On September 30, 2003, the Migration Policy Institute hosted "A Conversation with Asa Hutchinson." Mr. Hutchinson was confirmed in January 2003 as the Undersecretary for Border and Transportation Security (BTS) in the Department of Homeland Security (DHS). With the beginning of a new fiscal year, Mr. Hutchinson was invited to discuss his upcoming plans for FY2004 and further describe how they will accomplish the bureau's goals of interior enforcement and border security. Doris Meissner, Senior Fellow at MPI and Former Commissioner of the INS, chaired the event. In her opening statement, Ms. Meissner recounted her first meeting with then-Congressman Hutchinson aimed at addressing the challenges posed by the fast-growing immigrant population in Northwest Arkansas, emphasizing his experience and dedication to the topic.

Presentation
Hutchinson opened his remarks by commenting on the Memorandum of Understanding (MOU) released one day earlier between the State Department and DHS regarding visa issuance. Formerly a responsibility of the Department of State, the lead on visa policy and oversight now lies with DHS although State Department consular officers will continue to process and issue visas overseas. Mr. Hutchinson emphasized the cooperative efforts currently underway to form a strong partnership between the two departments.

He also commented briefly on the lateral repatriation pilot program taking place on the Southwest border that was to end today with an evaluation to follow over the next few months. The goal of the program was to disrupt human smuggling networks and save lives by returning apprehended migrants through the Texas border, away from the risky deserts through which they illegally entered and away from the hands of their smugglers.

Hutchinson then provided a brief overview of the successes and challenges of BTS since its inception. Throughout his remarks, he emphasized efforts to enhance security and the flow of commerce and also discussed the cooperative interaction between the enforcement and the services sides of immigration. Examples of successes included expanded checks on foreign pilots resulting in the identification of five individuals with terrorist ties and full implementation of the Student and Exchange Visitor Information System program, which included an around-the-clock command center to provide fact and accurate assistance - 190 individuals not enrolled in studies were found attempting to enter the United States. Another highlight was his recent swearing in of 217 new citizens recently returned from combat in Iraq, which he believes demonstrates the agency's dedication to the services component of immigration.

Hutchinson asserted that USVISIT, a new entry/exit program for all foreign visitors, is necessary both to facilitate travel and improve the integrity and security of the system. He stated that DHS is working hard to meet the January 2004 deadline for use at all air and sea ports, but that Congress has the authority to choose to extend the deadlines. He added that the concerns of border communities regarding extended crossing delays will be taken into account and that implementation at land ports-of-entry will pose major challenges.

The balance between security and civil rights was stressed throughout the discussion. Hutchinson recognized that long-term immigrant detainees may need individual evaluations of their cases and that there is much to be learned from the Inspector General's report on the treatment of the September 11 detainees. He stated that DHS is working closely with the Department of Justice and the FBI and is committed to the Civil Rights and Privacy Officer positions that have been created. He also has met with representatives of the European Commission regarding information sharing.

Hutchinson concluded by reaffirming his intentions to maintain a positive, balanced, cooperative relationship with the Bureau of Citizenship and Immigration Services (he and Eduardo Aguirre, Director of BCIS are involved in a steering committee on immigration-related issues). Ultimately, he sees the agency's job as protecting the ideals and values of the United States while at the same time protecting the United States from security threats. He alluded to Henry van Dyke's description of Americans as "an idealist people with a practical task," sharing van Dyke's commitment to a practical application of freedom and liberty.

Question and Answer Session

Internal Enforcement
In response to a question regarding the NSEERS program, Hutchinson discussed the importance of increasing the information available to foreign-born visitors in the United States and then making them responsible for complying with the terms of their visa. He stressed his commitment to the prohibition of racial profiling. In response to recent headlines on the treatment of those participating in the Immigrant Workers Freedom Ride, he stated that instructions were given that no actions be taken without coordination with his office and that people be treated respectfully.

Asylum Seekers
Two participants asserted a lack of coordination between government agencies with respect to asylum seeker decisions. Hutchinson was reminded that asylum seekers often must obtain false documents to be able to depart the country they are fleeing, presenting complications once in the United States, as some are prosecuted before the decision on their asylum case is made.

Policy Coordination
A number of questions were raised regarding how organizational cultures within the legacy agencies will be changed, how policy will be coordinated between the service and enforcement bureaus (individuals who qualify for immigration benefits are being picked up by enforcement officers), and how decisions will be made when the bureaus are unable to resolve policy differences. One participant also asked about remaining challenges at the ports-of-entry. Hutchinson responded that immigration policy is a joint effort across bureaus, with final decisions made by Secretary Ridge, and that port-of-entry procedures are constantly being reviewed in order to be most effective while maintaining efficiency.

The Undocumented Population
In response to a comment regarding immigrants' access to driver's licenses and a lack of uniformity across states, Hutchinson stated that DHS has no intention to nationalize driver's licenses, nor does it want to encourage illegal immigration. Recent decisions by states, most notably California, may lead DHS to reevaluate the documents it accepts as proof of citizenship at U.S. land borders. From a policy angle, DHS would like to remove the incentives for people to skip the legal processes. With an estimated nine to ten million unauthorized immigrant population in the United States, Hutchinson stated that he intends to "stop the bleeding" of ever-increasing illegal flows by promoting legal immigration. If sufficient resources are appropriated and the issue is viewed as a priority, Hutchinson believes the administration is capable of addressing the situation. In fact, he stated his belief that the agency's success will be measured in part by how it handles this issue.