THE WHITE HOUSE WASHINGTON April 24, 2019 The Honorable Elijah E. Cummings Chairman Committee on Oversight and Reform House of Representatives Washington, D.C. 20515 Dear Chairman Cummings: Thank you for your letter of April 17, 2019, inviting Stephen Miller, Assistant to the President and Senior Advisor to the President for Policy, to testify about the President's immigration priorities. This Administration is focused on effectively addressing the emergency at our southern border and is also eager to work with Congress to address the numerous immigration and border security challenges confronting our nation. In accordance with long-standing precedent, we respectfully decline the invitation to make Mr. Miller available for testimony before the Committee. The precedent for members of the Wbite House staff to decline invitations to testify before congressional committees has been consistently adhered to by administrations of both political parties, and is based on clearly established constitutional doctrines. See Immunity ofthe Assistant to the President and Director ofthe Office ofPolitical Strategy and Outreachfrom Congressional Subpoena, 3 8 O.L.C. Op. 1, 1 (2014) ("The Executive Branch's longstanding position, reaffitmed by numerous Administrations of both political parties, is that the President's immediate advisers are absolutely immune from congressional testimonial process."); see also Letter from Robert F. Bauer, Counsel to the President, to Darrell E. Issa, Chairman, Committee on Oversight and Government Reform (June 16, 2011) ("Wbite House staff generally do not testify before Congress."); Letter from Lloyd N. Cutler, Counsel to the President, to Samuel S. Stratton, Chairman, Subcommittee on Investigations of the Committee on Armed Services (Sept. 30, 1980) ("Congress has always respected the privilege of the President to decline requests that the President himself or his immediate Wbite House advisors appear to testify before Congressional committees."). We are pleased that the Committee is interested in obtaining information regarding border security and much needed improvements to our immigration system. In light of the Committee's interest, we welcome the opportunity to discuss the Administration's immigration policy priorities and note that many Executive Branch officials, including cabinet secretaries and other agency leaders, have testified on multiple occasions regarding the Administration's efforts to secure the border. Testimony by such Executive Branch officials with responsibilities defined by statute would be a reasonable accommodation to the Committee's questions and legislative goals. If our Chairman Cunnnings Page2 office can be of fmther help to the Committee with respect to this imp01iant policy issue please let us know. A. Cipollone Counsel to the Preside cc: The Honorable Jim Jordan, Ranking Member