Arizona Governor Janet Napolitano, nominated by President-elect Obama to be the nation's third Homeland Security Secretary, testified at her confirmation hearing on January 15, 2009 before the Homeland Security and Governmental Affairs Committee. The committee, supportive of Napolitano's nomination, listened as Napolitano communicated her experience and vision for the department. An informed and oftentimes witty Napolitano easily established her readiness to serve as Homeland Security Secretary. Senator Lieberman, Committee Chairman, agreed to support Napolitano's nomination on inauguration day.
While the two-hour and 20-minute hearing explored many areas of Homeland Security, immigration obviously played a large part in the discussion. Following are Napolitano's responses to key immigration issues.
Visa Waiver Program
When asked for her stance on the GAO recommendations for the visa waiver program and recent ESTA issues, Napolitano said that she had not had an opportunity to look at the the issue closely, but expressed her desire for balance--a balance that needs to be struck "between the security needs of our county and and public diplomacy."
Employer Enforcement - Hiring Undocumented Workers
Napolitano pointed out that her state of Arizona had implemented the nation's strongest sanctions bill against these types of employers. She suggested that the problem doesn't exist in a vacuum; you "have to deal with immigration from the demand side as well as from the supply side." Border enforcement plays a key role, "but you also have to look at what brings them across the border--and that is the prospect of a job." In addition, Napolitano suggested that we need to do a better job of enforcing the consequences for employing undocumented workers. She said one of the first things she would do as Homeland Security Secretary is "begin a collaboration with the Department of Justice and U.S. Attorneys offices across the country to start moving prosecution cases through the system."
REAL ID
Legal immigrants have enough trouble trying to obtain a driver's license, so the idea of an enhanced identification program that requires proof of immigration status is daunting. As governor of Arizona, Napolitano's state rejected REAL ID (as did half of all states). Napolitano diagreed with the "unfunded mandate" and stressed that the states do not have the money to implement the program. She expressed a desire to sit down with the governors to establish a partnership and get their input, and would support any new legislative action.
Border Security
Not surprisingly, border security was a popular topic during the hearing. When asked how Napolitano as the new Homeland Security Secretary would enforce immigration laws and better secure our borders, Napolitano explained that border security "requires a strategic system" consisting of a few parts: barriers (fences and technology), manpower and enforcement. She explained that manpower on its own isn't enough to adequately cover the almost 2000-mile border, so this needs to be augmented with fences--both physical and technological. If someone is able to get through the border--and Napolitano acknowledges that "you'll never have 100% protection"--then "interior enforcement," such as action against employers, becomes the back-up plan.
Napolitano was careful to point out that labor isn't the only reason people cross the border illegally. Another "key focus" according to Napolitano are the drug dealers, human traffickers, terrorists and other "evil doers" who cross our borders. She made the case for continuing to provide adequate law enforcement to deal with the issue, and went so far as to state her intention of "working with Defense Secretary Robert Gates to see if there can be a continuing role for the National Guard at the border."
America's northern border is usually absent from most border security discussions but Napolitano's confirmation hearing was an exception. Senators from northern states expressed their dismay at the northern border being "shortchanged." Although a requirement exists to provide 20% of any increase in border manpower to the U.S.-Canada border, only 6% had been provided in the past two years. Napolitano acknowledged the discrepancy and assured the Committee that her department would "meet the requirements of the law."
Treatment of Asylum Seekers
Senator Lieberman pointed out that non-criminal aliens are housed for long periods of time in high-security detention facilities and local jails where they are denied medical care or basic needs. These asylum seekers are also not permitted to ask an immigration judge for their release. He asked Napolitano if she would improve the treatment of these people. She responded that she "hasn't spent a lot of time on the issue" as she had on the ICE detention issue, and committed to working with the Committee on this issue if her nomination was successful.
