House Republicans call for impeachment of Homeland Secretary Mayorkas ahead of State of the Union

House Republicans echoed calls for the impeachment of Secretary of Homeland Security Alejandro Mayorkas on Tuesday ahead of President Biden's State of the Union address. 

Lawmakers spoke to Fox News Digital on a possible Mayorkas impeachment ahead of Biden's speech, during which they said he must pledge to work with his administration to secure the border and protect Americans.

"Unfortunately Secretary Mayorkas has shown a complete disregard for the laws that are in place right now," said Rep. Matt Rosendale, R-Mont., who says he supports the resolution to remove Mayorkas from office.

Rep. Claudia Tenney, a cosponsor of the bill to impeach the secretary, says her district sees the effects of the open border in upstate New York. Tenney sent a letter to the Biden administration demanding transparency on their handling of the border.

"My perspective right now is we're going to do some significant oversight. And when we're done, if the information that we gather shows that he's worthy of being impeached, we'll pass that off to [House Judiciary Chairman] Jim Jordan," said Homeland Security Chairman Mark Green. 

LIVE UPDATES: STATE OF THE UNION ADDRESS 2023

Rep. Andy Biggs introduced a new resolution to impeach Secretary Mayorkas last week that 28 House lawmakers have signed on to so far. Biggs was the first House Republican to introduce articles of impeachment against Mayorkas in August 2021. 

Secretary Mayorkas' policies have "incentivized more than 5 million illegal aliens to show up at our southern border—an all-time figure. Instead of enforcing the laws on the books and deporting or detaining these illegal aliens, the vast majority of them are released into the interior and never heard from again," Biggs said in a statement last week. 

Mayorkas is "implicit in all the human trafficking, sex trafficking and drug trafficking that is going on in the United States," said Rep. Debbie Lesko, R-Ariz., a cosponsor of Biggs' latest bill to impeach the secretary. 

DHS SECRETARY MAYORKAS HIT WITH NEW IMPEACHMENT ARTICLE OVER 'RECKLESS ABANDONMENT' OF BORDER SECURITY

Homeland Security Committee member Rep. August Pfluger says he plans to explore the matter further with his committee. 

Illinois Rep. Mike Bost said he sees better alternatives than impeachment to hold the administration accountable for the border crisis, but would vote in favor of impeachment if the vote came to the floor. 

The White House has said Biden is expected to explain in his address a strategy to "reassert America’s leadership around the world," as his administration grapples with the fallout from the spy balloon.

The president's remarks will be followed by a speech from newly-elected GOP Arkansas Gov. Sarah Huckabee Sanders who will deliver the Republican response.

Majority Whip Emmer blasts Biden’s response to the Chinese spy flight as ‘ludicrous’ ahead of State of Union

FIRST ON FOX: House Majority Whip Tom Emmer, R-Minn., blasted President Biden’s response to the Chinese spy flight, saying he doesn’t believe the president’s response was swift enough.

Emmer spoke with Fox News Digital on Tuesday afternoon ahead of the president’s State of the Union address, where he laughed out loud at the question regarding Biden’s speed of response to the spy balloon that traveled over the continental U.S.

"Ha!" Emmer said in response to a question on whether Biden's response was quick enough to satisfy Congress. "Absolutely not."

STATE OF THE UNION 2023: SCHUMER RIPS GOP AGENDA AHEAD OF BIDEN ADDRESS

"And now, to the president’s defense, apparently the defense industry that is part of our government, the people that are charged with the responsibility for protecting the homeland and Americans’ safety, they didn’t bother to tell anybody about it," Emmer said.

"It was somebody in Montana that saw it and brought it to light," the House majority whip continued. "Otherwise, you and I, the president may never have known that this thing existed."

Emmer said Biden "should’ve taken action immediately" after learning about the balloon last Wednesday and that "this argument that they didn’t know what to do, or that he gave authority to somebody, and they waited until it completed its mission across the United States, is ludicrous."

"It’s inexcusable, and actually the American people should hold them accountable for that," Emmer said.

"This should never be allowed to happen again. There should immediately be an investigation as to why the leaders of our military did not immediately advise the commander-in-chief when that spy balloon was over the Pacific. Why didn’t they advise him so that they could’ve taken action there? Better yet, if they weren’t going to tell the president, why didn’t they take action while it was over the Pacific?"

"The fact that it took them several days afterward, and literally allowed the Chinese to complete their mission, is pathetic, inexcusable, and it should’ve been dealt with immediately," Emmer said.

Emmer also said, while he wouldn’t "speculate" as to whether first son Hunter Biden’s business dealings with China influenced the administration’s decision to take down the balloon, he has "confidence" in Republican committee leaders "to do their job" and "make sure we get to the bottom of this."

Emmer also said that he’d love to hear Biden "address energy independence," the "open" southern border crisis, and addressing crime in major cities in his Tuesday night speech.

"I’d love to hear him address the southern border and how we’re going to make sure that this, literally, the open border that his administration has created over the last two years, how they’re going to reverse course and solidify the southern border and protect Americans across the country from the fentanyl crisis that we’re dealing with," Emmer said.

US INTEL ASSESSES CHINESE SPY BALLOONS TRANSITED US SEVERAL TIMES, WENT 'UNDETECTED': SENIOR ADMIN OFFICIAL

"I think those would be just three quick ones that he could reach across the aisle and say, ‘I’m ready to get to work with the new Republican majority to help Americans in their daily lives," he continued.

Emmer said that GOP Reps. Pat Fallon of Texas and Andy Biggs of Arizona were in their rights as lawmakers to introduce the two impeachment resolutions against Department of Homeland Security Secretary Alejandro Mayorkas.

"But I think the committees now are going to do their work. It’s about raising this issue for the American people," Emmer said. "Because, quite frankly, the left-wing media hasn’t seen fit to report it."

Emmer torched Biden for his "choreographed" border trip to El Paso, Texas, and said that he believes "the more this issue is brought to light for the American people to see and understand that this is a crisis on our southern border, it is a crisis created by this administration, and it’s one that can quickly be remedied by this administration by returning to enforce the laws that were in place and were being enforced before they took office."

"Whether or not that creates grounds for the articles that have been filed, we’ll have to see, but I think it’s really important this case get tried in the court of public opinion," Emmer said.

"I think Americans that are directly impacted by the open southern border, with up to 300 Americans dying of fentanyl overdoses every day, I think that’s really where that trial is going to take place," he added.

Fox News Politics: Eyes on Biden

NEVER MISS A MOMENT — Check out the latest news from the State of the Union speech, reaction and commentary on Fox News SOTU live blog.

EYES ON BIDEN: The president delivers his second State of the Union address to Congress Tuesday night as his approval ratings are still well underwater and the southern border has been flooded with migrants, but after positive economic news and a midterm cycle where Democrats defied expectations. What do Americans want to hear most from the president? Read more from Fox News Digital Originals: State of the Union has Americans demanding answers from President Biden on top concerns

WAIT OF THE UNION: The 2023 State of the Union speech comes as the 2024 presidential cycle is starting to get underway. Biden has said numerous times that he intends to run for re-election, and he's started laying the groundwork for a campaign. How soon will he announce? Read more from Fox News' Paul Steinhauser: Biden's 2024 re-election announcement could come after his State of the Union speech. But how soon?

I SPY WITH MY BIG BALLOON: After spending days hovering over the U.S. and lingering over key military sites, a Chinese spy balloon was shot down off the coast of South Carolina. Democrats praised Biden for his caution, but critics wondered why it took so long to bring it down. Biden officials claimed that during former President Trump's time in office, other Chinese surveillance vessels entered U.S. airspace. 

FLASHBACK: Biden mentioned China only three times in his State of the Union speech last year… Read more from Fox News' Jessica Chasmar: Biden only mentioned China 3 times in 2022 State of the Union address

WITH FRIENDS LIKE THESE: A high-profile former lawyer who donated big money to Democrats and hosted a fundraiser for President Biden was indicted by federal grand juries in two states for allegedly embezzling more than $18 million from legal clients. Read more from Fox News' By Aaron Kliegman: Major Democrat donor tied to Biden indicted for allegedly embezzling millions from suffering clients

ON NOTICE: The new House Select Subcommittee on the Weaponization of the Federal Government will hold its first hearing Thursday to hear from lawmakers, FBI officials and legal experts on how the Justice Department has allegedly attacked American civil liberties. Read more from Fox News' Brooke Singman: Weaponization of government panel to hold first hearing on DOJ's alleged attack on American civil liberties

BORDER WARS: House Democrats opened Tuesday's hearings on the border crisis with a tweet accusing Republicans of using the forum to "amplify white nationalist conspiracy theories." Read more from Fox News' Adam Shaw: GOP reps spar with Oversight Dems at border hearing over 'white nationalist' claim

ROAD TO IMPEACHMENT? The House Oversight Committee brought in border patrol agents last Tuesday "to better learn how [DHS Secretary Alejandro] Mayorkas has left them behind." Read more from Fox News' Ronn Blitzer: Patrol agents to testify at border crisis hearing, as House Republicans push to impeach DHS Sec Mayorkas

BORDER IN CRISIS: Last week, the House Judiciary Committee held hearings about the border crisis, particularly the huge amounts of fentanyl being smuggled across the border. Read more from Fox News' Ronn Blitzer: House GOP tackles 'Biden Border Crisis' in hearing to focus on security, fentanyl

OMAR OUSTED: After the House voted to remove Democrat Rep. Ilhan Omar, D-Minn., progressive members of the "Squad" accused the GOP of racism and sexism, setting off strong reactions from Republicans: Read more from Lawrence Richard: Reps. AOC, Marjorie Taylor Greene tiff over Twitter after Omar vote: 'Be an adult and actually debate me'

SHOT DOWN: Twitter locked Montana Republican Sen. Steve Daines out of his account Monday night over his profile picture, which showed him and his wife on a hunting trip. The image showed the antelope Cindy Daines had shot. Read more from Fox News' Aubrie Spady: Sen. Daines responds after Twitter suspends his account for hunting photo: 'My wife is a great shot'

‘BIG ANNOUNCEMENT:’ Former Ambassador Nikki Haley teased a big announcement Feb. 15, and Fox News Digital confirmed it will have to do with her plans for 2024. Read more from Fox News' Paul Steinhauser: South Carolina's Nikki Haley to launch 2024 presidential campaign, joining Trump in nomination hunt

ADS FOR IOWA: Sen. Tim Scott of South Carolina is embarking on what’s being described as a "Faith in America" listening tour amid increased speculation that the rising star in the GOP is moving towards launching a 2024 presidential campaign. Read more from Fox News' Paul Steinhauser: Sen. Tim Scott kicking off ‘Faith in America’ listening tour, including ads in key 2024 primary state

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Comer takes aim at Biden ‘propaganda’ on border crisis; WH tells GOP to ‘look in the mirror’

Oversight Committee Chairman James Comer took aim Tuesday at what he said was "propaganda" from the Biden administration over its claim that it is working to secure the border, while the White House shot back on who is to blame for the crisis -- telling Republicans to "look in the mirror."

"Administration officials continue to say they are creating a ‘safe and orderly, humane’ immigration system. But reality contradicts this propaganda," Comer said.

Comer made his remarks at a committee hearing on the crisis at the southern border, which has seen record numbers of migrant encounters since Biden took office -- with more than 2.3 million encounters in FY 22 alone, and more than 251,000 encounters in December.

Republicans have sought to blame the Biden administration’s quick reversal of Trump-era policies for the crisis. The administration, meanwhile, has said it is working to open up asylum avenues that were shut during the Trump administration -- and has been ramping up calls for Republicans to back an immigration reform bill introduced on Day One, and also to accede to border funding requests. Republicans have rejected that bill in part due to its inclusion of a pathway to citizenship for millions of illegal immigrants already in the U.S.

GOP REPS SPAR WITH OVERSIGHT DEMS AT BORDER HEARING OVER ‘WHITE NATIONALIST' CLAIM

On Tuesday, the White House attempted to increase that pressure on Republicans, and pointed to initial signs that border measures introduced in January had been followed by a decrease in encounters at the border. 

"It is clear that House Republicans are more interested in staging political stunts than on rolling up their sleeves to work with President Biden and Democrats in Congress on legislation to strengthen border security and fix our immigration system that has needed repair for decades," White House Oversight Spokesperson Ian Sams said in a memo.

Sams said Republicans "need to look in the mirror" and accused Republicans of blocking border security funding and failing to oppose a lawsuit by 20 Republican states targeting the new border measures introduced in January.

BIDEN ADMIN KEEPS PUSHING SWEEPING IMMIGRATION BILL, INCLUDING AMNESTY, TWO YEARS INTO MIGRANT CRISIS

"President Biden continues to focus on addressing the issues that impact Americans’ lives, including strengthening border security, enacting a safer and more orderly migration system, and pushing to pass comprehensive immigration reform that finally, after decades, repairs our immigration system," he said. "House Republicans should join the President in pursuing real solutions, not political stunts – and they should answer for their opposition to funding for border security and their refusal to stand up to Republican officials trying to create more unlawful border crossings."

But in the hearing, Comer pushed back, putting the blame squarely on the administration. He pointed to the more than 300,000 "gotaways" believed to have escaped Border Patrol agents so far this fiscal year and the thousands encountered by agents every day.

DHS SECRETARY MAYORKAS HIT WITH NEW IMPEACHMENT PUSH OVER ‘RECKLESS ABANDONMENT’ OF BORDER SECURITY 

"President Biden and his administration have created the worst border crisis in American history," he said, before later adding: "Starting on his first day in office, President Biden signal to the world our borders were open, opened to criminals, human traffickers and drug traffickers."

After pointing to the rollback of Trump-era interior immigration enforcement and the end to policies such as border wall construction and the Migrant Protection Protocols, Comer rejected the idea that the Biden administration’s plans were working.

"Conditions at the border are dangerous, chaotic and inhumane. Fiscal year 2022 set records for the number of arrests of illegal border crossers, the number of migrants who died making the journey, the number of dangerous narcotics seized, and even the number of suspected terrorists arrested trying to illegally cross the southern border," he said. 

"And given over half a million people have evaded apprehension entirely, the national security risks are extremely high. This administration must do more to protect our southern border. They must do more to protect the American people."

GOP reps spar with Oversight Dems at border hearing over ‘white nationalist’ claim

Republicans on the House Oversight Committee took aim at a tweet put out by their Democratic counterparts which accused them of fueling "white nationalist conspiracy theories" with a hearing on security at the southern border.

Chairman James Comer highlighted the tweet at the opening of the hearing, which features Border Patrol agents and is on "the front lines of the border crisis."

Oversight Committee Democrats had tweeted a "good morning and good luck" to everyone except Republican members "who are using today's hearing to amplify white nationalist conspiracy theories instead of a comprehensive solution to protect our borders and strengthen our immigration system."

Comer called the tweet "disturbing" and warned that the tweet violates House rules.

DHS SECRETARY MAYORKAS HIT WITH NEW IMPEACHMENT PUSH OVER ‘RECKLESS ABANDONMENT’ OF BORDER SECURITY 

"While vigorous disagreement is part of the legislative process. Members are reminded that we must adhere to established standards of decorum and debate," he said.

"It's a violation of House rules and the rules of this committee to engage in personalities regarding other members or to question the motives of a colleague. So remarks of the type that we just saw in the tweet are not permitted by the rules and are not in keeping with the best traditions of our committee," he said.

Rep. Byron Donalds, R-Fla., then weighed in with his opposition to the tweet in question.

BIDEN ADMIN KEEPS PUSHING SWEEPING IMMIGRATION BILL, INCLUDING AMNESTY, TWO YEARS INTO MIGRANT CRISIS

"My colleagues on the other side of the aisle who want to state that we're using this hearing for white nationalism," he said. "I'm not doing that." 

HIGH SPEED PURSUIT OF 12-YEAR-OLD, 15-YEAR-OLD MIGRANT SMUGGLERS ENDS IN SHOCKING CAR CRASH 

He continued: "So if you feel that strongly come to this side of the room and let's talk about it face to face, only that kind of silly stuff for somebody else. Don't bring that here today. This stuff is serious."

The hearing on the crisis at the border, which saw more than 2.3 million migrant encounters in FY 2022 and more than 251,000 in December alone, features two Border Patrol Chief Patrol Agents.

Chief Patrol Agent John Modlin leads the agency in the Tucson Sector, while Chief Patrol Agent Gloria Chavez runs the agency in Rio Grande Valley.

It is one of a number of hearings held or being planned by Republicans in the House. Republicans have sought to pin the blame for the crisis on the policies of the Biden administration. Democrats and the White House have accused Republicans of blocking an immigration reform plan that they say would overhaul a "broken" system. Republicans balked at the plan due to the inclusion of a mass amnesty for millions of illegal immigrants already in the country.

Border Patrol Chiefs To Testify Before House Committee After First Being Blocked By Mayorkas

By Bethany Blankley (The Center Square)

U.S. Border Patrol chiefs will testify before the House Committee on Oversight and Accountability on Tuesday after they were first blocked by Department of Homeland Security Secretary Alejandro Mayorkas from doing so.

Last month, Committee Chairman Rep. James Comer, R-Kentucky, sent a letter to Mayorkas stating the committee would be investigating the “Biden Administration’s creation of and failure to resolve the worst border crisis in American history. … The American people deserve answers about [DHS’] role in undermining Customs and Border Protection agents’ efforts to secure the southern border.”

Four Border Patrol agents overseeing southern border sectors were called to testify: Chiefs Jason Owens, Gregory Bovino, Gloria Chavez, and Acting Chief Patricia McGurk-Daniel. Initially, two were cleared to testify by Mayorkas and two weren’t.

Comer then threatened to use the “compulsory process” to require them to testify. By Jan. 31, Mayorkas agreed to all four testifying and Comer sent another letter to him saying, “The Department of Homeland Security (DHS) initially sought to prevent Congress from hearing invaluable testimony from Chief Patrol Agents, believing that DHS’s internal protocols superseded Congressional oversight prerogatives. I am pleased that the DHS is no longer taking such a position, and will make available as witnesses” all four agents.

Comer last week told reporters at the National Press Club that the committee requested they testify about “the worst offenses with respect to illegal border crossings are occurring, just to come before the committee. … We need to hear from people on the front lines” to ask their advice and how Congress can help them do their jobs.

Comer’s initial Jan. 19 letter to Mayorkas requested documents and copies of internal communications from DHS including data on border crossers released by DHS into the U.S. and DHS’ plan to terminate the Migrant Protection Protocols (MPP), otherwise known as “Remain in Mexico,” over which Texas sued. A federal court halted the administration’s plan to terminate it although Texas maintains the administration isn’t following the court order.

The letter also requires Mayorkas to provide information about “the effect of historic numbers of illegal border crossings on retention rates, staffing, recruitment and morale among” Border Patrol agents. The National Border Patrol Council, the union representing them, has argued that under this administration more agents are retiring and recruitment and morale is at an all-time historic low.

Comer also requested all documents and information about an ICE memorandum Mayorkas issued in September 2021, which drastically altered enforcement policies. Texas and Louisiana sued to stop it, supported by 19 states that filed a brief with the Supreme Court.

“President [Joe] Biden’s radical open borders agenda has ignited the worst border crisis in American history,” Comer said in a statement last month when he announced the hearing. “The Biden Administration’s deliberate actions are fueling human smuggling, stimulating drug cartel operations, enabling deadly drugs such as fentanyl to flow into American communities, and encouraging illegal immigrants to flout U.S. immigration laws. … Republicans will hold the Biden Administration accountable for this ongoing humanitarian, national security, and public health crisis that has turned every town into a border town.”

In early January, Biden said on his first day in office he sent to Congress a comprehensive immigration reform bill that would extend amnesty to a wide range of people illegally in the U.S. He also announced DHS’ new mobile app that allows foreign nationals to file asylum claims remotely from anywhere in the world as well as expanding the parole process and creating a new visa process. Multiple states also sued over the parole and visas policies, which they argue are illegal.

The hearing comes after Border Patrol Chief Raul Ortiz testified in a case brought by Florida that Biden policies led to increased illegal crossings and one of his emails revealed the administration’s plan to release people en masse into the U.S. once Title 42 was lifted.

Since Biden’s been in office, over 5 million people from over 150 countries have illegally entered the U.S. while Mayorkas has consistently maintained the southern border is closed. A record 3.3 million people were apprehended or reported evading capture by law enforcement in fiscal 2022, according to Border Patrol data obtained by The Center Square, including nearly 1.8 million in Texas alone.

Several House Republicans have called for Mayorkas’ impeachment; two Republicans from Texas and Arizona each filed separate articles of impeachment. Mayorkas says he isn’t resigning and has blamed the previous administration for the problems he says he’s inherited.

The NBPC disagrees, tweeting on Monday: “Two years ago we ceased to have any semblance of a functioning border. It’s just an out-of-control free-for-all … a disaster zone of massive human misery, death and lawlessness. How much longer can this country continue to absorb millions of illegal aliens?

“Everyday thousands more illegal aliens enter our country by crashing our border between ports of entry. Has Biden thought about how many millions he’s going to shuttle in? Is he even aware enough to realize that many of these people can’t be ID’d and no way to check records?”

Syndicated with permission from The Center Square.

The post Border Patrol Chiefs To Testify Before House Committee After First Being Blocked By Mayorkas appeared first on The Political Insider.

Mary Miller to skip Biden’s State of the Union

Rep. Mary Miller (R-Ill.) said she will skip President Biden's State of the Union on Tuesday, saying she does not want to "show up to and listen to him continue to lie."

In a statement released Monday by her office, Miller said she is boycotting the president’s speech over his failure to properly address recent issues including the national security risk posed by the Chinese balloon and the discovery of classified documents in his home and office.

"Joe Biden’s presidency has been filled with lie after lie, especially lies about the border being secure, inflation being temporary, and the DOJ targeting parents for attending school board meetings," she said. "I will not be attending Biden’s State of the Union to listen to him lie about the damage he has caused to our country while the left-wing media and members of Congress applaud his lies.”

Miller also lamented former Speaker Nancy Pelosi ripping up President Trump's third State of the Union address in 2020, "which celebrated a secure border, support for our military, and American energy independence."

In an interview with Breitbart News over the weekend, Miller also accused Biden of lying about the southern border being secure and the impact of his policies on energy prices.

“I mean, I could go on and on with his lies,” she added.

Even though she won’t attend, she’s invited a guest.

In the statement released by her office, Miller announced that should will be bringing Retired Illinois Air Force Colonel (Ret.) Mark A. Hurley as her guest, who left the military over Biden’s COVID-19 vaccine.

“Biden used the COVID vaccine mandate as a political purge to force the best and the brightest out of our military, and Biden has still failed to provide accountability for his disastrous withdrawal from Afghanistan more than two years ago,” Miller said.

Hurley called the invite an “honor” and praised Miller and House Speaker Kevin McCarthy for their efforts to end the COVID military vaccine requirement.

“These legislative leaders continued the battle we did not have time to complete through our normal chain of command,” Hurley said. “We are truly grateful for the thousands of military careers they have saved.”

Miller will likely not be alone in her decision, as many lawmakers in the past have also skipped a president's State of the Union to project partisan disgust.

In 1999, several GOP lawmakers boycotted then-President Clinton's address while the Senate was still conducting an impeachment trial over his affair with a White House intern. More recently, during former President Trump’s time in office, several Democratic lawmakers chose to boycott his State of the Union addresses, as well as his inauguration.

Updated at 6:09 p.m.

Patrol agents to testify at border crisis hearing, as House Republicans push to impeach DHS Sec Mayorkas

The House Oversight Committee will hold a hearing on Tuesday to learn about the situation on the ground at the southern border, directly from chief patrol agents who deal with the crisis every day.

The hearing comes as Republicans, who control the committee, are ramping up pressure on Homeland Security Secretary Alejandro Mayorkas – with some calling for his impeachment.

"We’ll be bringing in Chief Patrol Agents to better learn how Mayorkas has left them behind," committee member Rep. Andy Biggs, R-Ariz., tweeted Monday morning, adding that the secretary "must be impeached."

Biggs announced last week that he was introducing an article of impeachment against Mayorkas, claiming that the secretary's refusal to complete the construction of a border wall as well as insufficient staffing have contributed to massive amounts of fentanyl flowing into the United States.

DHS SECRETARY MAYORKAS HIT WITH NEW IMPEACHMENT ARTICLE OVER ‘RECKLESS ABANDONMENT’ OF BORDER SECURITY

Testifying at Tuesday's hearing will be Chief Patrol Agents Gloria Chavez and John Modlin of the Rio Grande Valley Sector and Tuscon Sector, respectively. Originally, the committee had called Chavez and Chief Patrol Agents Jason Owens, Gregory Bovino, and Patricia McGurk-Daniel, but DHS initially tried to keep chief patrol agents from testifying.

"I am pleased that the DHS is no longer taking such a position," Oversight Committee Chairman Rep. James Comer, R-Ky., said in a letter to Mayorkas last week.

BORDER PATROL UNIONS SAYS AGENTS COULD BACK MAYORKAS IMPEACHMENT AS CRISIS RAGES

The hearing comes as migrants continue to come to the border in staggering numbers. According to statistics from U.S. Customs and Border Patrol, December 2022 saw 251,487 southwest land border encounters, up from 179,253 in December 2021, 73,994 in December 2020, and 40,565 in December 2019.

So far, Mayorkas has resisted calls for him to step down or be impeached, telling ABC News last month, "I've got a lot of work to do, and we're going to do it."

DHS Secretary Mayorkas has violated oath of office, must be impeached, Heritage Foundation argues

EXCLUSIVE: Secretary of Homeland Security Alejandro Mayorkas has violated his oath of office and must be impeached, according to a new report first seen by Fox News Digital.

The Heritage Foundation, a prominent conservative think tank based in Washington, D.C., released the blistering assessment of Mayorkas' tenure as Republican lawmakers introduce articles of impeachment for him and investigate his handling of the nation's borders.

According to the report's authors — Lora Ries, Steven Bradbury and Hans von Spakovsky — such actions from Congress are exactly what should happen.

"By his policy decisions and misconduct as secretary of homeland security, [Mayorkas] has violated his oath of office, abused the powers of his office, and betrayed the trust of the American people," the report states. "As a direct result of his actions, the U.S. has become gripped by an unprecedented border, national security, and illegal immigration catastrophe."

DHS SECRETARY MAYORKAS HIT WITH NEW IMPEACHMENT ARTICLE OVER 'RECKLESS ABANDONMENT' OF BORDER SECURITY

"For these violations, abuses, depredations, and betrayals," the paper continues, "Secretary Mayorkas deserves to be impeached, removed from office, and disqualified from holding any further office of honor, trust, or profit under the United States."

It has been more than a century since a cabinet secretary has been impeached. However, Heritage argues that precedent should be broken because Mayorkas is, they claim:

"I don't think we've ever had until now a cabinet official in charge of a major department come in and say I can waive requirements of the law and actually direct my personnel to violate laws they're supposed to be enforcing," von Spakovsky told Fox News Digital. "Mayorkas is responsible for some of the most outrageous conduct we've ever seen by a cabinet official. That kind of behavior warrants impeachment."

OUR COUNTRY 'CANNOT GO ANOTHER TWO YEARS' WITH SECRETARY MAYORKAS IN CHARGE OF THE BORDER: REP. BIGGS

The report shines a spotlight on the ongoing crisis at the nation's southern border. Since Mayorkas took the helm at the Department of Homeland Security (DHS), there has been a sharp rise in the number of people who have crossed the southern border illegally. The figure reached a record 2.38 million illegal crossings encountered by U.S. authorities in fiscal year 2022 (which ended Sept. 30) and a record 251,487 just in December, the latest month for which data's available, according to U.S. Customs and Border Protection. There has been over 200,000 such migrant encounters for 10 months straight.

"Mayorkas doesn't think anyone should be denied entry," said von Spakovsky. "He believes his job is to bring as many aliens into the country as he can, no matter what federal immigration law requires him to do."

In May, Fox News host Bret Baier asked Mayorkas in an interview whether it was "the objective of the Biden administration to reduce, sharply reduce the total number of illegal immigrants coming across the southern border."

Mayorkas responded, "It is the objective of the Biden administration to make sure that we have safe, orderly, and legal pathways for individuals to be able to access our legal system."

The Heritage report details how Mayorkas has "violated" the law by directing DHS to "mass-parole" illegal immigrants into the U.S. when federal law says migrants seeking entry into the U.S. should be granted parole temporarily and "only on a case-by-case basis for urgent humanitarian reasons or significant public benefit."

TEXAS LEADS 20 REPUBLICAN STATES IN SUING BIDEN ADMIN OVER MIGRANT PAROLE PROGRAM

Mayorkas "refers to most migrants as asylum seekers, but he has the data and knows most people here aren't genuine asylum seekers," Ries told Fox News Digital. "He's encouraging asylum fraud."

Under U.S. law, in order to receive asylum, individuals leaving their own country are supposed to show past persecution or well-founded fear of future persecution based on their race, religion, nationality, membership in a particular social group, or political opinion. However, the Heritage authors argue that, with the encouragement of Mayorkas' words and policies, the system is being exploited by millions of economic migrants who may be fleeing hardship but do not meet the bar of asylum.

Soaring asylum cases have led to a record years-long backlog in U.S. immigration courts.

Due to an overwhelming number of illegal immigrants entering the country, well over 50% of agents are often pulled off guarding the 1,954-mile U.S.-Mexico border to process, care for, and transfer migrants, leaving huge gaps for cartels and smugglers to exploit, according to former top border security officials.

The result, Heritage warns, is a national security threat and humanitarian crisis.

Under Mayorkas, about 1.2 million illegal immigrant "gotaways" are known to have evaded U.S. authorities, according to border agents. Experts are especially concerned about this group since Border Patrol encountered 98 migrants on the Terrorist Screening Dataset between the legal ports of entry in fiscal year 2022. The first three months of fiscal year 2023 have already encountered 38. By comparison, the figures were 16 and three for fiscal years 2021 and 2020, respectively.

NEARLY 300,000 ILLEGAL IMMIGRANTS SLIPPED PAST BORDER AGENTS IN LESS THAN FOUR MONTHS: SOURCES

Beyond security, Heritage outlines how Mexican cartels have used the border crisis to push drugs and human trafficking operations into the U.S., noting the victims are often children and young adults.

Last month, in a highly public case, an illegal immigrant was charged in the rape and murder of a 20-year-old with autism.

The Heritage report argues such outcomes are the results of purposeful policy decisions by Mayorkas that are often in contravention to written law.

"He's ignored laws, outright violated laws, lied, subjected his own officers and employees to grave danger — it absolutely merits impeachment," said Ries. "He's created threats to national security, public safety, and public health. And he's completely lost the trust of the American people."

An entire section of the report focuses on an alleged "betrayal of the public trust," listing several examples of Mayorkas telling Congress and the country that the border is secure despite the ongoing border crisis. 

The report also says Mayorkas "withheld" and misrepresented" information in several cases. Most notoriously, the DHS chief in 2021 promoted the narrative that border agents on horseback were whipping Haitian migrants trying to enter the U.S. after being told that no whipping took place

MAYORKAS ALERTED THAT NO HAITIAN MIGRANTS WERE ‘WHIPPED’ HOURS BEFORE WH PRESS CONFERENCE

"The administration didn't want bad optics, so they came up with this bogus story," said Ries. "Mayorkas has yet to apologize for lying. It created incredible damage for his own employees."

Fox News Digital reached out to the Department of Homeland Security seeking comment for this story.

"Secretary Mayorkas is proud to advance the noble mission of this department, support its extraordinary workforce, and serve the American people," a DHS spokesperson told Fox News Digital. "The department will continue our work to enforce our laws and secure our border, while building a safe, orderly, and humane immigration system."

The spokesperson also referred Fox News Digital to a recent DHS press release, touting how illegal border crossings between ports of entry have dropped since President Biden last month announced "additional border enforcement measures to limit illegal immigration." 

According to Ries, however, the changes were a "shell game" not reducing the numbers but shifting them from Border Patrol agents between ports of entry to officials at the ports.

Critics have argued the efforts to impeach Mayorkas is politically motivated and not constitutionally sound, claiming it is based on accusations of dereliction of duty to target political opponents rather than the legal threshold of "high crimes and misdemeanors" described in the Constitution.

"The Republicans who support his impeachment know full well that they cannot succeed in removing him by a two-thirds Senate vote. But they still want to impeach him, in order to highlight the alleged failures of this administration in controlling the southern border," legal expert Alan Dershowitz wrote in a New York Daily News op-ed over the weekend. "They may have enough Republican votes to achieve this unconstitutional political goal, despite the fact that some Republican moderates seem unwilling to go along with this charade … Both parties are willing to weaponize the constitutional criteria for impeachment in order to achieve political benefits."

MARYLAND MOM CALLS FOR MAXIMUM SENTENCE FOR TEEN MS-13 GANG MEMBER CHARGED WITH DAUGHTER'S MURDER

When asked to respond to such claims, von Spakovsky argued the case against Mayorkas has nothing to do with politics.

"You can't impeach someone because of policy differences — that's political and not grounds for impeachment," he said. "You impeach someone for breaking their oath of office to enforce the laws for which their department is responsible. No one can in any way deny that Mayorkas has been blatantly violating immigration law."

"They can claim it's political," he continued. "But I think we make a very careful case. It's Mayorkas' job to enforce the laws whether he likes them or not."

The report notes various authorities that have deemed failure to carry out the duties of one's office and "behaving in a manner grossly incompatible with the proper functions and purpose of the office" as constitutional grounds for impeachment, among others.

Heritage's report came after Republican lawmakers last week filed a second resolution in less than a month that would impeach Mayorkas.

Despite such efforts, however, at least one Heritage author sees the GOP actually going soft on securing the border now that the midterm elections are over and doesn't want Mayorkas to slide as a result.

"We wanted to explain why this is warranted for Mayorkas to be impeached — to remind people of the lies he's told, the laws he's violated, and the damage he's caused to the country and will continue to be caused if he remains secretary," Ries told Fox News Digital.

‘Border-free Biden:’ Republicans connect China spy balloon fiasco to migrant crisis at southern border

The incursion of a Chinese surveillance balloon into U.S. territory this week has led some Republicans to make a connection between the breaching of U.S. territory by the Chinese craft — and what they see as a lackluster response by the Biden administration — and the ongoing migrant crisis at the southern border.

"First Biden refused to defend our borders. Now he won’t defend our skies," House Speaker Kevin McCarthy tweeted Saturday.

The craft was hovering at an altitude of approximately 60,000 feet, according to the Pentagon, and was seen flying over Montana on Thursday, before changing course and heading over Missouri and being seen above North Carolina Saturday morning. The presence of the craft has caused a major diplomatic incident between the U.S. and China, which has asserted that it is not a spy balloon, but a civilian craft that went adrift.

"Regarding the unintended entry of a Chinese unmanned airship into US airspace due to force majeure, the Chinese side has verified it and communicated it to the US side. It is a civilian airship used for research, mainly meteorological, purposes," said a Chinese Foreign Ministry spokesperson on Saturday. "Affected by the Westerlies and with limited self-steering capability, the airship deviated far from its planned course."

CHINESE SPY BALLOON: REPUBLICAN DEMANDS FOR BIDEN TO COUNTER CCP ‘PROVOCATION’ ESCALATE

It’s a narrative that has been firmly rejected by U.S. officials, who have described the incursion as "intentional." Secretary of State Antony Blinken has canceled a planned visit to Beijing over the incident.

Republicans have been hammering the administration over the incident, demanding the balloon be shot down — something the administration has not yet done due to the potential risk of civilian injury and collateral damage. Top Republicans have also called for hearings on the matter, with senators accusing Biden of a passive response.

But as the balloon continues to float across the continental U.S. unopposed, some Republicans made the connection with the ongoing migrant crisis at the southern border, where there have been millions of illegal migrant crossings since Biden took office.

The Biden administration has blamed congressional inaction to fix a "broken" immigration system and a hemisphere-wide crisis for the ongoing situation at the border. It has also pointed to ongoing anti-smuggling efforts and new border measures that it says have led to a drop in migrant crossings. But Republicans have blamed the administration’s policies for the surge in migrants under its watch, and have accused officials of failing to act.

Texas Gov. Greg Abbott, who has been a vocal critic of the administration’s handling of the critic, called Biden’s "refusal" to stop the balloon a "dereliction of duty."

"From flying balloons to open borders, Biden has no regard for our national security and sovereignty," he said.

Rep. Mary Miller, R-Ill., accused Biden of giving up U.S. sovereignty.

SUSPECTED CHINESE SPY BALLOON COULD END UP OVER THE CAROLINAS LATER THIS WEEKEND IF BIDEN FAILS TO TAKE ACTION

"As President Trump says, without borders, we are not a country. By allowing China to send spy balloons across our airspace & allowing 5 million foreign nationals to illegally cross our southern border, Joe Biden is surrendering our sovereignty as a nation. Biden is America Last!" she said.

Sen. Steve Daines, R-Mont., said the administration has "failed to protect our border and now has failed to protect our skies."

"Border-free Biden: from Chinese spy balloons to illegal immigration, why won’t the @POTUS uphold America’s borders?" Sen. Tommy Tuberville, R-Ala., tweeted Friday evening.

Rep. Andy Biggs, R-Ariz., who is co-chair of the House Border Security Caucus, accused the administration of "attacking the geographic integrity of this nation by facilitating the historic invasion at our southern border and allowing a CCP military balloon to fly over critical national security locations."

MAYORKAS HIT WITH NEW IMPEACHMENT ARTICLE OVER ‘RECKLESS’ ABANDONMENT' OF SOUTHERN BORDER 

"A nation that cannot control its borders is not a nation," he said.

Meanwhile, the Border Patrol union also took a dig at the administration over its handling of the border crisis.

"China watching our border more closely than the Biden admin."

A White House official on Friday said that Biden administration officials briefed the Gang of Eight staff on Thursday afternoon and offered additional congressional briefings, which likely will take place next week.

Officials said that Biden made his decision not to shoot down the balloon based on a "strong recommendation" from Defense Secretary Lloyd Austin, Chairman of the Joint Chiefs Gen. Mark Milley and the commander of Northern Command "not to take kinetic action at this time because of risk to safety and security of the people on the ground."

"The president will always put the safety and security of the American people first," White House Press Secretary Karine Jean-Pierre said. "We are tracking closely and keeping all options on the table." 

Fox News' Brooke Singman and Timothy Nerozzi contributed to this report.