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July 19, 2022

The Honorable Alejandro Mayorkas


Secretary
U.S. Department of Homeland Security
Washington, D.C. 20528

Dear Secretary Mayorkas:

We write to conduct oversight over the Department of Homeland Security’s (DHS) use of
non-governmental organizations to facilitate the release and onward travel of thousands of illegal
border crossers into the United States. The Biden Administration’s plan for dealing with historic
levels of illegal border crossings amounts to a directive to components to simply release—with
little to no consequence—more aliens, more quickly into the United States.1 To carry out this
task, the Biden Administration increasingly relies on non-governmental organizations including
those who may be receiving taxpayer funding from various federal or state sources. We write to
conduct oversight into the relationship between DHS and non-governmental organizations
(NGOs) who are facilitating those releases, as well as the use of taxpayer money to subsidize
these activities. American taxpayers deserve to know where their money is going and how it is
being used.

In response to the Biden Administration’s numerous policies dismantling our lawful


immigration system and fueling illegal immigration into the United States, we are witnessing a
historic border crisis. NGOs have historically partnered with the DHS to provide temporary
shelter and other humanitarian relief for migrants. Yet under the Biden Administration, NGOs
have been used as a tool to enable the mass-release of hundreds of thousands of illegal border
crossers into the United States. More than 400,000 illegal border crossers were released into the
U.S. during President Biden’s first year in office,2 and tens of thousands more are released every
month.

In response to prior Committee inquiries, DHS has denied directly providing airline
tickets for illegal border crossers released from DHS custody, but notes that for aliens not self-
funding their own travel, “[s]tandard procedures are for sponsors in the United States to provide
transportation or for a non-governmental organization to provide assistance upon referral or

1
See Memorandum for Interested Parties from Alejandro Mayorkas, Secretary, DEP’T. OF HOMELAND SECURITY
(Apr. 26, 2022), available at https://www.dhs.gov/sites/default/files/2022-04/22_0426_dhs-plan-southwest-border-
security-preparedness.pdf.
2
Sullivan, Eileen, Migrants Left in Limbo After Policy Change to Help Busy Border Officials, N.Y. TIMES (Feb. 14,
2022).
Secretary Mayorkas
July 19, 2022
Page 2 of 3

transfer.”3 The role of non-governmental organizations has only increased since that time.
Recently, you announced that the DHS would be “increasing CBP processing efficiency” to
“mitigate potential overcrowding at Border Patrol stations” which translates into faster releases
for illegal border crossers.4 In order to complete these releases, you announced that “[w]e are
bolstering the capacity of NGOs to receive noncitizens after they have been processed by CBP
and are awaiting the results of their immigration removal proceedings.”5 Specifically, you noted
that:

“Our goal is to help communities alleviate the pressures they experience by


expanding NGO capacity, through communication and coordination with
all relevant partners, and other assistance such as the Emergency Food and
Shelter Program (EFSP), a Federal Emergency Management Agency
(FEMA) grant program that supplements and expands ongoing work of
local NGOs to meet the needs of local agencies.”

It is clear that the Biden Administration relies heavily on NGOs to facilitate releases of
illegal border crossers from DHS custody. Moreover, based on your statements, it appears that
these NGOs are receiving taxpayer money, at the very least in the form of grants from DHS
agencies, and perhaps from other departments or agencies throughout the federal government
enterprise.

To assist Republicans on the Committee on Oversight and Reform in conducting


oversight of DHS’ funding mechanisms for NGOs that facilitate onward travel of illegal border
crossers, please provide the following documents and information, no later than August 2, 2022:

1. All documents and communications regarding the use of non-governmental organizations


in facilitating releases of recent illegal border crossers from DHS custody;

2. A complete list of all non-governmental organizations relied on by the DHS to facilitate


releases of recent illegal border crossers from DHS custody;

3. All assessments and information created by or maintained by the Southwest Border


Coordination Center or any other DHS component agency relating to capacity of non-
governmental organizations to receive recent illegal border crossers;

4. All documents and communications relating to the use of federal taxpayer funds, whether
administered by DHS agencies or by other federal agencies, provided to non-
governmental organizations which facilitate releases of recent illegal border crossers
from DHS custody;

3
DHS Response to July 20, 2021 letter from Michael Cloud, Ranking Member, Subcommittee on Economic and
Consumer Policy (Oct. 13, 2021), on file with committee staff.
4
See supra, n.1.
5
Id.
Secretary Mayorkas
July 19, 2022
Page 3 of 3

5. A numerical accounting of all illegal border crossers released from DHS custody on or
after January 20, 2021 into the interior of the United States, disaggregated by State of
their reported destination.

Thank you for your consideration of this important issue. To make arrangements to
deliver documents or ask any related follow-up questions, please contact Committee on
Oversight and Reform Republican Staff at (202) 225-5074. The Committee on Oversight and
Reform is the principal oversight committee of the U.S. House of Representatives and has broad
authority to investigate “any matter” at “any time” under House Rule X. Thank you in advance
for your cooperation with this inquiry.

Sincerely,

__________________________ __________________________
James Comer Elise Stefanik
Ranking Member Chairwoman
Committee on Oversight & Reform House Republican Conference

cc: The Honorable Carolyn B. Maloney, Chairwoman


Committee on Oversight & Reform

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