00:01Chairman Yeltsin, I now recognize Mr. Magaziner for five minutes.
00:04Madam Secretary, on April 24th, a woman in Louisiana was deported along with her seven-year-old daughter and four-year-old son,
00:11both of whom were U.S. citizens.
00:13The four-year-old son had stage four cancer.
00:16Now, you just stated under oath that the mother consented to having her U.S. citizen children removed.
00:22But I have spoken with the attorney for that U.S. citizen child with stage four cancer.
00:28She has also made numerous statements to the press in which she stated unequivocally that at no time did the mother consent to her U.S. citizen children being removed.
00:39What evidence do you have to support your claim that she did consent?
00:43Congressman, we followed the same policies and procedures for every individual, and we have documentation that that mother consented.
00:53We will get that to you, sir. I don't have it with me.
00:55Please do.
00:56I understand it's hard to keep them all straight because you've deported multiple U.S. citizen children,
01:00but I'm asking specifically about the four-year-old with cancer who was deported on April 25th.
01:06For the record, that family was also not given access to legal counsel before they were deported,
01:11even though their lawyer was in the same building at the time.
01:15I'm holding in my hands here a document called ICE Directive 11064, Interests of Non-Citizen Parents and Legal Guardians of Minor Children.
01:24This is the policy for how ICE agents should handle situations like this.
01:29It states unequivocally that parents and legal guardians should have the ability to make alternative care arrangements for minor children prior to their arrest or detention,
01:37and that ICE must afford parents the opportunity to consult with legal counsel.
01:42So, did the ICE agents working on this case who deported this four-year-old with cancer, of their own volition, fail to follow ICE policies,
01:52or were they directed to by your office or anyone else in DHS leadership?
01:57Sir, this mother chose to keep her child with her.
02:00You have not produced any evidence to say so.
02:01But I'm asking again, have you directed DHS officers to ignore this policy?
02:08It's very different than the previous administration.
02:10The previous administration separated families over and over and over again.
02:15On March 15th, your department sent three airplanes to El Salvador.
02:18Those planes carried approximately 261 individuals who were imprisoned upon arrival.
02:24Did you personally review and approve the names of those 261 individuals before they were sent?
02:30Sir, we have deported and sent home thousands and thousands of individuals.
02:34Did you review the names of those individuals?
02:36And we have individuals that have the responsibility within the Department of Homeland Security.
02:40Are you aware of whether those 261 individuals were given the opportunity to speak with a lawyer or appear before a judge before they were put on those planes?
02:48Yes or no?
02:48Sir, every single individual followed the exact same process.
02:52They were not all given the opportunity to appear before a judge or speak with a lawyer.
02:57On April 7th, the Supreme Court ruled that detainees must have an opportunity to have a hearing before they are deported.
03:04Are you familiar with the April 7th Supreme Court ruling?
03:06I am.
03:07Can you assure us that in the future you will abide by that Supreme Court ruling to provide detainees with a hearing before they are deported?
03:14You're following all judges' orders.
03:16Yes, sir.
03:17I have a photograph here of Andriy Hernandez Romero, a gay makeup artist from Venezuela.
03:23He fled Venezuela fearing gang violence because of his opposition to the Maduro dictatorship and his sexual orientation.
03:29He presented himself at a port of entry and requested asylum.
03:33His claim was found to be credible and he was placed in detention to await a full hearing.
03:38But he never received a full hearing because you put him on one of those planes to El Salvador where he still is today.
03:44Listen to me.
03:45He had no criminal record in the United States or in any other country.
03:49He did not even enter the country illegally.
03:51He presented at a port of entry.
03:53He tried to do it the legal way.
03:55And to this date, the only evidence your department has presented to justify his imprisonment is that he had two tattoos, one that said mom and one that said dad.
04:05Do you have any other evidence to present for why this individual should be locked up in El Salvador?
04:11Sir, every case is used on the same protocols and the same processes and inputs.
04:17Do you have any evidence other than the tattoos that say mom or dad for why this individual should be locked up?
04:23It's who they're affiliated with, their communication.
04:26You have not presented any other evidence nor has your department.
04:29Reclaiming my time.
04:30During your confirmation hearing, you said your focus would be on deporting immigrants who have been convicted of crimes and those who have received removal orders.
04:38But that is not what you have been doing.
04:40Instead, you have been deporting children with cancer, children who are U.S. citizens,
04:44a gay makeup artist who committed no crime and didn't even enter the country illegally.
04:49You have been sloppy.
04:50Your department has been sloppy.
04:52And instead of focusing on real criminals, you have allowed innocent children to be deported while you fly around the country playing dress up for the cameras.
04:59Instead of enforcing the laws, you have repeatedly broken them.
05:03You need to change course immediately before more innocent people are hurt on your watch.
