letter

Dear Secretary Mayorkas,
We are conducting oversight of President Biden's use of executive action to stop
construction of the border wall and how this decision impacts the duty of the Department of
Homeland Security (DHS) to protect our border. This potentially dangerous action not only
harms our national security and thwarts the will of Congress, but also leaves American citizens
living near the southwest border vulnerable to activities involving cartels and smugglers.
Since taking office, President Biden has used an unprecedented number of executive
actions to bypass Congress.
On the day he was inaugurated, President Biden signed a
proclamation stopping construction of the border wall for 60 days.2
This is particularly
concerning since Congress agreed in December 2020 that $1,375,000,000 be appropriated "for
the construction of [a] barrier system along the southwest border."3
In fact, every year since
Fiscal Year 2018, Congress has provided funds for barriers and fencing along the southwest
border, clearly signaling Congress's intent to secure the border with a physical barrier.4
The
Government Accountability Office has concluded that, "Faithful execution of the law does not
permit the president to substitute his own policy priorities for those that Congress has enacted into law."5
Unfortunately, in this case, President Biden has decided to use executive action to
disregard the law passed by Congress and signed by President Trump.
The decision to pause border wall construction is particularly confounding given
President Biden's past support for the Secure Fence Act of 2006.6
Then-Senator Biden stated
that the border fence would prevent "tons" of drugs from entering the country.
7
This view is
consistent with recent DHS findings. In October 2020, DHS stated that border barriers have
"proved to be a critical component in gaining operational control of the border."8
In many areas
where the wall was constructed it resulted in a significant decrease in illegal entry while also
saving taxpayer money by requiring less manpower.9
American citizens on the border have experienced firsthand the dangers posed by the lack
of adequate physical barriers along the border. We have heard many accounts of those whose
safety and security have been directly affected by the lack of a physical barrier. In one of many
examples, a rancher and constituent of new Committee Member Representative Herrell, along
the border in New Mexico, explained how an incomplete wall along his property has effectively
become a funnel for thousands of migrants and smugglers. This has led to people crossing
through his land, killing and stealing his livestock, and in one instance holding him at gunpoint
and stealing his truck. Similar accounts from others who live in our border communities are
unsettling and unacceptable.
In the wake of the Biden Administration's decision to lighten border security and propose
amnesty for illegal immigrants, numbers of illegal southern border crossings are steadily
increasing.
10 One media report found that, "smugglers are using Biden's promises to restart
asylum, legalize illegal immigrants and stop enforcement by Immigration and Customs
Enforcement to encourage migrants to make the journey."11 This raises serious concerns about
how the Biden Administration intends to secure the border, particularly since it decided to pause
wall construction and divert the funds elsewhere.
In order for Committee Republicans to better understand the Biden Administration's
border security policies, please provide the following documents and information as soon as
possible but no later than February 18, 2021:
1. All documents and communications related to President Biden's decision to halt
construction of the border wall for 60 days.
All documents and communications related to the $1.3 billion in funds specifically
appropriated for construction of the border wall including but not limited to any
repurposing of these funds.
3. All documents and communications related to the Department of Homeland Security's
plan to ensure effective border security and safety of Americans living in border regions,
particularly in those areas where construction of physical barriers was halted, including
what additional resources will be necessary due to the halt in construction.
4. All documents sufficient to show a full accounting of funds appropriated to the
Department of Homeland Security for the "construction of barrier system along the
southwest border" for FY2018, FY2019, FY2020, and FY2021, including funds
obligated, where and how they were obligated, and what appropriated money remains to
be obligated.
5. All documents and communications from January 20, 2021 to present related to any of
the following along the southwestern border: a) increased illegal entries, b) drug
trafficking, c) firearms trafficking, d) violent incidents involving American citizens.
In addition, please make arrangements to schedule the briefing on these matters no later
than February 11, 2021. To schedule the briefing or ask any follow-up or related questions,
please contact Committee on Oversight and Reform Republican staff at (202) 225-5074.
The Committee on Oversight and Reform is the principal oversight committee of the U.S.
House of Representatives and has broad authority to investigate "any matter" at "any time" under
House Rule X. Thank you in advance for your cooperation with this inquiry.
Sincerely,