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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 Jones called the meeting to order at 9:05 a.m. and attendance was noted by the secretary.
Members Present
Senator Alvin Melvin, CoChairman Representative Russ Jones, CoChairman
Senator Gail Griffin Representative Andrew Tobin (Steve Moortel)
Senator Steve Smith Charles Ryan
John Halikowski Major General Hugo Salazar
Gilbert Orrantia
Members Absent
Bas Aja Representative David Stevens
Robert Halliday
Presentations
CoChairman Melvin noted that Robert Halliday will not be able to make a presentation.
Luis Ramirez, President, Ramirez Advisors Inter-National, LLC, gave a slide presentation, Arizona Port of Entry Update (May 18, 2011) (Attachment 1). He stated that Vision 2015 was created through the Arizona-Mexico Commission, which is the first time a holistic approach was taken to the ports of entry (POE) with the understanding that what happens in one community can impact the other communities. He reviewed statistics provided by U.S. Customs and Border Protection (CBP) on crossings into the U.S. through the POE system in FY 2010 using various modes of transportation (trucks, privately-owned vehicles (POV), pedestrians, buses and trains), noting that 23.4 million people entered the U.S., which is doubled when taking into account the southbound traffic into Mexico. Another mode of transportation that is not currently being tracked is bicycles, the use of which has increased at every POE.
Mr. Ramirez said the unfortunate incidents of September 11, 2001 (9/11) changed the approach to the border. In the last four years, there has been a significant decrease in the number of pedestrians and the total number of people crossing in POVs and buses, due to a variety of reasons, but the trade perspective has remained constant. It is anticipated that the volume of traffic with cargo will increase this year beyond 2010 numbers, which is a positive message for the economy. Sales tax revenue in border communities is heavily dependent upon people crossing the border from Mexico to shop, so a decrease in the number of people crossing impacts those communities.
Mr. Ramirez discussed the goal of Vision 2015, traffic congestion at the San Luis POE (a common problem at all of the POEs) and improvement projects for the San Luis, Nogales (Morley Gate) and Mariposa POEs.
In response to a question, he indicated that staffing continues to be a number one priority for every POE. He has not heard a firm commitment from CBP for the Nogales POE, but he regularly asks about staffing, and he hopes there will be adequate personnel by the time it is operational.
CoChairman Jones remarked that when the San Luis POE was expanded, not a single person was added for processing. CBP has not been able to keep up with attrition so there are fewer people than before improvements were made. The port director is using the overtime budget to keep the port operational, but that money will run out in August 2011. He said he hopes the Members will be able to ask these questions of the CBP and the Department of Homeland Security in the near future. The Douglas POE is understaffed as well.
Mr. Halikowski pointed out that General Services Administration (GSA) builds facilities while staffing is the responsibility of another federal agency such as CBP, so it is difficult to answer staffing questions until those bureaucracies are pulled together.
CoChairman Melvin related that he and Senator Griffin were in Nogales where they learned that seasonal workers were used at the POEs in the past during the peak season, but that has not been done since 9/11. He noted that most cities and towns have volunteers in the police department and most counties have posses that are trained and uniformed, so there are resources available that the government can use to address problems at the border.
CoChairman Jones asked the economic impact to Arizona from the precipitous decrease in POV and pedestrian crossings into the U.S. from 2007 to 2010. Mr. Ramirez responded that a study has not been conducted, but the Arizona and Sonora border mayors are working together on an initiative to determine the impact to border communities and the state, which he is hoping will be done as soon as possible. CoChairman Jones speculated that the Arizona Chamber of Commerce may be able to quantify the impact.
CoChairman Melvin conveyed that
during the nine years he has lived in the Greater Tucson area, he has never
seen so many Sonora license plates, so he does not believe there is a drop in POVs
from Mexico in the Tucson area where the people are going to and from the
shopping centers.
Mr. Ramirez said he is glad to hear that because there is a positive impact in
terms of sales tax and the economy. Even though there has been a drop, seven
million vehicles are still crossing the border into the U.S. annually.
CoChairman Melvin added that he
hears from chambers of commerce and others that
SB 1070 - safe neighborhoods; immigration; law enforcement, has adversely
affected the state in terms of store sales to people from Mexico, but based on
the number of Sonora plates he has seen, he does not believe people are afraid
to cross the border to shop in the U.S., where they are welcome.
Senator Griffin indicated that she understands the figures for personnel throughout the country equate to one additional officer per POE. In the Nogales area, CBP officers look at perishable products, which is not as critical in other areas, as well as contraband, so without adequate personnel, those types of catches will not occur and the problem will become worse. She noted that she has a draft resolution to address the issue.
CoChairman Melvin related that if there is difficulty in the Yuma area keeping up with attrition and the CBP is hiring, the Committee should know so it can put out the word. Mr. Ryan acknowledged that the Arizona Department of Corrections (ADC) is also hiring.
CoChairman Jones pointed out that the hiring process, training and deployment of a CBP officer takes a year minimum to 18 months. Adding one additional CBP person for every POE will not have a significant impact taking into account attrition and the lengthy training process, so inadequate staffing is a major issue. He added that in San Luis, because of the long lines of traffic going southbound to Mexico in the evenings, most of the police force that is otherwise available to the community is dedicated to traffic control.
Mr. Ramirez continued with the presentation regarding improvements to the Lukeville POE and traffic delays in the downtown area of San Luis due to southbound inspections, which requires the assistance of the police department, and also occurs in Nogales, Douglas and Lukeville.
CoChairman Jones asked for an update on the CBP initiative for exit controls and southbound inspections for arms and laundered money, in collaboration with Mexico, and asked if that causes additional delays. Mr. Ramirez answered that the southbound inspections that were announced in March 2009 actually went into full effect in March 2010. Southbound inspections are random at every POE, but occur frequently. The effort has had a positive impact; the only concern is the congestion that is generated in the local communities. The most effective way to facilitate the flow of legal trade and tourism is to be more effective and efficient in inspections.
He conveyed that by the summer of 2012, 22 additional lanes will be added to the POE system, almost doubling the number of primary lanes, which represents an investment of $260 million in federal funds already spent or to be spent. He reviewed ongoing projects and issues that require continued support.
In response to questions, Mr. Ramirez provided the following information:
· Southbound traffic is not tracked as accurately as northbound traffic, but it is estimated that 23 million people cross the border southbound annually.
· From personal experience, the process of crossing a POE northbound begins with an individual applying for a passport and tourist visa. Once the individual has those documents and attempts to cross the POE, they are asked where they are coming from, where they are going and the purpose of the trip, and sometimes additional documents are requested. Every document provided is swiped and the information is pulled up on the screen for the officer to view.
CoChairman Jones conveyed that transportation plans are being made for the Members to visit the Yuma sector, and the Tucson, Nogales and Douglas areas where more in-depth briefings can be provided by CBP, Border Patrol and U.S. Immigration and Customs Enforcement (ICE). Until 9/11, there was no need for or discussion about southbound exit controls, which also involves infrastructure such as readers to pick up information on passports and record license plate numbers. The communities would have to rebuild all of the POEs and design the buildings and technology to do the same kind of reading, and that kind of investment is unlikely from the U.S. Congress at this time. He wondered if the Arizona-Mexico Commission keeps track of southbound crossings, adding that he does not know how CBP could obtain the numbers because it does not have formal readers, permanent inspections or ways to count the traffic.
Senator Smith remarked that he would like to make a formal request to CBP to secure those numbers. CoChairman Jones pointed out that Margie Emmermann and representatives from the Mexican Consulate are in the audience who may be able to assist in obtaining the numbers.
CoChairman Melvin requested an electronic copy of Mr. Ramirez’ presentation because the hard copy provided to the Members is slightly different than shown. He noted that documents presented will be placed on the Committee’s website www.azleg.gov/jbsac.
Victor Gonzalez, Douglas International Port Authority; Douglas Regional Economic Development Corporation, gave a presentation, Commerce + Infrastructure + Quality of Life, Douglas: Arizona (Attachment 2). He indicated that the maquiladora (manufacturing) industry has a significant economic impact on border communities. Economic activities taking place in Douglas include a $52.2 million investment in capital improvements to the Cochise College system, location of Advance Call Center Technologies (ACT) with creation of 350 jobs and an incentive program by the City of Douglas to attract new industries. On the Mexico side, Alstyle Apparel & Active Wear, a textile company, made a $40 million investment for a new manufacturing plant in Agua Prieta in the State of Sonora that will employ over 4,000 people.
He stated that the POE serves as an ideal mechanism for national security and economic growth. Douglas is in dire need of improvement to not only the POE, but also infrastructure. In FY 2010, there were over 25,000 truck crossings. It is projected that new industries on the Mexican side and investments the State of Sonora has been making in developing the infrastructure and corridors leading to the region will result in a three- to five-percent increase in commercial truck traffic in future years.
In response to a question, Mr. Gonzalez conveyed that Alstyle Apparel & Active Wear is a U.S. company based in Anaheim, California; it is a subsidiary of Ennis, Incorporated and one of the largest textile projects in the Western Hemisphere. The company is requiring vendors and suppliers to consider the region in order to support its operations; currently there are yarn-producing companies and cotton spinning mills.
Senator Smith commented that it is unfortunate that the facility was not located in Douglas since those jobs are needed in the U.S. Mr. Gonzalez responded that Mexico is an attractive location from a cost advantage standpoint. He added that the exact numbers are not known, but a percentage of the 4,000 employees will spend money in the U.S.
CoChairman Jones stated that the U.S.-Mexico textile industry was very robust as the result of the North American Free Trade Agreement (NAFTA). Textile mills in the U.S. were producing the raw materials and machinery, the pre-cut work was done in the U.S., pre-cut garments were sent to Mexico for assembly and returned to the U.S. for sales and distribution worldwide. When assembly operations went to China, the mills that produced the raw materials and machinery shut down. Recent studies showed that Mexico regained the number one position for outsourcing in terms of cost for U.S. manufacturing, so the labor-intensive portion is returning to Mexico instead of China. If that trend continues, hopefully, the mills and other types of operations will return.
CoChairman Melvin stated that a few years ago, he visited some maquiladora factories in Nogales that were in competition with China. Mexico is taking a lot of that business back from China partly because of oil prices and ocean transportation. He and CoChairman Jones commented on trade between the U.S. and Mexico. CoChairman Jones suggested contacting the produce association or other organizations to request a presentation about the trade dynamic.
Mr. Gonzalez noted that about 12 months ago, the City of Douglas (City), the Industrial Developmental Authority and the International Port Authority formed a partnership and created a regional economic developmental group. It is not possible for a textile company to be housed in the U.S., but the group is responsible for garnering that industry and pulling in providers, vendors, etc., which has implications to the quality of life in Douglas.
In continuing the presentation, Mr. Gonzalez apprised the Members that the Douglas POE is outdated. Commercial traffic continues to increase, so through recent dialogue with the U.S. GSA, funding may be obtained for an expansion project to be completed in 2017. Some significant investments have been made to improve the infrastructure leading to the POE, one of which is Chino Road that the Arizona Department of Transportation is currently working on, for which the Coordinated Border Infrastructure Program provided $3.5 million. He addressed additional deficiencies at the Douglas POE.
In response to a query, Mr. Gonzalez agreed that the queue from Mexico to the U.S. is shared by commercial vehicles and POVs; additionally, someone crossing into the U.S. must navigate three or four lanes of vehicle traffic. He discussed the Douglas POE expansion project and infrastructure. In response to questions, he stated that people at the local level will be advocating for adequate staffing at the POE, and that the new technologies that CBP is implementing are included in the expansion project.
CoChairman Jones stated that the Douglas POE does not have Secure Electronic Network for Travelers Rapid Inspection (SENTRI) lanes, but it has fast lanes on the commercial side for trusted travelers and trade partners that go through a thorough vetting. The Douglas POE does not have the space to do that, and as the numbers increase, technology is still being used from a decade ago, which adds to the congestion. Nogales and San Luis have those upgrades, which has significantly improved the problem of congestion.
CoChairman Melvin stated that he and Director Ryan visited Douglas where there is a very robust fence that was built about 15 years ago with inmate labor. He is looking forward to the visits being set up so the Members can look at the fence as an available option. He noted that ADC inmates cleaned up trash from illegal aliens on the outskirts of Douglas for 50 cents per hour, which saved money, and an abandoned building was totally refurbished for ACT, which cut unemployment in half.
Curtis Shook, City Manager, City of Douglas, related that Douglas POE deficiencies cause a blockage because commercial traffic is mixed with POV and pedestrian traffic, all within two-tenths of a mile, which affects border security and pushes CBP officers to the limit. The Douglas POE does not have SENTRI lanes or an adequate number of lanes. He made the following points:
· Bus traffic going to and from Mexico has decreased because there are no shade facilities at the bus stops, so many tour lines go through Nogales or Lukeville, which has affected the City’s economy.
· The Douglas POE is a federal port on a state road that becomes backed up and citizens are locally taxed to provide services. Northbound wait time is typically 60 to 90 minutes; southbound wait time can be anywhere from 30 to 90 minutes, depending on the day and time. People will not leave lines to shop, so there has been a significant decline in sales tax revenue. The long wait times have decreased the movement of legal traffic, such as visits to family members on either side of the border and from Agua Prieta to downtown businesses.
· With wait times and traffic congestion, the police department is taxed to the limit.
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It is important to be able to handle the traffic capacity, so
local roads must be built and maintained. To service the new POE, the City has
to pay for a share of the Third Street extension, which reroutes commercial
traffic from the POE commercial checkpoint area to U.S. Route 191, and build a
new section of road about three- to five-tenths of a mile to connect with Chino
Road, which is a state road. The state border initiative funded
Chino Road, but the City also must pay a local share. Both of those are planned,
but they are in jeopardy, just like maintenance of other local roads, because
of Highway User Revenue Fund (HURF) sweeps by the state over the last several
years.
· The City’s reputation suffers from stories in the media. Many people from Arizona and other states call the visitor’s center and other offices to see if it is safe to travel to Douglas, although crime has been reduced in the last two years; however, CBP is taxed with a 15-mile area in which drug and human trafficking occurs. With the current real estate situation, there are many unoccupied homes in which illegal aliens are discovered.
In response to a question, Mr. Shook advised that the 15-mile stretch is to the east and west of Douglas, approximately seven miles on either side. There is fencing on both sides.
· The City enjoys a good relationship with the ADC, and without the inmate labor program, he does not know if the City would be surviving.
CoChairman Melvin noted that an old train station was turned into a police department and an old building was turned into a city library with the use of inmate labor. He also heard that a historic theater is being refurbished. Mr. Shook answered that refurbishing of the theater is still underway. It is being funded through a private foundation, but it is a public building, and ADC labor is being used. The inmate labor program has been incredible for the City; in fact, he did a promotion for ADC and has received calls from other cities about using inmate labor.
CoChairman Melvin asked if the land beyond the existing fence seven miles to the east and to the west is private, state or federal land. Mr. Shook answered that it is probably privately-owned land.
CoChairman Melvin stated that since inmate labor was used to build the existing 12 miles of fencing, perhaps it could also be used to continue building the physical fence. He indicated that he is glad to hear that mayors and city managers from other towns and cities are interested in using inmate labor. In Nogales, there are three or four pedestrian crossings over the railway, but only one or two on the American side, so perhaps inmate labor can be used to build additional pedestrian crossings.
Senator Griffin pointed out that Yuma has the highest unemployment rate in the state, Nogales is second and Douglas is third, so she would like to see some of these industries located on the American side of the border. Mr. Shook agreed, but indicated that there are barriers such as restrictions in the U.S. and the ability to provide incentives at state and local government levels. Senator Griffin indicated that she would like to meet and work on providing a level playing field on both sides of the border.
Representative Lynn Pancrazi,
attending as a guest, asked how the renovations were funded.
Mr. Shook replied that the City received a grant for the train station and used
inmate labor. ADC inmates demolished the interior of a vacant A.J. Bayless building
for the ACT, so that when the project was bid, which the City bonded, the bids
were very good because the contractors had a stripped building to work with, saving
about $600,000 in construction costs.
Mr. Ryan advised that the cost for ADC to provide inmate labor is done through an intergovernmental agreement with cities, counties or state agencies. Arrangements can include fuel costs to transport the inmates in ADC vehicles or ADC can absorb the cost. Cities usually pay inmates 50 cents per hour. Supervision is conducted by a corrections officer, or city or county employees who are trained to provide direct supervision while an ADC checker monitors the inmates by moving from crew to crew. It is a win-win situation since there is not enough work at the institutions to keep the inmates occupied, and inmates would rather work off-site than sit in their cells.
CoChairman Jones submitted that the border communities are just as much a part of Arizona as Phoenix and Tucson and they are experiencing a high rate of unemployment. Things are being done at the Legislature, but perhaps someone from the Arizona Commerce Authority could address the Committee about what is being done in border communities to attract industries.
Zack Taylor, National Association of Former Border Patrol Officers, provided written testimony that he gave to the U.S. House of Representatives Committee on Oversight of the Department of Homeland Security on April 15, 2011 (Attachment 3). He indicated that he will be addressing border security in Casa Grande, Tucson, Nogales, Sonoita, Naco and Douglas (Attachment 4). He said there are two facets to border security that are interchangeable: national security and public safety. He discussed the fact that criminals have more access to federal public lands than law enforcement officers do, which conflicts with the idea of national security and public safety.
When asked about the Tohono O’odham Nation (Tribe), Mr. Taylor stated that he was in a Congressional hearing where the Chief of the Tribe testified that if the border fence reached either side of the reservation, the Tribe would not allow a fence to be built there because it is more important to be able to go back and forth to Mexico unfettered than to secure that part of the U.S. CoChairman Melvin stated that electronics and other means can be used.
Mr. Taylor stated that the biggest problem is on the border from the Organ Pipe National Monument to Buenos Aires National Wildlife Refuge because of the volume of traffic and how violent criminals are in the area. Of the 18 forest fires started on the border area in Arizona from February 14 to June 19, 2011, it is believed that 13 (72 percent) were started by illegal aliens; however, that is not being reported. He explained the process:
· An investigator at the fire sees tracks from Mexico to where the fire is started, a container used to start the fire, and tracks returning to Mexico.
· The investigator writes a report that is sent to Forest Service headquarters in Tucson and the Department of State is called.
· The Department of State relays what can be announced about the fire, which is that it was human-caused.
In response to questions about the Monument Fire, he stated that it was ruled as arson. Other than the intent to cause physical damage to the U.S., he cannot think of any reason the fire was set, except possibly as a diversion, because Ft. Huachuca is in close proximity and it is one of the major drug and alien smuggling corridors in that part of the U.S.
Senator Griffin indicated that she had to evacuate her home because of the Monument Fire, but fortunately, she lives in Ramsey Canyon where protecting the nature conservancy property was a top priority of the Forest Service, so her home was okay. She said 57 homes and 20 structures were burned down and the fire destroyed over 30,000 acres; it cost over $13 million to fight the fire.
CoChairman Melvin suggested sharing copies of Mr. Taylor’s presentation with Senator Allen’s Ad Hoc Task Force on Forest Management. Senator Griffin indicated that she plans to request a southern Arizona hearing and a Congressional hearing in Phoenix on forest health. The Horseshoe 2 Fire in the Chiricahua Mountains was started in the same place as last year’s fire along known drug corridors. Phones do not work well in those areas so people use radios, and conversations were overheard saying fires can be started there. Many people are afraid to come forward because they are threatened, so it is a serious problem.
CoChairman Melvin remarked that many people probably do not realize that only 13 percent of the land in Arizona is privately owned compared to 98 percent in Texas and most eastern states. Additionally, 42 percent of land in Arizona is tribal land. Many in the Legislature believe the Forest Service and the Bureau of Land Management do not know how to properly manage that land, so the provisions of a bill signed by the Governor about eminent domain on federal land, which is patterned after the State of Utah, may have to be used to correct some of these problems.
Mr. Taylor further discussed the
intensity of the Monument Fire. He stated that cameras in the area caught
three aliens starting the Murphy Complex Fire in Santa Cruz County on
May 30, 2011, which burned 68,000 acres. CBP detained the three illegal aliens,
but they were not prosecuted and were voluntarily returned to Mexico.
CoChairman Jones commented that a prior presentation by people from the Yuma sector alluded to the success of Operation Streamline in which every person apprehended is prosecuted in federal court in Yuma, which is a huge deterrent to illegals using that corridor because they will be formally deported. The first apprehension is equivalent to a federal misdemeanor; the second is a felony with prescribed punishments and time frames for incarceration; however, U.S. Secretary of Homeland Security Janet Napolitano and others are concerned about overcrowding federal prisons.
Mr. Taylor advised that the U.S. Attorney for the Southern District of Arizona made the decision to voluntarily return the three illegal aliens to Mexico. He continued with the presentation on the following:
· wildfires along the border
· major felonies in the most dangerous smuggling corridor on the United States-Mexico border last year through November 5, 2010
· closure of Organ Pipe Cactus National Monument
· Department of Game and Fish website warnings about hunting along the border and drug smugglers
· robberies and criminal violence along the border
· drug smuggling by truck
· rivalry between drug cartels
Mr. Taylor stated that as long as federally-protected land is closed to Border Patrol agents, these criminals will be present in force. When Senator Griffin asked how the borders can be secured, he responded that any situation that compromises national security or public safety is not a good solution.
CoChairman Melvin stated that the bill creating the Committee was signed into law by the Governor and meetings will continue until further notice; in fact, he believes the Committee’s status was changed from temporary to permanent. He asked for ideas for agenda items for future meetings. He said the Committee’s website is intended to be as user friendly and informative as possible. The charge of the Committee is to report to the people of Arizona on the current status of border security between Arizona and Mexico.
CoChairman Jones remarked that three items will be tabled until the July 2011 meeting:
· Presentation by Robert Halliday
· Presentation by Representative Stevens on the website, www.azleg.gov/jbsac
· Presentations from staff on related legislation
He indicated that the Members will be provided with a list Senator Griffin has relating to Arizona fires.
Senator Smith announced that July 20, 2011 is the official launch date of SB1406 - interstate compact; border fence, in Casa Grande. Details can be obtained by calling his office. CoChairman Melvin clarified that is the launch of the website to solicit private donations to build the fence with inmate labor at 50 cents per hour.
Senator Griffin stated that much of the information provided is helpful, but she hopes the Committee does not get into comprehensive immigration policy; it is intended to address border security. She added that she would like to hear from Sheriff Larry Dever in Cochise County, Sheriff Paul Babeu, and ranchers and property owners who live with this on a day-to-day basis.
CoChairman Melvin stated that because of the legislation that created the website for solicitation of private funds, four sheriffs are being added to the Committee: Sheriff Joe Arapaio, Sheriff Paul Babeu, Sheriff Larry Dever and Sheriff Ralph Ogden.
Without objection, the meeting adjourned at 11:57 a.m.
_______________________________
Linda Taylor, Committee Secretary
July 8, 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
June 29, 2011
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