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Assistant Secretary for Legislative AffairsU.S. Department of Homeland SecurityWashington, DC 20528

HomelandSecurityDecember 3,2010

The Honorable John ComynUnited States SenateWashington, DC 20510Dear Senator Comyn:

I am writing in response to your October 21,2010 letter, regarding the Department'senforcement of immigration laws. Your suggestion that this Department is not committed toenforcing the Nation's immigration laws is contradicted by our record. In fact, over the past22 months, this Department has engaged in record enforcement, removing more aliens in both2009 and 2010 than in any point in the history of our country, including more than 195,000criminal aliens last year.

At current budget levels, U.S. Immigration and Customs Enforcement (ICE) has the abilityto remove approximately 400,000 aliens in a fiscal year. Our conservative estimate suggests thatICE would require a budget ofmore than $135 billion dollars to apprehend, detain and remove theNation 's entire illegal immigrant popUlation. Such a budget would constitute a dramatic increaseover ICE's current budget of$5.8 billion dollars. Notably, this figure does not include the costsassociated with U.S. Customs and Border Protection or the Department of Justice. Consequently, itis the strong conviction of this Department that ICE should make every effort to prioritize theidentification, apprehension and removal of criminals and others who present the greatest threat toour communities, just as any other law enforcement office sets priorities. Failing to set prioritieswould allow dangerous criminal aliens to remain in our neighborhoods and communities-a resultthat would constitute an unacceptable abdication of the Department's obligation to protect theAmerican public.

While ICE has focused its enforcement priorities on criminal aliens and those who pose athreat to our public safety and national security, we have not ceased enforcing the law against noncriminal offenders or others apprehended or encountered by this Department. It is the policy of thisDepartment to fully enforce the law in all appropriate cases. I want to assure you that, contrary tothe mistaken assumption underpinning your letter, we are enforcing the law against aliens weencounter, criminal and non-criminal, and will continue to do so.Indeed, over the past two years, we have requested additional resources to enhance theseefforts. ICE's FY 2011 budget submission sought increases in our detention capacity and in civilenforcement personnel as compared to 2009. In addition, at the President's request, Congresspassed the 2010 Emergency Border Security Supplemental Appropriations Act, which included$80 million for ICE to hire more than 250 special agents, investigators, and intelligence analysts.

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The Honorable John CornynPage 2This Administration has also dedicated historic levels of personnel, technology, andresources to the Southwest border, and these initiatives and investments have yielded significantresults. In fiscal years 2009 and 2010, CBP seized more than $104 million in southbound illegalcurrency an increase of approximately $28 million compared to 2007-2008. Further, in fiscalyears 2009 and 2010, CBP and ICE seized more than $282 million in illegal currency, more than

7 million pounds ofdrugs, and more than 6,800 weapons along the southwest border - increases ofmore than $73 million, more than 1 million pounds of drugs and more than 1,500 weaponscompared to 2007-2008. Additionally, in fiscal year 2010, ICE set a record for overall removals ofillegal aliens, with more than 392,000 removals nationwide. Moreover, nationwide Border Patrolapprehensions of illegal aliens decreased from nearly 724,000 in FY 2008 to approximately 463,000in FY 2010, a 36 percent reduction, indicating that fewer people are attempting to illegally cross theborder.I can assure you that the directive you cited in your letter instructing ICE attorneys to seekthe dismissal of immigration proceedings involving certain classes of criminal aliens does not exist.To focus the limited docket space of the Executive Office for Immigration Review on cases against

aliens who are likely to be removed from the United States, an August 20, 2010 ICE memorandumallows for dismissal of removal proceedings if ICE attorneys determine, as a matter of law, that analien is eligible to remain in this country. This guidance affects very few aliens, generallynon-criminals who have married a U.S. citizen. In these limited circumstances, and afterconfirming that the person does not pose national security and public safety risks, ICE attorneysmay move to dismiss the case without prejudice. I hope we can agree that consuming immigrationcourts' limited docket space on matters involving individuals on the verge ofbecoming lawfulpermanent residents would be an ineffective and inefficient use of resources.In summary, ICE is engaged in serious and sustained immigration enforcement whichprioritizes the use of its resources in a manner that best enhances public safety and removes

dangerous criminals from our streets. Senators Kyl, Grassley, Hatch, Coburn, Graham, andSessions, who co-signed your letter, will receive separate, identical responses. Should you wish todiscuss this Administration's immigration enforcement record further, please do not hesitate tocontact me at (202) 447-5890.Respectfully,

Nelson PeacockAssistant Secretary for Legislative Affairs