QCAUSE ACTION Advocates for Government Accountability A 501(c)(3) Nonpro?t Corporation October 23, 2014 VIA CERTIFIED MAIL E-MAIL Hon. Barbara Boxer, Chairman Hon. Johnny Isakson, Vice Chairman US. Senate Select Committee on Ethics Senate Hart Of?ce Building, Room 220 Washington, DC. 20530 Re: Phone Call With Committee Stating It Never Received Cause of Action?s December 16, 2013 Complaint Regarding Senator Harry Reid?s Alleged Ethics Violation With Respect To EB-5 Visas. Dear Senators Boxer and Isakson: On October 20, 2014, Cause of Action wrote the Senate Select Committee on Ethics (?Committee?) requesting ?reasoned notice of the Committee?s determination? on Cause of Action?s December 16, 2013 complaint. This complaint alleged that Senator Harry Reid (D-NV) violated Rule 43 of the US Senate Code of Of?cial Conduct through inappropriate ex parte communications with then-US. Citizenship and Immigration Services Director Alejandro Mayorkas and another of?cial in Office of Legislative Affairs, causing the approval of EB-S visas for favored investors notwithstanding ?suspicious? ?nancial irregularities.l As Cause of Action pointed out at that time, Senator Reid?s conduct was ?especially troubling? because the principal entity involved in the scheme was a major Democratic Party contributor represented by the Senator?s son, Rory Reid. On October 22, 2014, after media reports of the determination request, John C. Sassarnan, the Committee?s Chief Counsel and Staff Director, called Cause of Action and indicated the Committee had ?never received? the complaint. In light of the National Journal ?3 ?ndings regarding the Committee?s ineffectiveness} the notion that Committee staff may have lost or otherwise misplaced Cause of Action?s complaint against the Majority Leader is plausible. However, the available evidence contradicts the Committee?s claim. To begin with, the complaint was sent certi?ed mail and Cause of Action received a signed return receipt from the Senate dated December 20, 2013.3 But even if the Senate mails failed in this case, and the complaint was lost by Senate employees, the evidence is that the Letter from Cause of Action to Hons. Barbara Boxer Johnny Isakson, U.S. S. Select Comm. on Ethics (Oct. 21, 2014), available at 0l2014-lO-2 1-Ethics-Letter.pdf (Exhibit 1). 2 Sarah Mimms Billy House, Is the Senate Ethics Committee Working?, J. (Oct. 1, 2014), . 3 Ethics Letter Delivery Record (Dec. 20, 2013) (Exhibit Letter ?'om US. Postal Serv. to Cause of Action (Oct. 22, 2014) (Exhibit 3). 1919 Ave, NW Suite 650 CauseOfAction Washington, DC 20006 202.499.4232 Hon. Barbara Boxer Hon. Johnny Isakson October 23, 2014 Page 2 Committee learned of the complaint?s ?ling and allegations from direct press inquiries and likely obtained it directly from Cause of Action?s website in January, 2014.4 Speci?cally, a January 21, 2014, story by The Washington Times reported that a ?spokesman for the ethics committee and Chairwoman Barbara Boxer, California Democrat, said they couldn?t comment on the details of any investigation.?5 Frankly, it is dif?cult to conceive of a circumstance under which an experienced Senate Committee ?spokesman? would have acknowledged a complaint that had not been received, or to imagine that the highly professional Senate Committee staff would have neglected to follow up on a direct press inquiry by obtaining a copy of the complaint from the Cause of Action website, where it had been publicly posted. And, as it happens, Google AnalyticsTM for Cause of Action?s website posting of the complaint, reveals several visits by Senate employees during the relevant time.6 In any event, attached is yet another copy of the December 16, 2013 complaint for the Committee?s review.7 It alleges that Senator Reid violated the Senate?s ethics rules and suggests that the visa program, designed to help create jobs for American workers, may be a vehicle for moving foreign money of uncertain provenance into the United States to bene?t politicians and their cronies.8 Given Mr. Sassaman?s call and the Committee?s record of inaction, the public certainly has reason to be concerned about the integrity and thoroughness of Committee review in this case. Nevertheless, Cause of Action trusts that the Committee will act and in good faith with respect to this matter. Please contact me if you have any questions. ecutive Director 4 David Sher?nski, Harry Reid on the hot seat: Ethics probe demanded by watchdog group, WASH. TIMES (Jan. 21, 2014), Ethics Complaint Filed Against Harry Reid, WASH. FREE BEACON (Jan. 21, 2014), Kenric Ward, Complaint: Reid meddled in casino visa-investor cases, WATCHDOGDRG (Jan. 21, 2014), 5 Sher?nski, supra note 4. 5 Google Analytics for (Dec. 16, 2013 Jan. 30, 2014) (by service provider) (Exhibit 4). 7 Letter from Cause of Action to Hons. Barbara Boxer Johnny Isakson, U.S. S. Select Comm. on Ethics (Dec. 16, 2013), available at (Exhibit 5). 3 See, John Solomon David Sher?nski, VEGAS RULES: Harry Reid Pushed Feds to Change Ruling for Casino?s Big-money Foreigners, WASH. TIMES (Dec. 10, 2013), es.com/news/20 13/dec/ Hon. Barbara Boxer Hon. Johnny Isakson October 23, 2014 Page 3 Encl.: Exhibits cc: Hon. Harry Reid US. Senate Hon. Tom Carper, Chairman, Hon. Tom Coburn, Ranking Member US. Senate Committee on Homeland Security and Governmental Affairs Hon. John Roth Inspector General of the Department of Homeland Security Mr. John C. Sassaman, Chief Counsel and Staff Director, US. Senate Select Committee on Ethics EXHIBIT 1 QCAUSE ACTION Advocates for Government Accountabth A 501(c)(3) Nonpro?t Corporation October 21. 2014 VIA CERTIFIED MAIL Hon. Barbara Boxer, Chairman Hon. Johnny Isakson, Vice Chairman U.S. Senate Select Committee on Ethics Senate Hart Of?ce Building, Room 220 Washington, DC. 20530 Re: Request for Notice of Committee Determination Regarding December 16, 2013, Complaint Regarding Senator Harry Reid?s Interference with Review of Immigrant Investor Applications for the SL5 Hotel Casino Project. Dear Senators Boxer and Isakson: On December 16, 2013, Cause of Action, a nonpro?t, nonpartisan government accountability organization, submitted a letter to the Senate Ethics Committee (?Committee?) alleging that Senator Harry Reid (D-NV) violated Rule 43 of the U.S. Senate Code of Of?cial Conduct' through ex parte communications with the U.S. Citizenship and Immigration Services These communications were apparently for the purpose of altering or affecting review of EB-S immigrant investor applications related to the SL5 Hotel Casino project. Over 300 days have passed since the Committee has received Cause of Action?s complaint, but it apparently has taken no action. It may be that the Committee?s silence re?ects its decision that the complaint?s allegations do notjustify a preliminary inquiry.2 Or it may be that the Committee?s silence re?ects a failure to properly discharge duties. Consequently, the purpose of this letter is to request a reasoned notice of the Committee?s determination in this case. Letter from Cause of Action to Hons. Barbara Boxer Johnny lsakson, U.S. S. Select Comm. on Ethics (Dec. 16, 2013), available at 3-12-16-La?Sen-Ethics- Comm-Reid.pdf; see also U.S. S. SELECT COMM. 0N ETHICS, SENATE ETHICS MANUAL (S. Pun. 108-1) 177- 78 (2003), available at http: (discussing Senate Code of Of?cial Conduct Rule 43); David Sher?nski, Harry Reid on the hot seat: Ethics probe demanded by watchdog group, WASH. TIMES (J an. 21, 2014), mm: Ethics Complaint Filed Against Harry Reid, WASH. FREE BEACON (Jan. 21, 2014), Kenric Ward, Complaint: Reid meddled in casino visa-investor cases, WATCHDOGDRG (Jan. 21, 2014), 124635 2 U.S. S. SELECT COMM. ON ETHICS, S. PRT. I 11-53, RULES or PROCEDURE, RULE (1999 ed., reprinted in 2010), available at id=55 1 b3 9fc?30ed-4b1 4-b0d3- 706608a6fcb. 1919 Ave, NW Suite 650 CauseOfAction Washington, DC 20006 202.499.4232 Hon. Barbara Boxer Hon. Johnny Isakson October 21, 2014 Page 2 Cause of Action?s December 16, 2013 letter alleged Senator Reid inappropriately interfered with an agency adjudicative function3 when he lobbied Director Alejandro Mayorkas and another of?cial in Of?ce of Legislative Affairs to reconsider and approve a number of EB-S immigrant investor visa petitions after they had been rejected for expedited review due to ?suspicious ?nancial activity.?4 Senator Reid?s efforts are especially troubling because the principal entity receiving this foreign funding is a major contributor to the Democratic Party and, at the time, was represented by the Senator?s son, Rory Reid, and his law ?rm, Lionel, Sawyer Collins PC.5 This letter was a ?complaint or other allegation or information? under Rule 2(a) of the Committee?s Rules of Procedure.6 It alleged a violation of the US Senate Code of Of?cial Conduct by Senator Reid and was submitted in the preferred form and content speci?ed under Rule Therefore, upon receipt the Committee should have conducted a preliminary inquiry to determine whether the complaint contained ?substantial cause. . .to conclude that a violation within [its] jurisdiction? had occurred.8 However, there is no evidence that the Committee conducted such an inquiry or, in fact, did anything at all. According to a recent report from the National Journal, the Committee has not ?publicly acted on any violations by senators since May 2012.?9 This claim is corroborated by the Committee?s Annual Report, which states that it processed twenty- six complaints alleging the violation of Senate rules during 2013?perhaps including Cause of Action?s complaint concerning Senator Reid?s inappropriate interference in the program?but dismissed them all for ?lack of subject matterjurisdiction or in which, even if the allegations in the complaint are true, no violation of Senate rules 3 Under Senate ethics rules, Members are limited to ?urg[ing] prompt consideration? when attempting to impress upon agency decision-making. SENATE ETHICS MANUAL, supra note I at [77. Members are directed to avoid interfering in ?quasi-j udicial, adjudicative, or enforcement matters," such as petitions for expedited review under the EB-S Program. Id. at 178. 4 John Solomon David Sher?nski, VEGAS RULES: Harry Reid Pushed Feds to Change Ruling for Casino 's Big-money Foreigners, WASH. TIMES (Dec. 10, 2013) 5 Ethics Letter, supra note I at 2-3; see also Solomon Sher?nski, supra note 4. Rory Reid is no longer listed as an attorney at Lionel, Sawyer Collins PC. See 5 US. S. SELECT COMM. RULE 0F PROCEDURE, supra note 2, at RULE 2. 7 Id. at RULE 3 See id. at RULE If the Committee dismissed the complaint for lack of substantial credible evidence after conducting a preliminary inquiry, it would have been required to provide notice of its dismissal to Cause of Action under RULE 9 Sarah Mimms Billy House, Is the Senate Ethics Committee Warking?, (Oct. 1, 2014), Hon. Barbara Boxer Hon. Johnny Isakson October 21, 2014 Page 3 would exist? or for failure to ?provide suf?cient facts as to any material violation of the Senate rules beyond mere allegation or assertion?? The Committee?s failure to publicly provide reasoned notice for its apparent ?ndings of insuf?ciency shows an unacceptable opacity. Government watchdogs have described the Committee?s review process as a ??black hole? into which allegations go to ?cool off? and perhaps disappear.?? The legitimacy of our constitutional order depends upon the ethical conduct of our elected representatives. Article 1, 5, Clause 2 of the US. Constitution states, ?[e]ach House may . . . punish its Member for disorderly behavior, and with the Concurrence of two thirds, expel a Member.? As the Committee itself has recognized, ?a public office is a public trust? and its apparent failure to respond to the violations alleged here violates that trust. '2 When the Committee quietly dismisses a complaint without explanation where independent material evidence supports the allegations of misconduct, there is cause for concern. By its silence in this case, the Committee has apparently disregarded the publicly? available evidence regarding Senator Reid?s inappropriate political interference with decision-making. At the very least, the Committee should have required Senator Reid to disclose all con?icts of interest he, or his son, might have had in the approval of EB-S visa petitions for the SL8 Hotel Casino. Disclosure would have helped to maintain public faith our political institutions, avoided well-founded suspicions of executive branch politicization, and dispelled any appearance of impropriety by Senator Reid. Also, the Committee should have explained what happened to Cause of Action?s complaint (and all of the other complaints reviewed since May, 2012, for that matter) to protect public faith and con?dence in the integrity of the Senate ethics process. Cause of Action remains committed to exposing political misconduct, fraud and abuse in the EB-S program.13 It will continue its investigation into the very credible allegations of political interference that it has received regarding this program. It will continue to petition the Department of Homeland Security Of?ce of the Inspector General for an independent review. And, it will continue to demand that this Committee protect both the Senate and the public by investigating the wrongdoing alleged in this case. U.S. S. SELECT COMM. ON ETHICS, ANNUAL REPORT OF THE SELECT COMMITTEE ON 13TH CONGRESS (Jan. 30, 2014), available at Letter from the Campaign Legal Center Public Citizen, to Hons. Barbara Boxer Johnny lsakson. U.S. S. Select Comm. on Ethics (June 16, 2014), available at Boxer_lsakson_Eth ics_Committee_Letter_6- 6-14.pdf. '3 Jurisdiction, U.S. S. SELECT COMM. ON ETHICS, (last visited Oct. 20, 2014). ?3 E. Letter from Cause of Action to Hon. Darrell lssa, US. House of Representatives (Sept. 24, 2013), available a! Enclosurespdf; Letter from Cause of Action to Hon. Darrell lssa, US. House of Representatives (Dec. 9, 2013), available at Hon. Barbara Boxer Hon. Johnny Isakson October 21, 2014 Page 4 Daniel Z. Epstein Executive Director cc: Hon. Harry Reid, US. Senate Hon. Alejandro Mayorkas, Deputy Secretary of Homeland Security Hon. John Roth, Inspector General of the Department of Homeland Security Hon. Leon Rodriguez, Director. U.S. Citizenship Immigration Services Hon. Carolyn Lerner, Special Counsel, US. Of?ce of Special Counsel EXHIBIT 2 . . mam m: .E .2;qu 8.3.8 .8. BESS 53869205252; LIL . . mom m: Bama?o 8.3.8 .8 .3588 .033 do .5523is . mam m: 33.2 a 3m 3mm :3 3m ancient. <2 "3:5.sz mw?m E?umm 53mm uEE?um Exam "moqum Euonm @366 Em 63309320 "230 $00 Soa?mmaw um ?33533 Enamm m??m 3E5 952:5 ta: 3:5 5 ?3553 62mm 223 E26 02> 52mm. 3:52. do: 622 ?.355 :26 Eade "33. 323; Exam 233m .5: No 3 a 2925 ?$2221 twain maEE?uou can: macaw on 20.52:.542. SN .2 $2583 "33 :22 3% m5. 2a 5.5an - SN .2 EaEmoma ~52 m>4 22mm :3 ?33 EE Sand. 3 025 ?3253. 530m madame cognac?ch EXHIBIT 3 UNITED STATES POSTAL SERVICE. Date: October 22, 2014 Moira Smith: The following is in response to your October 22, 2014 request for delivery information on your Certified item number 9414811899560193445410. The delivery record shows that this item was delivered on December 20, 2013 at 7:56 am in WASHINGTON. DC 20510. The scanned image of the recipient information is provided below. M. 0V6, - 3" GO Gm Signature of Recipient 7 Address of Recipient M--. \l 9W 203/0 Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local Post Of?ce or postal representative. Sincerely, United States Postal Service EXHIBIT 4 Google Analytics Network ALL All Sessions Explorer Summary I Sessions SERVICE PROVIDER united states senate Add Segment ?0039 - [Haunt-ninth All ?Nn?b [331.4 Dec 16. 2013 Jan 30. 2014 Service Provlder un?ed 1. states senate united 2. states senate un?ed 3. states senate unued 4. states senate united 5. states senate united 6. states senate united It. states senate un?ed 8. states senate Page Icoa-requests-i nvestigation-se n-harry?reid-us cis-eb-5cabuse i Jaboutlwork-wit h-uslcomrnuni cations-special istl oig-charles-ed wards:r Ifoia-request-a nd-complaint~r egarding-dhs-o ig-charles-edw ardsi ipress-kitldan- epstein-executi ve-directori Ireport-unfair-e nrichment-fore st-city-enterpri ses-acts-lawt Iwashington-p ost-senators-c all-resignation- embattled-horn eland-security- auditor] Acquisition Sessions 38 of Total 0 79% (4 530) 17 {44.7414 13 (34.21%) 2 2 1 1 ?l 12.01%) 1 H.530.) ?11; New Sessions 71.05% Site Aug 72 17% (-1 55% 70.59% 84.62% 100.00% 100.00% 0.00% 00% 0.00% 0.00% New Users 27 oo 01 Total 0 77% '3 436) 12-4444%. 11 ~10 7-11: i 2 i? 413%) (0 00%) .13 UP, ?k 0 (0 00%) t] 00%; Behavior Bounce Rate 60.53% Site Avg 58 49% (3 48%) 88.24% 23.08% 50.00% 50.00% 100.00% 100.00% 100.00% 0.00% 1-10 Pages 1' Session 2.39 Site Avg 2.58 (-7 24%) 1.15 1 .00 4. 00 2.00 1.00 3.00 Avg. Session Duration 00:04:11 Site Avg 00 02 20 (79 88%) 00.01103 00:04:14 00:00:38 00:14:50 00:00:00 00:00:00 00:00:00 00:55:26 ?3 Conversions Goal Converslon Rate 0.00% Site Avg 0 00% (0 00%) 0.00% 0.00% 0.00% 0. 00% 0.00% 0.00% 0.00% J?iv'u Goal Completions 0 of Total 0 00% (0) (000%) Ct to 00%) (0 00%, (0 00%) 0 (0 00%) 0 (0 00%) 0 (000%) Goal Value $0.00 of Total 0 00% 00) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 (0 00%. 00%) to 00%) (0 00%: (0 00%) (0 00%) Rows1-Bof8 2014 Google EXHIBIT 5 QCAUSE ACTION Advocates for Government Accountability A 501(c)(3) Nonpro?t Corporation December 16. 2013 VIA CERTIFIED MAIL Hon. Barbara Boxer, Chair Hon. Johnny Isakson, Vice Chair US. Senate Select Committee on Ethics Senate Hart Of?ce Building, Room 220 Washington, DC. 20530 Re: Request for Investigation of Con?icts of Interests Dear Senators Boxer and Isakson: Cause of Action is a non-pro?t. nonpartisan government accountability organization that ?ghts to protect economic opportunity whenever federal regulations, spending, and cronyism threaten it. We seek. among other things, to ensure that elected of?cials are forthright about any attempts they make to use political in?uence to achieve ends that are personally pro?table. but not in the public interest. In January 2013. Senator Harry Reid (D-NV) contacted two of?cials at the US. Citizenship and Immigration Services (U SCIS) Of?ce of Legislative Affairs Agent Miguel Rodriguez and USCIS Director Alejandro Mayorkas in what The Washington Times characterized as an attempt to in?uence the approval of a number of 133-5 immigrant investor applications?some of which had not been approved due to ?suspicious ?nancial to set them aside for expedited review.2 Despite the fact that these applications were ineligible for appeal.3 Senator Reid?s efforts to lobby USCIS resulted in the reconsideration and approval of these applications, as well as the subsequent securing of millions of dollars in foreign and domestic funds for the SL8 Hotel Casino and American Dream Fund EB-S Regional Center? -?both of which are major contributors to the Democratic Party and its candidates.4 Even more All potential immigrant investors must demonstrate in the Form 1-526 conditional application that the ?capital? being used to invest in the EB-S project has been ?obtained through lawful means,? as demonstrated by ?foreign business registration records," ?[foreign] tax returns,? and other forms of evidence. 8 C.F.R. It is likely that the ?suspicious ?nancial activity? associated with the applications in the present case implicate this regulation. 2 John Solomon David Sher?nski, VEGAS RULES: Harry Reid Pushed Feds to Change Ruling for Casino 's Big-money Foreigners, WASH. TIMES (Dec. 10, 20] 3), available at http: 2013-dec 3 See generally 8 C.F.R. 204.6. 4 Solomon Sher?nski, supra note 2. 1919 Ave, NW Suite 650 CauseOfAction Washington, DC 20006 202.499.4232 troublesome is the fact that Senator Reid?s son, Rory Reid, and his law ?rm, Lionel, Sawyer Collins P.C., are legal counsel to the SL8 Hotel Casino. Rule 43 of the U.S. Senate Code of Of?cial Conduct permits members ?to assist petitioners before executive and independent government of?cials and agencies."5 Such advocacy, however, ought not to be undertaken for the sake of personal bene?t and should avoid any semblance of ?special treatment.?6 Indeed, the Select Committee on Ethics has suggested that members avoid interfering in ?quasi-judicial, adjudicative, or enforcement? matters, since an Executive agency decision should be ?based only upon a record developed during a trial-like hearing.?7 Ex parte communications of the kind made by Senator Reid arguably violate the Code of Of?cial Conduct. Urging the expedited approval of a speci?c set of visa applications that are ?agged for ?suspicious ?nancial activity? goes beyond ?urg[ing] prompt consideration?8 or typical constituent advocaCy. This is especially the case give the relationship between Senator Reid and legal counsel for the SL8 Hotel Casino. As you are no doubt aware, the rules and administration of the EB-S program have been subject to increasing public concern. Career employees at the U.S. Department of Homeland Security, for example, have claimed that ?top managers have given . . . politically connected applicants special treatment.?9 Further misconduct has been reported at the state and local levels, where of?cials have manipulated U.S. Census data to accommodate favored corporations'0 or abused the program under the guise of ?economic development? while embezzling funds.ll Even individuals who make their living representing Regional Centers or companies participating in the Pilot Program have been found guilty of fraud[2 and subjected to actions bought by the U.S. Securities and Exchange Commission.13 5 U.S. SEN. SELECT COMM. ON ETHICS, SENATE ETHICS MANUAL (S. PUB. 108-1) 177 (2003), available at 6 Id. at 178. 7 Id. 5 Id. at 177. 9 Tom Hamburger Peter Wallsten, GreenTech Fits Pattern of Investment That Has Made Big Pro?ts for Terry McAuli??e, WASH. POST (Sept. 21, 2013), available at '0 CAUSE OF ACTION, POLITICAL PROFITEERINO: HOW FOREST CITY ENTERPRISES MAKES PRIVATE PROFITS AT THE EXPENSE OF TAXPAYERS (Dec. 9, 20 I 3), available at 13/12/13 See, Scott Waltman, More Answers Wanted: Area Lawmakers Call for More Investigations of State Economic Development E?orts, ABERDEEN NEWS (Dec. 15, 2013), available at state/article '2 See, e.g. Aisling Swi?, ormer Naples Attorney Sentenced on Fraud Charge in Immigration Cases, NAPLES NEWS (Dec. 9, 2013), available at l3/dec/O9/fonner-naples- '3 See, Complaint at 181157, Sec. Exch. Comm. v. A Chicago Convention Center, LLC (ND. Ill. Feb., 2013), available at see also 15 U.S.C. These concerns?in addition to others we have raised to the attention of your colleagues in the House of Representatives'4?demonstrate the extent to which EB-S is abused. Indeed, a recent US. Immigration and Customs Enforcement memo released by Senator Grassley (R-IA) details how the program ?inherently creates an opportunity for fraud? and may pose a serious threat to national security.'5 Further, the program can be abused as a tool to ?nance local, state, or federal elections as Federal Election Campaign Act re?gulations permit contributions from foreign nationals who have obtained a green card. The American people deserve better. It is unfair for politicians to attempt to in?uence the enforcement of our laws, especially when they?or their close family members?stand to benefit. Even more importantly, such unethical efforts threaten the integrity of our immigration system and our national security. Consequently, we request that the Select Committee on Ethics investigate this matter and ask Senator Reid to disclose all con?icts of interests he, or his son, might have had in the approval of EB-S visa petitions for the SL8 Hotel Casino. Senator Reid?s full and honest disclosure will help to maintain public faith in the integrity of our political and legal institutions, avoid suspicion of the politicization of the Executive branch, and dispel any appearance of impropriety amongst members of the Senate. . Epstein Executive Director cc: Hon. Harry Reid, US. Senate Hon. Alejandro Mayorkas, Director, US. Citizenship Immigration Services '4 Letter from Cause of Action to Hon. Darrell Issa, US. House of Representatives (Sept. 24, 2013), available at 3-9-24-Letter-to-Issa-w- Enclosurespdf; Letter from Cause of Action to Hon. Darrell Issa, US. House of Representatives (Dec. 9, 2013), available at 3 '5 Letter from Hon. Charles E. Grassley, US. Senate, to John Sandweg, Acting Director, US. Immigration Customs Enforcement (Dec. 12, 20l3) (ICE Memo included as Attachment 1), available at '5 See lssa Letters, supra note 14.