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ARIZONA STATE LEGISLATURE
Fiftieth Legislature – First Regular Session
JOINT BORDER SECURITY ADVISORY COMMITTEE
Minutes of Interim Meeting
House Hearing Room 1 -- 9:00 a.m.
CoChairman Melvin called the meeting to order at 9:07 a.m. and attendance was noted by the secretary.
Senator Al Melvin, CoChairman Representative Russ Jones, CoChairman
Senator Gail Griffin Representative David Stevens
Senator Steve Smith Representative Andrew Tobin (Steve Moortel)
Bas Aja Gilbert Orrantia
John Halikowski (Kevin Biesty) Major General Hugo Salazar
Robert Halliday
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Members Absent
Charles Ryan
Call to Order - Opening Remarks
CoChairman Melvin stated that the
Committee will continue to meet the last Wednesday of every month at 9:00 a.m.,
until further notice, in House Hearing Room 1 with him and
CoChairman Jones alternating as Chairman. He welcomed ideas from the Members
and others about the agenda and presentations.
He noted that he toured the border area on Saturday, May 21, 2011, which was arranged by the Arizona 2012 Project. The tour was very enlightening. He saw a robust border fence extending about five miles that was constructed in the latter part of President George W. Bush’s second term and cost $5 million to $6 million per mile that even a tank would have a difficult time getting through. He was also shown some cost-effective motion sensor alternatives that would cost a fraction of the cost of a fence, in which a sensor is buried in the ground that detects any kind of motion and distinguishes between a deer, a human or cattle. There is the possibility of a high-low mix; the high of a very expensive permanent fence and the low of the buried sensor.
CoChairman Melvin stated that he hopes the Committee will be able to obtain accurate statistics on the number of illegal individuals entering Arizona daily because every day that goes by means more drugs, more crime, more violence, and potentially more people fraudulently getting on Arizona Health Care Cost Containment System (AHCCCS) rolls, food stamps and welfare.
CoChairman Melvin said he hopes the tour he took will be available to the public and that information on the tour can be made available on a website. The Arizona Daily Star contained an article stating that Gray Line Tours will begin conducting bus tours on the border. He urged anyone interested in taking a tour to do so and noted that Senator Smith had an opportunity to fly along the border.
Senator Smith stated that the Arizona 2012 Project conducts bus tours and encouraged anyone curious about this issue to take a tour. He agreed that there are five to seven miles of good fencing; however, it stops at the mountains, so people can walk around the fence. The same thing is true along the New Mexico border where there is a light vehicle barrier fence that anyone can walk over, which stops within about seven miles of the border. In fact, from the air it is possible to see a road from Mexico that goes over the border into Arizona, so the border is tremendously porous. The border is about 2,000 miles long, but there is less than 700 miles of “fencing.” He said statements by the United States Department of Homeland Security (US DHS) Secretary Janet Napolitano and President Obama that “the border is as secure as it has ever been” are not true because former President Dwight D. Eisenhower really secured the border in the 1950s.
Senator Smith added that the tour was eye-opening. He encouraged everyone to go to www.americanborderpatrol.com and watch the video of people climbing over the fence. He asked, if the border is as secure as it has ever been, how 12 million to 20 million illegal aliens entered the U.S. He said that great technology is being implemented, and he would like to see the Committee use some of the funds raised from the adoption of SB1406 for the much more inexpensive technology that will greatly assist Border Patrol (BP).
CoChairman Jones remarked that federal
agencies were invited to present information to the Committee. The agencies
declined, but are amenable to making presentations at the
Yuma Sector, so transportation plans are being made. In addition, the Marine
Corps at the
Barry M. Goldwater West Range, which is responsible for a significant portion
of the border and has done an admirable job using technology similar to what
Israelis use along the Gaza Strip, would like to demonstrate that technology to
the Members.
Senator Griffin commented that she and Representative Stevens went to see the fire at the Chiricahua Mountains, which is now estimated to have damaged 44,000 acres. When she went home on Friday, May 20, 2011, there was a brown cloud over Cochise County. Over the weekend, Santa Cruz County had a fire in the Parker-Canyon Lake area affecting 10,000 acres. Prime drug cartel corridors run through some of that area. These human-caused fires are burning up the forests, which affects forage, wildlife and livestock. The Forest Service does not expect the forest fires to be under control until the rainy season. The fire in the Chiricahua Mountains is currently only 35 percent contained, so this is a serious problem that affects everyone. The air in the canyons poses a health hazard for people on oxygen.
CoChairman Melvin asked if the authorities believe the fires are caused by illegal individuals. Senator Griffin answered that both of the fires were identified as human-caused and are under investigation. Conversations have been overheard on radios telling drug cartels to take their product on different routes. She heard that the fires clear a better path for drug cartels to bring in their product.
CoChairman Jones stated that on Friday, May 20, 2011, he and Senator Don Shooter, on behalf of the Governor and the Legislature, presented two flags and a proclamation to the widows of two BP agents during the funeral service for the agents.
Presentations
Gilbert Orrantia, Director, Arizona Department of Homeland Security (AZDOHS), related his background experience. He said following the events of September 11, 2001 (9/11), many changes occurred in the security world and the law enforcement world resulting in a spirit of collaboration that did not previously exist. There is now the ability to connect to other parts of the world instantly, which is very powerful. The US DHS in Washington, D.C. was formed, and as a result, the AZDOHS was established; each state was given the opportunity to receive federal funds.
He proceeded to review a handout regarding the AZDOHS (Attachment 1), which was created in September 21, 2006 (although the Office was actually established prior to that following 9/11) and governed by A.R.S. Title 41, Chapter 41, to manage federal homeland security grants, develop a state homeland security strategy and collaborate on border security. He noted that awarding of federal funds for the State Homeland Security Grant Program (SHSGP) is coordinated with Regional Advisory Councils (RAC) and the Senior Advisory Committee (SAC) assists with oversight of the grant process.
Mr. Orrantia indicated that the AZDOHS attempts to determine the best use of the grant funds through the committee processes and discussions, with terrorism prevention as the priority, as well as any other threats to the state, which includes border security issues. The grant funds are awarded to state, local and tribal organizations. He noted that in FY 2008, AZDOHS received $13.4 million for the SHSGP; $13 million in FY 2009 and $13.2 million in FY 2010; unfortunately, the funds were cut this year, so the amount will be about 50 percent lower.
He noted that the grants are used for projects such as placing bollards in front of buildings, surveillance systems, SWAT equipment, communications, personal protection equipment, antidotes, special operations and vehicles. He addressed the importance of securing the border and reviewed tactics used by drug cartels, such as ramps to go over the fence, ultralight aircraft and tunnels.
Mr. Orrantia explained that AZDOHS also administers grant funds for Operation Stonegarden (OPSG) through a Staff Working Group and the Stonegarden Oversight Committee. OPSG is a federal grant program that allows for overtime, expense money and equipment for state, local and tribal police agencies to augment the BP. The funds are distributed to county sheriffs on the border, and in conjunction with the BP, law enforcement in those areas write operation orders so everyone is coordinated. Arizona received $13.8 million in FY 2010 for OPSG, but he is not sure what amount will be received this year.
Mr. Orrantia discussed the Alliance to Combat Transnational Threats (ACTT), which is a large task force consisting of 60 state, federal, local and tribal agencies, one of which is the Department of Public Safety (DPS). ACTT plans where to utilize resources concerning border security. He expressed admiration for everyone who works diligently to protect the state, noting that people are dying for this cause. He added that Arizona’s network must be stronger than that of the drug cartels.
CoChairman Melvin thanked Governor Brewer for the appointments made to the Committee.
Mr. Orrantia responded to questions concerning:
· Tribal agencies.
· Reduction in funds for the SHSGP.
· Border crossings by potential terrorists.
In response to a question about proactive efforts, Mr. Orrantia discussed the Arizona Counter Terrorism Information Center (ACTIC), which is housed in North Phoenix and was set up following 9/11. He indicated that it is a joint center involving many different agencies, including the Federal Bureau of Investigation (FBI) Joint Terrorism Task Force. An unprecedented enhancement of intelligence sharing is going on now between the Center and southern Arizona, much of which has to do with vetting of information and investigation of threats.
CoChairman Melvin said he understands there are other command centers in the state such as the Anti-Drug Command Center, the Border Patrol Command Center, and the National Guard Command Center. He asked Mr. Orrantia, Mr. Halliday and Major General Salazar to talk with him and CoChairman Jones later about which command center would be appropriate for the Committee to use to report back to the people, which is one of the duties of the Committee.
Mr. Halliday stated that intelligence sharing has not always been a smooth process, but it is improving. He opined that a briefing would be beneficial to the Committee, which he can arrange.
CoChairman Melvin commented that there will probably be times when the Committee will need to meet in Executive Session regarding sensitive subjects.
Mr. Aja agreed with Mr. Orrantia’s statement that Arizona’s network must be stronger than that of the drug cartels because the desire and economic motivation of the cartels will not go away. Arizona’s network includes personnel, infrastructure, resources, intelligence and law enforcement. Recently, three infiltrators were found within the Maricopa County Sheriff’s Office who were supplying information to a drug cartel, but Arizona’s network was stronger and found them out.
Jaime Chamberlain, Chairman, Fresh Produce Association of the Americas (FPAA), addressed the Committee (Attachment 2). He stated that the FPAA is a non-profit trade association headquartered in Nogales, Arizona that represents U.S. importers of Mexican produce. Nogales is one of the largest ports of entry for fresh produce from Mexico. The fresh produce industry is the largest private employer in southern Arizona and a significant contributor to the state’s income, in addition to legitimate travelers from Mexico who enter Arizona to shop and conduct business. The FPAA could not exist without secure, efficient operations at the port of entry, and the livelihood of employees and customers is tied to cross-border trade. The ports are also the front line in securing the shared border with Mexico, which is crucial in keeping communities safe.
Mr. Chamberlain noted that, unfortunately, there has been a drastic imbalance in federal efforts at the border. The ports are alarmingly understaffed. The Nogales Port of Entry needs approximately 200 additional full-time officers for commercial and non-commercial operations; however, the proposed FY 2012 federal budget only requests funding for 300 officers nationwide, which means less than one new officer for each port of entry. During the last few months, lines for trucks in Nogales have commonly been over five hours long because there are not enough Customs and Border Protection (CBP) officers to open all commercial lanes at the Mariposa Port, which affects not only the produce industry, but also the $18 billion manufacturing (maquiladora) industry that crosses through Nogales.
He said the new Nogales Mariposa
Port of Entry is poised to be the flagship port for the U.S. Trade, and travel is such a vital part of this community that CBP worked with the
General Services Administration to increase the Port’s capacity during the
reconfiguration process, meaning there will be eight commercial lanes (up from
four) and six passenger lanes (up from four) during construction, which will be
ready on October 1, 2011. In 2014, the Port will have twelve passenger lanes,
eight commercial lanes, dedicated bus lanes, pedestrian lanes and more. It
takes over a year to hire and fully train CBP officers, and during that time, officers
will be lost to attrition. There are not enough officers to fully staff the Mariposa Port today, there will not be enough staff to operate the Port during the interim
expansion in October 2011, and unless something is done, there will not be
enough staff to operate the Port when it is completed in 2014.
Supporting information was provided from Les Harris, President, Maquiladora Association of the State of Sonora (Attachment 3).
Bruce Bracker, Owner, Bracker’s Department Store; President, Nogales Community Development; Downtown Merchants Association, addressed the Committee (Attachment 4). He related that 80 to 90 percent of store sales in Nogales are to Mexican Nationals who wait in lines to cross through the ports of entry legally in order to spend money in Arizona. Recently, due to lack of manpower, there have been only two inspection stations at the Morley Avenue Pedestrian Port of Entry so it is not uncommon for a pedestrian crossing to take 45 to 90 minutes. This is having an adverse impact on all Arizona businesses as more and more Mexican Nationals are making fewer trips to Arizona to shop.
He indicated that a state effort to implement an enhanced driver’s license could be a low-cost program to improve the economy and security on the border. Currently, only one in five Arizona residents has the proper documents to cross the border and return to the United States. Tourism and all related industries have suffered since implementation of the Western Hemisphere Travel Initiative (WHTI); an enhanced driver’s license would improve the situation.
Mr. Bracker added that a comprehensive approach to the borders must include staffing for CBP officers, as well as BP. It is necessary to continue to address the security situation in the communities in the areas between the ports of entry while simultaneously addressing the security and flow of legitimate goods and people through the ports of entry. He invited the Members to visit Santa Cruz County to see firsthand the challenges and opportunities to make positive strides in enhancing the security of the community while continuing to strengthen the economy of Arizona.
James B. Manson, President, Pacific Brokerage Co., Inc.; Chairman, Greater Nogales Santa Cruz County Port Authority, addressed the Committee (Attachment 5). He conveyed that in addition to fresh produce, the Nogales Ports of Entry facilitate major flows of manufactured products, with about $18 billion in goods flowing through the community in two-way trade. Nogales is also Arizona’s only gateway for international rail traffic and Arizona’s principal gateway for tourism with about 3.9 million people crossing through the ports of entry on foot and approximately 7 million people crossing by car. Although the volume of people crossing the ports of entry has been decreasing for the past several years, the wait times to cross the border have continued to increase. It is not uncommon to wait more than two hours to cross the border from Mexico to the U.S. or to wait as long as 45 minutes to an hour to return to Mexico. New inspection procedures, outdated infrastructure, enhanced document requirements and lack of sufficient staffing all contribute to greater congestion at the border.
He stated that without the commitment by CBP and the Obama Administration for the necessary resources to increase CBP staffing at the same time that BP ranks are being expanded, efforts to expand the ports of entry will be for naught as the lanes will remain closed. He asked the Committee to join in the dialogue with Washington, D.C. to obtain the staffing and necessary resources to address the congestion, trade and security issues at the ports of entry.
Mr. Chamberlain reiterated the request for the Committee’s advocacy to obtain proper staffing from Washington, D.C.
CoChairman Melvin stated that he
heard the Border Patrol in Nogales gives a presentation to the public on the
second Tuesday of the month, and he plans to attend on June 14, 2011. He and CoChairman
Jones represent Arizona on the Border Legislative Conference that meets a few
times per year. At the last meeting in Las Cruces, New Mexico, the Sonoran
government delegates mentioned that when illegals caught in the U.S. are deported, they are taken to the Nogales-Mexico side and released. This causes
chaos and allows the illegals to return to the U.S. After a brief discussion
with Mr. Chamberlain, Mr. Manson and Mr. Bracker,
CoChairman Melvin said the deportation process needs to be worked on because it
is a “recipe for disaster” to merely release illegals south of the border
instead of in their home countries.
Discussion followed between the Members and presenters about the following issues:
· Whether the railroad that travels down Main Street in Nogales can be diverted around the Town.
· The potential to address border congestion with Mexico by moving 18-wheeler traffic to double-stack trains.
· The decrease in legitimate traffic and trade between Arizona and Mexico.
· Enhanced border security.
· Wait times at ports of entry due to inadequate staffing.
· Safety of border communities.
· Truck inspections.
· Pedestrian traffic to Arizona.
Overview of Bills Passed in the Fiftieth Legislature - First Regular Session
Joe DeMenna, House Assistant Research Analyst, gave an overview of SB1406, interstate compact; border fence, Chapter 309, which contains the following provisions (Attachment 6):
· Allows the Governor to enter into an interstate compact to create a border fence along the Arizona-Mexico border located on private, state or federal property, if permitted.
· Permits the state to construct the border fence if the Governor does not enter into an interstate compact.
· Establishes the Joint Border Security Advisory Committee in permanent law, designates the Members and outlines restrictions, requirements and permitted activities for the Committee.
· Establishes the Border Security Trust Fund consisting of monies collected pursuant to this Act to construct and maintain a secure fence along the Arizona-Mexico border.
Senator Smith remarked that he expects the website to be used to collect funds to be launched by July 20, 2011, and the Committee will decide how to disperse the funds.
CoChairman Melvin remarked that people he has talked to are very willing to make donations to construct the fence and noted that the Committee’s website will allow for solicitation of funds. He asked for ideas for the website, which Representative Stevens is working on; it will contain the makeup of the Committee, pictures, bios and fact sheets on related bills.
CoChairman Melvin indicated that he will adjourn the meeting in order to utilize the cameras for the swearing-in of a new House Member. Monthly meetings will continue to be held because the border problem does not take a break in the summer. He asked any Member who cannot attend the meetings to send someone in their place.
Without objection, the meeting adjourned at 11:09 a.m.
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Linda Taylor, Committee Secretary
May 27, 2011
(Original minutes, attachments and audio on file in the Chief Clerk’s Office; video archives available at http://www.azleg.gov)
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JOINT BORDER SECURITY
ADVISORY COMMITTEE
May 25, 2011
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