Blumenthal Questions DHS Secretary on NIL Rules for International Student Athletes, TikTok Security Concerns, & Resettling Ukrainian & Afghan Refugees

[WASHINGTON, D.C.] – In case you missed it, U.S. Senator Richard Blumenthal (D-CT), a member of the Senate Judiciary Committee, questioned Secretary of the Department of Homeland Security (DHS) Alejandro Mayorkas on efforts to allow international student athletes to benefit from Name, Image, and Likeness (NIL), combat TikTok’s security and privacy concerns, resettle Ukrainian and Afghan refugees, and other issues facing the Department.   

Name, Image, & Likeness for International Student Athletes 

As we approach the height of March Madness, Blumenthal questioned Secretary Mayorkas on current rules that prevent international student athletes from accessing the same NIL benefits offered to their American teammates. Specifically, Blumenthal discussed UConn basketball players Adama Sanogo and Aaliyah Edwards who, “are prevented by student visa rules from benefitting from financial opportunities and indeed their educational futures because of these rules.”

“Will you commit to publishing guidance or issuing rulemaking to ensure that Adama and Aaliyah and other international students on the Huskies and on other teams have a fair opportunity on their NIL rights for their entire college career?” Blumenthal asked.

“Senator, thank you for your letter on this subject which brought the issue to my attention,” Mayorkas responded, referencing last week’s letter from Blumenthal and U.S. Senator Chris Murphy. “We are indeed of looking at the issue very carefully. And I hope quickly. And we will move with deliberate speed…We'll move as quickly as we can, Senator.”

TikTok’s Security & Privacy Concerns 

Blumenthal questioned Mayorkas on the Department’s efforts to combat TikTok’s cybersecurity concerns, threats of foreign espionage, and destructive effects of driving toxic content to children.

“Do you have concerns about the safety of TikTok’s user data and the Independence of TikTok from the Chinese government?” Blumenthal asked.

“Senator, I certainly do. And I have tremendous concern with respect to many aspects of the PRC’s aggression with respect to the United States and other democracies around the world,” said Mayorkas. “Let me be clear that we're very concerned about the security implications of TikTok.”

Combatting the Flow of Fentanyl into the U.S.

Blumenthal questioned Mayorkas on Operation Blue Lotus, a new DHS initiative to target the smuggling of fentanyl into the United States. Within its first week, the operation seized over 900 pounds of fentanyl.

“Most of the fentanyl, more than 90% of the fentanyl that enters the United States is brought in through the ports of entry,” said Mayorkas. “We surged resources, including the extraordinary special agents of Homeland Security Investigations, to the ports of entry to enhance our interdiction capabilities, to enhance our investigative capabilities and bring a greater level of prosecutions to bear. We had, as the chairman noted, tremendous success within just the first week.”

Welcoming Ukrainian & Afghan Refugees 

Blumenthal questioned Mayorkas on efforts to resettle Ukrainian and Afghan refugees in the United States. Blumenthal praised the Department’s announcement it will give Ukrainians already in the U.S. a, “one-year parole, an extension to an estimated 25,000 Ukrainians and their immediate family members who have come here in the wake of the murderous assault by the Russians.”

Blumenthal citing his work in fighting for, “assurances that Ukrainian refugees coming here will be safe and welcome in our country,” and asked Mayorkas, “What kind of support and resources does DHS need to further process and expand the number of refugees who will be welcomed here?”

“The Uniting for Ukraine, a very innovative program that we implemented, is a tremendous source of pride for us and we are tremendously committed to continuing it,” said Mayorkas.

Mayorkas also told Blumenthal he would support the Afghan Adjustment Act, Blumenthal-led legislation that would allow Afghans with temporary status that undergo additional vetting to apply for permanent legal residency.

“Will you support the Afghan Adjustment Act, which I championed and a number of us on this committee supported?” Blumenthal asked.  

“Yes. And we very much appreciate your championing of it,” said Mayorkas.

Video of Blumenthal and Secretary Mayorkas’ exchange can be found here. A transcript is available below. 

U.S. Senator Richard Blumenthal: Thanks Mr. Secretary for your service and thank you for being here today. I want to begin with an issue involving an international students. In particular, I'm rooting for UConn in the Final Four. The men's team is powered by an incredibly talented and successful forward named Adama Sanogo who is not a citizen. And unfortunately like his teammates, he cannot benefit from his name, image, and likeness. He is a star. The rules have been revised. Two years ago the NCAA at the urging of myself and others allowed student threats to benefit from their name, image, and likeness. And international students like him and Aaliyah Edwards on our women's team, other athletes in other sports who are international students are prevented by student visa rules from benefitting from financial opportunities and indeed their educational futures because of these rules. I sent a letter to you calling on DHS to issue guidance and open rulemaking to enable some fairness and equity here, but the schools haven't received guidance from DHS about student visas and NIL. Will you commit to publishing guidance or issuing rulemaking to ensure that Adama and Aaliyah and other international students on the Huskies and on other teams have a fair opportunity on their NIL rights for their entire college career?

Mayorkas: Senator, thank you for your letter on this subject which brought the issue to my attention. I was not aware of it previously. We are indeed of looking at the issue very carefully. And I hope quickly. And we will move with deliberate speed, yes.

Blumenthal: Deliberate speed meaning perhaps very soon?

Mayorkas: Yes. We'll move as quickly as we can, senator.

Blumenthal: Thank you. I want to talk a little bit about TikTok and data security. I don't need to emphasize to you the concern that we have, not only about the destructive effects of driving toxic content to kids through the algorithms of TikTok and other social media but given DHS’s concern and focus on cybersecurity and threats of foreign espionage, do you have concerns about the safety of TikTok’s user data and the Independence of TikTok from the Chinese government?

Mayorkas: Senator, I certainly do. And I have tremendous concern with respect to many aspects of the PRC’s aggression with respect to the United States and other democracies around the world.

Blumenthal: Without going into details in this setting, are those concerns based on evidence that in fact there is Chinese surveillance through TikTok?

Mayorkas: Senator, I would refrain from answering that question directly in this setting and I should also note that there are legal proceedings pending with respect to TikTok and so I will respectfully refrain. But let me be clear that we're very concerned about the security implications of TikTok.

Blumenthal: You're a member of the CFIUS panel which has a responsibility. They have an ongoing proceeding which has been lagging for some years, I think at this point. Can you commit to that proceeding coming to a conclusion?

Mayorkas: Senator, there's litigation pending. We are very focused on the threat that TikTok presents and you have my assurance that we are addressing that with tremendous vigilance.

Blumenthal: I am not asking for details in this setting but simply not only the assurance that you will act promptly but it will be on the basis of evidence that you have right now. I think that evidence is there of the threat of Chinese surveillance. Am I correct?

Mayorkas: The disposition will be based on the evidence that we have and any additional evidence that we acquire.

Blumenthal: Recently, I joined a number of my colleagues in asking you about the proposals with regard to family detention. Can you update us as to what the administration's policy is? We expressed our concerns about reports that policy might be adopted in the near future.

Mayorkas: Senator, no decision has been made. We ended family detention in March of 2021. No decision has been made, and I seek to encourage a work environment where people can present their ideas. Many are left on the cutting room floor. Others become policy. Others spring new ideas. That's the type of environment that I seek to create.

Blumenthal: I take it from that answer that no decision has been made. No decision has been made, and the reports about your considering it don't imply that it will be adopted.

Mayorkas: That is correct.

Blumenthal: There have been various suggestions and I have joined in the idea that maybe it ought to be considered for drug cartels to be regarded as a foreign terrorist organization. Is there serious consideration to that idea being given?

Mayorkas: Senator, it is in the matter of province in the Department of State. It's a very complicated question because it has foreign relations implications. I certainly agree with both the Chairman, Ranking Member Graham with respect to the perniciousness, the viciousness of the cartels and it's precisely why we're attacking them with the full force of our law enforcement capabilities.

Blumenthal: Can you tell me about Operation Blue Lotus and what can be accomplished through that?

Mayorkas: Operation Blue Lotus, Senator, is a surge operation that we implemented to address the increased interdiction of fentanyl at the ports of entry. Most of the fentanyl, more than 90% of the fentanyl that enters the United States is brought in through the ports of entry. We surged resources, including the extraordinary special agents of Homeland Security Investigations to the ports of entry to enhance our interdiction capabilities, to enhance our investigative capabilities and bring a greater level of prosecutions to bear. We had, as the chairman noted, tremendous success within just the first week of Operation Blue Lotus. I received the latest update last night with respect to some of the seizures of fentanyl that we were able to accomplish as part of that operation.

Blumenthal: Will it be expanded?

Mayorkas: It is my hope we will have additional funding to expand it and we'll certainly continue with that operation.

Blumenthal: I was very pleased to see that the Department has recently announced it would give a one-year parole, an extension to an estimated 25,000 Ukrainians and their immediate family members who have come here in the wake of the murderous assault by the Russians, crime against humanity, as the president's correctly called it. This extension, in my view, is one step. As you know I advocated for our country to provide not only strong military and humanitarian support to Ukraine but also the assurances that Ukrainian refugees coming here will be safe and welcome in our country. What kind of support and resources does DHS need to further process and expand the number of refugees who will be welcomed here?

Mayorkas: Senator, thank you very much. The Uniting for Ukraine, a very innovative program that we implemented, is a tremendous source of pride for us and we are tremendously committed to continuing it. U.S. Citizenship and Immigration Services is under tremendous financial strain, and we are seeking additional funding for that agency. In addition, we have a notice of proposed rulemaking to readjust its cost schedule to make sure that the fees charged are calibrated according to the costs incurred in administering the benefits provided. So we are trying to get that agency on firm, stable footing, because it was on the brink of bankruptcy in the prior administration.

Blumenthal: Will you support the Afghan Adjustment Act, which I championed and a number of us on this committee supported?

Mayorkas: Yes. And we very much appreciate your championing of it.

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