1linitrd 5tatrs ,%matr WASHINGTON, DC 20510 July 17, 2019 The Honorable Kevin K. McAleenan Acting Secretary U.S. Department of Homeland Security Washington, D.C. 20523 Dear Acting Secretary McAleenan, We write to urge you to use authorities in use as of June 30, 2019, to implement Operation Safe Return, a pilot program to rapidly, accurately, and fairly determine those families who have crossed the southern border that clearly do not have a valid legal claim and safer return them to their home countries. Through this program, we expect that we can meet our commitments to humanitarian protections while ensuring proper efficiency, timeliness, order, and fairness in the credible fear screening process. We also expect that Operation Safe Return will help us examine current process deñciencies, identify required increases in capacity, and understand the drivers of migration. As you know, the United States is facing unprecedented challenges at our southern border. The number of family member units and unaccompanied alien children crossing the southern border is overwhelming our immigration system, putting children and adults at serious risk… la fiscal year 2014, when 137,000 family member units and unaccompanied alien children crossed into the United States and were apprehended at the southern border, President Obama declared a “humanitarian crisis”. In the first eight months of fiscal year 2019, more than 389,000 family member units and unaccompanied alien children already have entered the United States and been apprehended at the southern border, averaging over 3,000 each day in May 2019 alone. We have worked with your agencies to develop a streamlined process to rapidly, accurately, and fairly determine those family units that do not have a valid legal claim and safer return those individuals to their home countries… The process would use existing authorities, but surge necessary resources to a limited, particular location on the southern border. Operation Safe Return would involve the following steps: - Program enrollees shall comprise inadmissible family units, including all members of the family unit identified when taken into custody that were encountered between the ports of entry through the duration of the program within a limited area of U.S. Border Patrol juri sdiction with the exception of individuals with a serious medical condition which would inhibit their ability to participate in the legal proceedings. Individuals that have unlawfully reentered the United States, were removed or departed voluntarin while under an order of exclusion, deportation, or removal, or those convicted of one or more aggravated felonies shall be excluded from this pilot program. Acting Secretary McAleenan July. I?, 2019- Page,-2" Within appronimately 1 to 3 days'.'ofheing cuco-untered between the ports-of entry at & “selected pilot location, U.S. Border Patro'l'shouldíeonduct detailed, fair and accurate interviews. withthe participants regarding their reasons for coming to the United State__s._ U.S. Border Patrol should have access to adequate translation services to ensure effective communication-. Family member units-that do. not claim fear and-"therefore-are not. referred for a crediblefear screening will be subject to'.immediate, expedited removal to their home country. Family member units that do claim fear'will be told t'hey wili'reCeive a c'redihle fear interview after at least a 48— hour waiting period that the participant can waive, and will be provided with Form M.—444 descnh1n g the credible fear process and a list. of pro bono legal eeunsel If mi-grants do not speak English, Form M- 444 shall be provided to the family unit in their native language or language of tluency DHS- officials shall confirm that the migrants comprehend. the information provided Within approximately 4 days of being encountered- between ports of entry, family units (including both parents if encountered togethei as a family unit, unless doing so would be- contrary to the well- -heing of the family) should be processcd and receive a medical exam _ within 12 hours of arrival at the appropriate facility; children must be screened by a pediatric-tan, ped1atr1c1an physician assistant pediatric nurse practitioner', er pediatric nur5e Who has access to the facility at all times Family units shall be provided fair access to available. hon— govemmemai attorneys or waive- access within 48 hours. As soon as possible, but within approximater 9 days after being encounter'ed, United States Citizenship and immigration Services Asylum 0fticei*s shall conduct .a c'redihle fear interview, prioriti'zing in.—person interviews. as resources allow Adequate translation services shall be provided to all fernin units and no interviews shall be conducted _ without appropriate translation services. The initial interview by the U. S Borde1&Patrol shall be considered by the"_a'_s'yluin o'fti'eer, hut"is_hothy' itself determihative. Within approximately ] day of the credible fear interview, the …c-redihle fear interview determination should be transmitted to the Department of Homeland Security and “Department of J ust1ce The Department of .l ust1ce should ensure prompt and complete "review of any negative -eredihle fea'r determination requested by a family unit within approximater 2 to 4 days of receiving the tile The initial interview hy the U S Border Patrol shall be considered by the 1mm1grahon judge, b_ti_t is not by itself determinative Within approximately 15 days after being encountered, the Department of Hemeland Security should remove famin units whose negative credible feat-- detenninations are affmned by the immigration jitdge. “Family unitswho are found-to have a credthe fear during the process will he'r'eferredºfor removal proceedi'ngs, Which include an opportunity to file-anasylumclaim, and shall he enrolled in_ an._alítemativesto detention program as resources allow,.unless an individual Acting Commissioner McA1eenan July 17, 2019 Page 3 presents a danger to persons or property, are a threat to the national security, or pose a risk of flight. - The Secretary of Homeland Security shall notify the Senate Committee on Homeland Security and Govermnental Affairs weekly about the Departmentºs ability to meet the specified removal timeframes. - The Secretary of Homeland Security shall work with appropriate consulate offices to ensure the expedited processing of travel documentation for those to be removed. - Significant modifications to this process should be made in consultation with the committee. The Department of Homeland Security and Department of Justice in consultation with the Senate Committee on Homeland Security and Govemrnental Affairs should develop metrics to measure the effectiveness of Operation Safe Return and share the data on a weekly basis with Congress. Additionally, the Government Accountability Office, Department of Homeland Security, and Department of Justice Office of Inapector General, working with your agencies and this committee, should carry out a review and analysis of Operation Safe Return concurrent with its implementation. Thank you for your attention to this matter. If you have any questions, please contact Brian Kennedy on Chairman Johnsonºs staff and Eric Bursch on Senator Sinemaºs staff. Sincerely, %u92_ yrsten Sinema United States Senator Homeland Security & ] Affairs …M3M Rob Portman United States Senator Acting Secretary McAleenan July 17, 2019 Page 4 Doug Jon 5 United States Senator ?… Michael B. Enzi John Barrasso United States Senator United States Senator John Cornyn United States Senator ce: Secretary of State Michael R. Pompeo