State of California et al v. Trump et al

Filing 112

REPLY (re 59 MOTION for Preliminary Injunction ) filed byCommonwealth of Massachusetts, Commonwealth of Virginia, Dana Nessel, State of California, State of Colorado, State of Connecticut, State of Delaware, State of Hawaii, State of Illinois, State of Maine, State of Maryland, State of Minnesota, State of Nevada, State of New Jersey, State of New Mexico, State of New York, State of Oregon, State of Rhode Island, State of Vermont, State of Wisconsin. (Attachments: # 1 Supplemental Request for Judicial Notice & Exhibits. 51-53)(Sherman, Lee) (Filed on 5/2/2019)

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XAVIER BECERRA
Attorney General of California
ROBERT W. BYRNE
SALLY MAGNANI
MICHAEL L. NEWMAN
Senior Assistant Attorneys General
MICHAEL P. CAYABAN
CHRISTINE CHUANG
EDWARD H. OCHOA
Supervising Deputy Attorneys General
HEATHER C. LESLIE
JANELLE M. SMITH
JAMES F. ZAHRADKA II
LEE I. SHERMAN (SBN 272271)
Deputy Attorneys General
300 S. Spring St., Suite 1702
Los Angeles, CA 90013
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Plaintiff State of California

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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STATE OF CALIFORNIA et al.;

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v.

Case No. 4:19-cv-00872-HSG
Plaintiffs, SUPPLEMENTAL REQUEST FOR
JUDICIAL NOTICE IN SUPPORT OF
PLAINTIFFS’ MOTION FOR
PRELIMINARY INJUNCTION

DONALD J. TRUMP, in his official
capacity as President of the United States of
America et al.;

Date:
Time:
Dept:
Judge:

May 17, 2019
10:00 a.m.
2
The Honorable Haywood S.
Defendants.
Gilliam, Jr.
Trial Date:
None Set
Action Filed: February 18, 2019

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Suppl. Req. for Judicial Notice in Supp. of Mot. For Prelim. Inj. (4:19-cv-00872-HSG)

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Plaintiffs hereby respectfully request, pursuant to Federal Rule of Evidence 201, that this
Court take judicial notice of the following documents.

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1. Attached hereto as Exhibit 51 is a true and correct copy of an excerpt of the Office

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of Management and Budget’s Fiscal Year 2019 Budget of the U.S. Government.

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As of May 1, 2019, the complete Budget is available on the Government

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Publishing Office’s website at https://www.govinfo.gov/content/pkg/BUDGET-

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2019-BUD/pdf/BUDGET-2019-BUD.pdf.

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2. Attached hereto as Exhibit 52 is a true and correct copy of the Department of
Defense’s Fact Sheet on Section 2808 Funding Pool.
3. Attached hereto as Exhibit 53 is a true and correct copy of New Mexico’s Wildlife

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Corridors Act in Chapter 97 of the Legislature of New Mexico’s 54th Legislature,

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1st Session as signed by the Governor of New Mexico, Michelle Lujan Grisham,

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on March 28, 2019.

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Each of these exhibits is a matter of public record and is therefore subject to judicial

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notice. Fed. R. Evid. 201(b); Lee v. City of Los Angeles, 250 F.3d 668, 689 (9th Cir. 2001) (a

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court may judicially notice matters of public record unless the matter is a fact subject to

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reasonable dispute).

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Exhibits 51 and 52 are judicially noticeable because government memoranda, bulletins,

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letters, statements and opinions are matters of public record appropriate for judicial notice. See

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Brown v. Valoff, 422 F.3d 926, 933 n.9 (9th Cir. 2005) (judicially noticing an administrative

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bulletin); Mack v. S. Bay Beer Distribs., Inc., 798 F.2d 1279, 1282 (9th Cir. 1986) (court may

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take judicial notice of records and reports of state administrative bodies), overruled on other

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grounds by Astoria Fed. Sav. & Loan Ass’n v. Solimino, 501 U.S. 104, 111 (1991); Interstate Nat.

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Gas. Co. v. S. Cal. Gas. Co., 209 F.2d 380, 385 (9th Cir. 1953) (judicially noticing government

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agency records and reports); Cnty. of Santa Clara v. Trump, 250 F. Supp. 3d 497, 520 nn.5, 8, 11

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(N.D. Cal. 2017) (taking judicial notice of government memoranda and letters).

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Exhibit 51 is also judicially noticeable because it is posted on an official government

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website. See Daniels–Hall v. Nat’l Educ. Ass’n, 629 F.3d 992, 998–99 (9th Cir. 2010) (judicially
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Suppl. Req. for Judicial Notice in Supp. of Mot. For Prelim. Inj. (4:19-cv-00872-HSG)

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noticing information contained on a government website); Paralyzed Veterans of America v.

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McPherson, No. C 06–4670 SBA, 2008 WL 4183981, at *5 (N.D. Cal. Sept. 9, 2008) (finding

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that courts commonly take judicial notice of information and documents on government websites,

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citing cases from various jurisdictions). Thus, the statements of government departments and

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agencies contained within this exhibits are not subject to reasonable dispute, as the statements

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“can be accurately and readily determined from sources whose accuracy cannot reasonably be

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questioned.” Fed. R. Evid. § 201(b)(2).

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Exhibit 53 is judicially noticeable because it is an enacted, but not yet codified, law of New
Mexico. Judith Basin Land Co. v. Fergus Cty., Mont., 50 F.2d 792, 794 (9th Cir. 1931) (“Courts

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of the United States take judicial notice of the laws of any state.”); see also United States v.

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Garcia, 555 F.2d 708, 711 (9th Cir. 1977).

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Dated: May 2, 2019

Respectfully Submitted,

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XAVIER BECERRA
Attorney General of California
ROBERT W. BYRNE
SALLY MAGNANI
MICHAEL L. NEWMAN
Senior Assistant Attorneys General
MICHAEL P. CAYABAN
CHRISTINE CHUANG
EDWARD H. OCHOA
Supervising Deputy Attorneys General
HEATHER C. LESLIE
JANELLE M. SMITH
JAMES F. ZAHRADKA II

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/s/ Lee I. Sherman

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LEE I. SHERMAN
Deputy Attorneys General
Attorneys for Plaintiff State of California

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Suppl. Req. for Judicial Notice in Supp. of Mot. For Prelim. Inj. (4:19-cv-00872-HSG)

F I SCA L Y E A R 2019

EFFICIENT, EFFECTIVE, ACCOUNTABLE

AN

AMERICAN

BUDGET

BUDGET OF THE U.S. GOVERNMENT
OFFICE OF MANAGEMENT AND BUDGET | OMB.GOV

THE BUDGET DOCUMENTS
Budget of the United States Government, Fiscal Year
2019 contains the Budget Message of the President, information
on the President’s priorities, and summary tables.
Analytical Perspectives, Budget of the United States
Government, Fiscal Year 2019 contains analyses that are
designed to highlight specified subject areas or provide other
significant presentations of budget data that place the budget
in perspective. This volume includes economic and accounting
analyses; information on Federal receipts and collections; analyses of Federal spending; information on Federal borrowing and
debt; baseline or current services estimates; and other technical
presentations.
The Analytical Perspectives volume also has supplemental
materials that are available on the internet at www.whitehouse.
gov/omb/analytical-perspectives/ and on the Budget CD-ROM.
These supplemental materials include tables showing the budget by agency and account and by function, subfunction, and
program.
Appendix, Budget of the United States Government,
Fiscal Year 2019 contains detailed information on the various
appropriations and funds that constitute the budget and is designed primarily for the use of the Appropriations Committees.
The Appendix contains more detailed financial information on
individual programs and appropriation accounts than any of
the other budget documents. It includes for each agency: the
proposed text of appropriations language; budget schedules for
each account; legislative proposals; narrative explanations of
each budget account; and proposed general provisions applicable to the appropriations of entire agencies or group of agencies.

Information is also provided on certain activities whose transactions are not part of the budget totals.
ELECTRONIC SOURCES OF BUDGET INFORMATION
The information contained in these documents is available in
electronic format from the following sources:
Internet. All budget documents, including documents that
are released at a future date, spreadsheets of many of the budget tables, and a public use budget database are available for
downloading in several formats from the internet at www.whitehouse.gov/omb/budget/. Links to documents and materials
from budgets of prior years are also provided.
Budget CD-ROM. The CD-ROM contains all of the printed
budget documents in fully indexed PDF format along with the
software required for viewing the documents.
The Internet and CD-ROM also include many of the budget
tables in spreadsheet format, and supplemental materials that
are part of the Analytical Perspectives volume. It also includes
Historical Tables that provide data on budget receipts, outlays,
surpluses or deficits, Federal debt, and Federal employment
over an extended time period, generally from 1940 or earlier to
2019 or 2023.
For more information on access to electronic versions of the
budget documents (except CD-ROMs), call [phone] in the
D.C. area or toll-free [phone]. To purchase the Budget
CD-ROM or printed documents call [phone].

GENERAL NOTES
1. All years referenced for budget data are fiscal years unless otherwise noted. All years referenced for economic data are calendar years unless otherwise noted.
2. At the time of this writing, none of the full-year appropriations bills for 2018 have been enacted, therefore,
the programs and activities normally provided for in the full-year appropriations bills were operating under a
continuing resolution (Public Law 115-56, division D, as amended). In addition, the Additional Supplemental
Appropriations for Disaster Relief Requirements Act, 2017 (Public Law 115-72, division A) provided additional appropriations for 2018 for certain accounts within the Departments of Agriculture, Homeland Security,
and the Interior. The Department of Defense Missile Defeat and Defense Enhancements Appropriations Act,
2018 (Public Law 115-96, division B) also provided additional appropriations for 2018 for certain accounts
within the Department of Defense. Accordingly, references to 2018 spending in the text and tables reflect the
levels provided by the continuing resolution and, if applicable, Public Laws 115-72 (division A) and 115-96
(division B).
3. The Budget does not incorporate the effects of Public Law 115-120, including the reauthorization of the
Children’s Health Insurance Program and amendments to the tax code in that law.
4. Detail in this document may not add to the totals due to rounding.

U.S. GOVERNMENT PUBLISHING OFFICE, WASHINGTON 2018
For sale by the Superintendent of Documents, U.S. Government Publishing Office
Internet: bookstore.gpo.gov Phone: toll free [phone]; DC area [phone]
Fax: [phone] Mail: Stop IDCC, Washington, DC 20402-0001
I S B N 978-0-16-094480-2

Table of Contents

Page

The Budget Message of the President ................................................................................................1
An American Budget ..............................................................................................................................5
Modernizing Government for the 21st Century ................................................................................7
A New Federal Budget that Works for the American People ......................................................13
Department of Agriculture .................................................................................................................23
Department of Commerce ...................................................................................................................29
Department of Defense ........................................................................................................................33
Department of Education ...................................................................................................................39
Department of Energy .........................................................................................................................45
Department of Health and Human Services ..................................................................................49
Department of Homeland Security ...................................................................................................57
Department of Housing and Urban Development ........................................................................63
Department of the Interior .................................................................................................................67
Department of Justice .........................................................................................................................71
Department of Labor ............................................................................................................................75
Department of State and Other International Programs ...........................................................79
Department of Transportation ..........................................................................................................85
Department of the Treasury ...............................................................................................................89
Department of Veterans Affairs .........................................................................................................95
Corps of Engineers—Civil Works ......................................................................................................99
Environmental Protection Agency .................................................................................................103
National Aeronautics and Space Administration .......................................................................107
Small Business Administration .......................................................................................................111
Summary Tables ..................................................................................................................................115
OMB Contributors to the 2019 Budget ...........................................................................................151

THE BUDGET MESSAGE OF THE PRESIDENT
TO THE CONGRESS OF THE UNITED STATES:
In one year of working together, we have laid the foundation for a new era of American Greatness.
We have boosted economic growth, created more than two million jobs, and added nearly $5 trillion
in new wealth to the stock market. Unemployment is at a 17-year low, wages are rising, and jobs
are returning to America. Starting this month, hardworking Americans are going to see increased
take home pay because of the massive tax cuts and tax reform legislation we enacted at the end of
last year.
America is back to winning again. A great spirit of optimism continues to sweep across our
Nation. Americans can once again be truly confident that our brightest days are ahead of us.
This year’s Budget builds upon our incredible successes over the past year and rests on the following pillars of reform:
Ending Wasteful Spending. The United States is laboring under the highest level of debt held
by the public since shortly after the Second World War. The current fiscal path is unsustainable,
and future generations deserve better. The Budget makes the hard choices needed to stop wasteful
spending, lower the national debt, and focus Government on what matters most—protecting the
Nation.
Expanding Economic Growth and Opportunity. The Budget continues our efforts to grow
the economy, create millions of new jobs, and raise wages. To accompany our efforts to cut spending
and implement massive tax cuts and reforms for American families, workers, and businesses, we
will continue to relentlessly target unnecessary regulations for elimination. We will also continue
driving America toward energy dominance and making the United States a net energy exporter by
2026.
The Budget also redefines what is possible, by putting the American economy on a path to sustainable 3-percent long-term economic growth. Over the next decade, a steady rate of 3-percent economic growth will infuse trillions of additional dollars into our economy, fueling the dreams of the
American people and sustaining a new era of American Greatness.
Preserving Peace Through Strength. The Budget recognizes that we confront political, economic, and military adversaries and competitors that have required us to adjust our national security strategy. Foremost, the Budget rebuilds and modernizes the military—to fulfill a core constitutional responsibility of the Federal Government. The Budget provides resources to enhance
missile defense and to build the planes, tanks, warships, and cyber tools that the brave men and
women who defend us need to deter aggression and, when necessary, to fight and win. Most importantly, the Budget provides funds to increase the size of our Armed Forces and to give our men and
women in uniform a well-earned pay raise. The Budget recognizes that we must deftly employ all
of our tools of statecraft—diplomatic, intelligence-related, military, and economic—to compete and

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THE BUDGET MESSAGE OF THE PRESIDENT

advance American influence. A world that supports American interests and reflects our values makes
America more secure and prosperous.
Building the Wall, Dismantling Transnational Criminal Organizations, and Enforcing
Our Immigration Laws. The Budget reflects my Administration’s serious and ongoing commitment to fully secure our border, take the fight to criminal gangs like MS-13, and make our immigration system work for Americans. The Budget provides funding for a wall on our Southwest border
and additional resources for law enforcement at the Departments of Homeland Security and Justice.
The Budget also funds an increase in the number of Immigration and Customs Enforcement officers,
Border Patrol agents, and immigration judges to improve enforcement at the border and within the
United States.
Rebuilding our Infrastructure. World-class infrastructure is possible for the American people.
Together we will build stunning new bridges, railways, waterways, tunnels, water treatment facilities, and highways. The Budget reflects a new vision for American infrastructure that would generate
$1 trillion in infrastructure investment and speed its delivery to the American people.
Supporting American Working Families. Due to changes in family structures, labor force composition, and participation rates, the demands on American families have never been more complex
or expensive to address. In addition to the middle income tax relief achieved with the passage of tax
reform, the Budget reflects the importance of investing in American working families by making paid
family leave available to new parents, investing in effective approaches to skills training like formal
apprenticeships, and maintaining Federal funding and leveraging additional State dollars for programs that help America’s working families access and afford child care. With these strategic investments, the Budget empowers Americans to thrive in our modern economy.
Protecting Our Veterans. The Budget fulfills our promise and obligation to care for our veterans
and their families—men and women who answered our Nation’s call for help and sacrificed so much
to defend us. Our veterans have earned nothing less than the absolute best care and benefits after
their service has ended, and the Budget provides the funding necessary to treat them with the honor
and respect they deserve. It is our Nation’s duty to ensure veterans have access to the medical treatment they need, when they need it—and that they have a choice when it comes to their care. The
Budget also ensures that veterans receive training and support to re-enter the workforce and find
well-paying jobs.
Combatting Opioid Addiction. More Americans died from drug overdoses in 2016 than those
who lost their lives in the Vietnam War. Opioids caused the overwhelming majority of these deaths,
which is why my Administration has declared a nationwide Public Health Emergency with respect to
opioids. The Budget reflects a solemn and unshakable commitment to liberate communities from the
scourge of opioids and drug addiction.
Fighting High Medical Drug Prices. Many patients face illness that could be cured or managed with the right medical drugs. But the prices for the drugs they need are often exorbitant.
Unnecessarily high drug prices force many patients to choose between going without the medicines
they need or making tremendous financial sacrifices. In addition, taxpayers all too often are left
to pay inflated prices for drugs for patients who obtain them through Government programs. The
Budget proposes new strategies to address high drug prices and increase access to drugs by addressing perverse payment incentives and exposing drug companies to more aggressive competition, all
while continuing to promote innovation and extend American dominance in the pharmaceutical field.
Moving from Welfare to Work. Millions of our fellow Americans have been robbed of the dignity and independence that comes through the opportunity to work. Despite significant economic

THE BUDGET FOR FISCAL YEAR 2019

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improvements and a strong recovery in the job market, enrollment in welfare programs remains
stubbornly high in many places around the Nation. Millions of Americans are in a tragic state of dependency on a welfare system that does not reward work, and in many cases, pays people not to work.
These programs, expanded during the previous administration, must now be reformed. While moving able-bodied Americans back into the workforce, welfare reform must also protect public resources
for the truly needy, especially the low-income elderly, children, and Americans with disabilities. The
Budget includes sensible reforms to problems in our current welfare system, and aims to end debilitating dependency while ensuring that our safety net is reserved for those Americans who truly need
help.
More Pathways to Affordable Education and Well-Paying Jobs. The Budget takes important steps to expand opportunities for Americans to access affordable, employment-relevant education that puts them on the path to a well-paying job and, ultimately, a fulfilling career. The Budget
promotes formal apprenticeships, an evidence-based system that allows individuals to “earn-while
they learn.” The Budget also makes important investments in science, technology, engineering, and
mathematics (STEM) education in K-12 schools, and supports career and technical education in high
schools and postsecondary institutions.
Promoting School Choice. So many of America’s poorest children—especially African-American
and Hispanic children—attend failing public schools that afford them little hope of fulfilling their
great potential. That is why families should be free to choose the public, private, charter, magnet,
religious, or home school option that is right for them. The Budget empowers parents, especially of
our disadvantaged youth, to choose the very best school for their children.
*****

The Budget reflects our commitment to the safety, prosperity, and security of the American people.
The more room our economy has to grow, and the more American companies are freed from constricting over-regulation, the stronger and safer we become as a Nation.
It is now up to the Congress to act. I pledge my full cooperation in unleashing the incredible and
unparalleled potential of the American people. There is no limit to the promise of America when we
keep our commitments to our fellow Americans and continue to put their interests first. Working
together, we will do just that.

DONALD J. TRUMP

THE WHITE HOUSE,
FEBRUARY 2018

BUDGET OF THE U. S. GOVERNMENT FOR FISCAL YEAR 2019

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HELPING AMERICANS MOVE FROM WELFARE TO WORK

More than 20 years have passed since the
Congress implemented significant reforms to
America’s safety net. In 1996, the Congress
passed the Personal Responsibility and Work
Opportunity Reconciliation Act (PRWORA), and
transformed the way Government provided support to low-income families. Recognizing the value of State innovation, and promoting work as the
best pathway out of poverty, PRWORA ushered in
an era where success was no longer measured by
how many people received welfare assistance but
instead by how well Government helped families
progress toward self-sufficiency. Building off of
this framework, the Budget empowers States to
develop innovative strategies to help welfare recipients achieve economic independence through
work, while preserving the basic safety net necessary to help those most in need.

Promoting the Value of Work
Work is a fundamental element in moving welfare recipients toward self-sufficiency and economic security. This plan proposes to reinforce
one of the original principles of welfare reform—
able-bodied people should be required to work or
prepare for work in order to receive Government
assistance. The Budget, therefore, requires States
to ensure that work-capable individuals are on a
pathway to work. In addition, an abrupt end to
welfare assistance is often an impediment to sustained employment, creating churn on the welfare
rolls. To further increase employment outcomes,
the Budget also encourages States to provide the
support necessary to ease this transition.

Improving Food Assistance
The Budget proposes a bold new approach
to administering the Supplemental Nutrition
Assistance Program (SNAP) that combines traditional SNAP benefits with 100-percent American
grown foods provided directly to households and
focuses administrative reforms on outcome-based
employment strategies. The Budget expands on
previous SNAP proposals to strengthen expectations for work among able-bodied adults, preserves benefits for those most in need, promotes

efficiency in State operations, and improves program integrity. Combined, these reforms would
maintain the commitment to ensure Americans in
need of assistance have access to a nutritious diet
while significantly reducing the cost to taxpayers.

Encouraging State Innovation
Today, there are still more than 80 single-purpose
welfare programs that comprise a Federal safety
net intended to help those living in poverty. This
complex and bureaucratic system has proven to
be ineffective. The Budget proposes to streamline,
simplify, and improve the efficiency of the welfare
system by proposing a new approach to assisting
low-income Americans rise to their potential.
The Administration recognizes that States
and local communities best understand the conditions and circumstances of their economically
vulnerable citizens. Therefore, the Budget offers
States the opportunity to propose Welfare to Work
Projects that streamline funding from multiple
welfare programs, and provide services that are
tailored to their constituents’ specific needs, helping them progress from welfare to work. Reducing
burdens and inefficiencies in overlapping—or at
times competing—program requirements would
remove barriers to employment and self-sufficiency for families dependent on welfare programs.
This new opportunity would be accompanied by
a strong accountability framework. Specifically,
plans to combine safety net programs would be
subject to rigorous, random-assignment evaluations, measuring achievement in targeted outcomes that focus on fostering employment, reducing welfare dependency, and promoting child and
family well-being. These projects would serve to
build the evidence base of best practices to help
low-income individuals and families achieve selfsufficiency, and would inform the design of more
comprehensive welfare reform efforts in the future.
Altogether, the Budget offers a bold new vision for America’s safety net, and reinforces this
Administration’s commitment to helping all
Americans achieve their full potential.

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A NEW FEDERAL BUDGET THAT WORKS FOR THE AMERICAN PEOPLE
PROTECTING AMERICANS WHILE ENHANCING LEGAL IMMIGRATION

Since taking office, the President has made
clear that he would restore order and integrity
to the U.S. immigration system. There are three
primary efforts underlying this goal: strengthening border security; ensuring enforcement of
immigration laws; and reforming the legal immigration system, while recognizing that legal
immigration is an important driver of a thriving
economy. The Budget requests more than $28.2
billion for the agencies that have primary responsibility for carrying out immigration programs at
DHS and the Department of Justice (DOJ). This
includes funding for U.S. Customs and Border
Protection (CBP), U.S. Immigration and Customs
Enforcement (ICE), and U.S. Citizenship and
Immigration Services within DHS, and the
Executive Office for Immigration Review (EOIR)
within DOJ.
Within the Administration’s proposal for $18
billion to fund the border wall, the Budget invests
$1.6 billion to support CBP efforts to gain operational control of the Southwest border. Until the
porous borders are closed to the criminals, terrorists, and gang members that exploit it, America
remains at risk. Furthermore, since most of the
illegal drugs that enter the United States come
through the Southwest border, a border wall
is critical to combating the scourge of drug addiction that leads to thousands of unnecessary
deaths. The border wall would stop smugglers in
their tracks and help make America safe.
The Budget also requests $211 million for 750
additional Border Patrol agents in 2019, continuing the President’s commitment to increase the
ranks of the Border Patrol by 5,000 new agents.
Funding would be used to recruit, hire, and train
new agents, and for staff to support the men and
women on the front line of America’s border defenses. These new personnel would supplement
investments in the border wall by guarding the
border and apprehending and swiftly removing
illegal aliens at the border.
The Budget furthers investment in CBP technology and targeting systems such as the National

Targeting Center (NTC) and the Biometric EntryExit System. The Budget requests a total of $253
million for NTC, an increase of $79 million, for its
overall mission, including the background vetting
of individuals seeking to enter the United States
before they arrive. These programs would enable
the Government to better identify terrorists and
other criminals and prevent their entry into the
United States. Completion of the long-required
Biometric Entry-Exit System would increase law
enforcement’s ability to identify and remove those
who overstay their visas. Future investments in
enhanced vetting and targeting programs would
further the Administration’s goal of shifting such
costs to visa and immigration applicants while
continuing to facilitate legitimate travel to the
United States.
The Budget makes major investments in immigration law enforcement in the interior of the
Nation, focusing on efforts to identify, arrest, prosecute, and remove illegal aliens. Within ICE, the
Budget proposes $571 million to hire and support
2,000 new officers and agents, which directly supports the President’s order for ICE to arrest all
illegal aliens it encounters. Since the President’s
inauguration, ICE arrests have increased by 42
percent and the Agency has increased requests
to local law enforcement to transfer custody of illegal aliens to ICE by 81 percent during the same
time period in the previous fiscal year.
As ICE increases its arrests and deportations
of illegal aliens, it also requires additional detention and removal capacity. The Budget requests
more than $2.5 billion for these critical law enforcement functions, funding an average daily
detention capacity of 47,000 illegal aliens in facilities across the United States. To ensure immigration cases are heard expeditiously, the Budget
also requests an increase of $40 million for 75 new
immigration judge teams at EOIR and nearly $40
million for 338 new prosecuting attorneys at ICE.
These investments are critical to the prompt resolution of newly-brought immigration charges and
to reduce the 650,000 backlog of cases currently
pending in the immigration courts.

BUDGET OF THE U. S. GOVERNMENT FOR FISCAL YEAR 2019

The Budget requests $208 million in new funding for 300 additional ICE Special Agents, support staff, and other activities for the Agency’s
Homeland Security Investigations’ (HSI) mission.
HSI staff lead efforts to ensure only those with legal permission to work in the United States are
employed here, investigate and disrupt transnational criminal organizations (TCOs) that perpetuate human smuggling and trafficking, and stop
immigration fraud, which directly facilitates illegal immigration. Because these investigations
protect the integrity of the legal immigration
system, the Budget proposes collecting the $208
million for these purposes from the immigration
applicants who want to come to the United States
and benefit from the Nation’s opportunities.
The integrity of the immigration system relies upon everyone in the United States doing
their part to follow the law. The Budget invests
$23 million to expand the E-Verify Program for
mandatory nationwide use, ensuring that businesses employ only those authorized to work in
the United States. Further, the Budget proposes to amend the Illegal Immigration Reform and
Immigrant Responsibility Act to condition DHS
and DOJ grants and cooperative agreements

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on States and local governments agreeing to
cooperate with immigration enforcement activities. This proposal takes important steps
to mitigate the risk that sanctuary cities pose
to public safety and ensures appropriate alignment between State and Federal immigration
enforcement.
The Budget supports efforts to reform the legal
immigration system by ending family chain migration and the diversity visa lottery and replacing them with a merit-based regime that selects
immigrants based on their skills, likelihood to assimilate, and ability to contribute to the economy.
This is similar to the approach used by Canada
and Australia and would reduce overall immigration while limiting low-skilled and unskilled
labor entering the United States. The Budget
requests the resources needed to adjudicate immigration and visa applications and identify and
counter fraud in the immigration process, ensuring that businesses and individuals petitioning for foreign workers and relatives do so in a
manner consistent with the Nation’s immigration
laws, while ensuring that the American economy
continues to access the labor force critically needed for growth.

REBUILDING AMERICA THROUGH THE INFRASTRUCTURE INITIATIVE

America’s infrastructure is a key component
to its historic success. With the world’s most
efficient rail and interstate highway systems,
America was a fierce global competitor. Local
roads and water systems provided a clean and
safe environment for communities and families.

Government has co-invested in State and local
infrastructure, using Federal dollars to pay for
non-Federal infrastructure projects has created
an unhealthy dynamic in which State and local
governments delay projects in the hope of receiving Federal funds.

In recent decades, however, we have chronically under-invested in public infrastructure,
leading to the frustration of long commutes and
the loss of life when a lack of maintenance creates safety hazards. The challenge of restoring
this infrastructure is complicated by the fact
that virtually all public infrastructure is owned
by State and local governments, not the Federal
Government.
Interstate highways, drinking
and waste water systems, commuter railroads,
airports, power lines, telecommunications, and
ports are all non-Federal. While the Federal

The Administration’s infrastructure initiative
would address the imbalances between infrastructure investment, ownership, and responsibility and generate $1 trillion in total infrastructure investment through a combination of direct
Federal funding and incentivized non-Federal
funding. The Budget requests $200 billion dedicated to this effort, as follows:

• Incentive

Grants—$100 billion is
requested to encourage increased State, local, and private infrastructure investment

DEPARTMENT OF HOMELAND SECURITY

Highlights:
•

The mission of the Department of Homeland Security (DHS) is to secure the Nation from the many threats it
faces. DHS safeguards the American people, the homeland, and America’s values by: preventing terrorism
and enhancing security; managing the borders; administering immigration laws; securing cyberspace; and
ensuring disaster resilience.

•

The Budget requests $46 billion in discretionary appropriations for DHS, a $3.4 billion or 8-percent increase
from the 2017 enacted level (excluding updated 2017 receipts). In addition, $6.7 billion is available to help
communities overwhelmed by major disasters.

•

Critical investments include $1.6 billion for construction of the border wall and $782 million to hire and
support 2,750 additional law enforcement officers and agents at U.S. Customs and Border Protection
(CBP) and U.S. Immigration and Customs Enforcement (ICE). The Budget also requests $2.5 billion for
detaining up to 47,000 illegal aliens on a daily basis.

•

The Budget ensures the appropriate use of taxpayer dollars by reducing Federal programs that support
activities that are primarily the responsibility of State and local governments.

The President’s 2019 Budget:
In the years since the 9/11 terrorist attacks, the Nation has faced numerous ongoing and emerging threats. U.S. adversaries continue to devise new ways to attack and undermine the American
way of life. DHS is continuously vigilant in its efforts to protect the Nation, strengthen communities’
preparedness and resilience, and respond to and recover from emergencies that occur. The Budget
increases funding for border security, immigration enforcement, cybersecurity, and law enforcement
capabilities. The Budget fully funds DHS’s critical operations to provide the American people the
security they expect and deserve.
Secures the Borders of the United States. Each day, DHS works to protect the American people and economy by preventing the illegal movement of people and contraband across U.S. borders,
including the materials that could be used to produce weapons of mass destruction. CBP and the
U.S. Coast Guard (USCG) patrol more than 5,000 miles of border with Canada, 1,900 miles of border with Mexico, and 95,000 miles of shoreline to intercept threats originating beyond the Nation’s
borders. The Budget invests in border security to protect the American people, while facilitating

57

DEPARTMENT OF HOMELAND SECURITY

58

legitimate trade and travel to advance American
prosperity.

“I could not be prouder to serve alongside the
men and women of the Department of Homeland
Security. And we, as a Nation, owe them a debt
of gratitude for taking on some of the toughest,
most important jobs in America. While you’re
having your morning coffee, the Coast Guard is
pulling a fisherman aboard after his boat capsized
in stormy seas. While you’re deciding what you
want for lunch, the Federal Law Enforcement
Training Center is teaching law enforcement
officers how to respond to an active shooter…
While you’re zoning out on your commute home,
Homeland Security Investigators are closing in on
a dangerous child predator. While you’re bingewatching Mad Men on Netflix, TSA is stopping an
actual mad man with a loaded gun from boarding
a flight to Disney World.”

As shown in the chart below, since the start of the
Administration in 2017, apprehensions of illegal
border crossers have dropped between ports of entry.
At the same time, DHS has accelerated its apprehension of illegal aliens within the United States.
The Budget follows through on the President’s
commitments on border security. As part of the
Administration’s proposal for $18 billion to fund
the border wall, the Budget requests $1.6 billion to
construct approximately 65 miles of border wall in
T
south Texas. The Budget also provides funding to
hire 2,000 additional ICE law enforcement officers
and 750 Border Patrol agents. The Budget makes
these significant investments while continuing to
fund surveillance and other border security technologies and initiatives.

The Budget also continues to modernize USCG’s
vessels and aircraft that patrol the waters off the
Nation’s coasts. These vessels and aircraft serve as
America’s first line of defense at sea. USCG works
every day to stop illegal aliens traveling by maritime routes, and disrupts the flow of cocaine and
other illegal drugs well before they can poison communities. New assets deployed by USCG, such as
the National Security Cutter, are also much more effective at detecting threats and stopping them
before they reach American shores.

John F. Kelly
White House Chief of Staff, as DHS Secretary
April 18, 2017

Ensures
the
Immigration
System Works. The Budget invests in critical law enforcement
programs that would ensure the immigration system works, including
hiring 2,000 new ICE law enforcement officers in 2019. This doubles
the number of new ICE officers who
would be hired in 2018. These new
law enforcement personnel would
help fulfill the President’s commitment to apprehend and deport illegal aliens, dismantle smuggling
networks, and enhance public safety.
In addition, in order to combat
immigration fraud, the Budget proposes a new approach to fund ICE
investigators by collecting $208
million in fees from immigration

Fewer Illegal Border Apprehensions and
Increased Interior Apprehensions
Between ports of entry

Interior

500,000

250,000

400,000

200,000

300,000

150,000

200,000

100,000

Between Ports of Entry
Interior
100,000

50,000

0

0

2013

2014

2015

2016

Source: Department of Homeland Security, 2017

2017

BUDGET OF THE U. S. GOVERNMENT FOR FISCAL YEAR 2019

59

applicants. These funds would ensure ICE has what it needs to disrupt criminal enterprises conducting document and benefit fraud, while also stopping unscrupulous employers that hire illegal aliens
and undermine job opportunities for Americans.
Companies that employ illegal aliens violate the law, harm U.S. workers, and fuel other crimes
such as human smuggling, document fraud, identity theft, money laundering, and labor violations. In
order to crack down on illegal employers, the Budget continues to call for mandatory, nationwide use
of the E-Verify system. E-Verify is an online tool that allows businesses to determine the eligibility
of their employees to work in the United States, can be used at no cost to employers, and has an over
99-percent accuracy rate. 1 The Administration continues to enforce E-Verify use by Federal contractors, which has been required for many years.
Secures Cyberspace. The President has affirmed
the important role that DHS plays in combating cyberattacks and protecting the Nation’s critical infrastructure. The Budget includes $1.0 billion to support DHS’s
efforts to safeguard the Federal Government’s civilian
information technology systems against cybersecurity
threats. These funds also support DHS efforts to share
cybersecurity information with State, local, and tribal
governments, as well as with international partners and
the private sector. As these threats continue to evolve,
DHS cybersecurity programs are more important than
ever.
Secures the Nation’s Transportation Systems.
The Transportation Security Administration (TSA) ensures the security of the Nation’s various transportation
systems. In addition to screening more than two million
passengers and millions more bags daily, TSA supports
security of air cargo, mass transit systems, passenger
and freight railways, pipelines, highways, and ports. In
2016, TSA discovered 3,391 firearms in carry-on bags at
checkpoints across the United States, averaging more
than nine firearms per day. Of those, 83 percent were
loaded. The Budget provides approximately $7.7 billion
to support the TSA employees and technology that ensure the free movement of people and commerce.

National Flood Insurance Program’s
Reinsurance Purchase Pays Off During
Hurricane Harvey
In January 2017, FEMA purchased reinsurance coverage for the National Flood Insurance Program, which would provide up to
$1 billion in payment to FEMA if flood insurance claims from a single event exceeding
$4 billion. The reinsurance overage paid off
when Hurricane Harvey hit the coast of Texas in August of 2017. This investment gave
FEMA nearly $7 for every $1 of reinsurance
coverage purchased, keeping the program
from falling further into debt and protecting
taxpayer funds. FEMA plans to continue
purchasing reinsurance as a way to protect
against losses resulting from catastrophic
disasters.

Protects against Emerging Threats. Within TSA, the Budget invests $71 million in new technology to make airport screening more effective and faster. Computed tomography, used for years in
hospital and industrial applications, is being adapted for aviation checkpoints to address emerging
threats to passenger flights. The technology provides high-definition 3D images that screeners can
zoom and rotate to identify and remove suspicious items before they get onto an airplane.
The Budget also enhances DHS’s ability to counter the threat to the homeland from weapons of
mass destruction including efforts overseas and domestically. The Budget supports DHS’s plans to
establish a new Countering Weapons of Mass Destruction Office, which would unify the Department’s
various chemical, biological, radiological, and nuclear counter-threat missions. This reorganization
would allow the Department to protect the United States from weapons of mass destruction more efficiently and effectively.
1

https://www.uscis.gov/e-verify/about-program/performance

Fact Sheet on Section 2808 Funding Pool