Declaration of Jay Visconti — East Bay Sanctuary v. Barr

Record facts

U.S. District Court for the Northern District of California · No. 4:19-cv-04073-JST · Doc. 111 · 2020-10-23 · Docket on CourtListener

Full text

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UNITED STATES DISTRICT COURT  
FOR THE NORTHERN DISTRICT OF CALIFORNIA 
 
 
) 
East Bay Sanctuary Covenant, et al., 
) 
) 
 
Plaintiffs, 
 
) 
) 
v. 
) 
Civil Action No. 4:19-cv-04073-JST 
) 
Donald J. Trump, President of the United    ) 
States, et al., 
) 
 
) 
 
Defendants. 
 
) 
 
) 
 
 
DECLARATION OF JAY VISCONTI 
 
I, Jay Visconti, pursuant to 28 U.S.C. § 1746, and based upon my personal knowledge 
and information made known to me from official records and reasonably relied upon in the 
course of my employment, hereby declare as follows: 
1. I am the Director (Associate Chief) for the CBP STAT Division within 
Operations Support, U.S. Customs and Border Protection (CBP), Department of Homeland 
Security, where I manage CBP STAT’s creation and delivery of high-level analysis and reporting 
into CBP’s immigration and seizure data.   
2. 
I have formally served as the Director of the CBP STAT Division since August 
2019.  Previously, I served as a Senior Advisor to the Chief Operating Officer and Senior 
Official Performing the Functions and Duties of the Commissioner.  In that role, I performed 
similar functions to those I am performing now with respect to providing reports and high-level 
analysis. Prior to serving in that position, I was the Assistant Chief over U.S. Border Patrol’s 
(USBP) Statistics and Data Integrity (SDI) Branch, where I provided day-to-day statistics and 
analysis to USBP senior leadership and worked to ensure data quality within the USBP data.  
Case 4:19-cv-04073-JST   Document 111   Filed 10/23/20   Page 1 of 3

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Prior to serving as the Assistant Chief over the USBP SDI Branch, I was an Operations Officer 
and played a key role in the development of the Border Patrol’s e3 electronic system of records.  
I have been a U.S. Border Patrol agent since January 2, 1996. 
3. 
CBP STAT provides CBP senior leadership with aggregate statistics related to 
alien apprehensions, inadmissible aliens, drug seizures, use of force and assault data, in the form 
of both recurring and ad hoc reports. In my role as the Director of CBP STAT, I am able to run 
reports of, and retrieve data from, CBP’s electronic systems of records, including Border Patrol’s 
e3 system and OFO’s SIGMA and Unified Secondary (USEC) systems.  Many of these reports 
combine data from the e3 system and the SIGMA or USEC systems.  In Fiscal Year 2020 (Oct 
2019 – Sept 2020), CBP STAT performed over 4,090 recurring reports (representing a 121% 
increase compared to the same time last year) and almost 1,400 ad hoc reports (representing a 
83% increase compared to the same time last year). I have general familiarity with SIGMA and 
USEC and their capabilities, and particular familiarity with e3 and its capabilities. I understand 
that on October 16, 2020, petitioners from another litigation, D.A.M. v. Barr, 20-1321 (D.D.C. 
July 9, 2020), sought to intervene in this case and sought a motion for temporary restraining 
order and motion for preliminary injunction.  I am providing this declaration in support of 
Defendants’ opposition to these motions.  
4. 
CBP completes a Form I-213, Record of Deportable/Inadmissible Alien, for each 
alien who is encountered by a Border Patrol agent or CBP officer and is determined to be 
inadmissible or deportable.  On October 23, 2020, CBP STAT was provided a list of all 
intervenors, including their full names and A#s and completed this data pull based on that 
information, which returned the attached results. However, in effort to ensure that the 
individual’s identity was protected I have assigned each a pseudonym, rather than including the 
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full name and A# for a public document.  The data shows (1) the date and time of the alien’s 
apprehension, (2) the date of time of the alien’s entry, and (3) the longitude and latitude of the 
alien’s arrest, as recorded in the alien’s Form I-213. A true and accurate copy of that data is 
attached as Exhibit 1. 
5. 
Based on my review of the data in our systems of record all intervenors were 
apprehended within 6 hours of illegal entry, ranging from 2 minutes to 6 hours after crossing.  
Moreover, given my long history as a Border Patrol Agent and with CBP, my experience is that 
individuals who are apprehended so quickly after entering are apprehended in close proximity of 
the border.  My general review of the arrest longitude and latitude data in Exhibit 1 is in keeping 
with that experience.  
 
 
I declare, under penalty of perjury, that the foregoing is true and correct to the best of my 
knowledge, information, and belief. 
 
Executed this 23rd  day of October, 2020. 
 
 
 
 
 
 
 
____________________________________ 
 
 
 
 
 
 
 
Jay Visconti 
 
 
 
 
 
 
 
Director (Associate Chief) 
CBP STAT Division 
Operations Support 
 
 
 
 
 
 
 
U.S. Customs and Border Protection 
Case 4:19-cv-04073-JST   Document 111   Filed 10/23/20   Page 3 of 3
JAY VISCONTI
Digitally signed by JAY VISCONTI 
Date: 2020.10.23 15:02:36 -04'00'

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