Mayorkas shows ‘willful ignorance’ of border crisis, GOP rep says as House tees up historic impeachment vote

Congressional lawmakers weighed in on whether Homeland Security Secretary Alejandro Mayorkas has positively or negatively influenced border security ahead of the House's vote on his impeachment. 

"I think that he’s violated the law on purpose," Rep. Matt Gaetz told Fox News. "I think he deserves impeachment for that."

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But Rep. Lloyd Doggett called the impeachment case against Mayorkas "appalling."

"I think certainly one could look back on this time and recognize there are improvements that could have been made, but the idea of impeaching him under these circumstances at the very time he’s trying to develop a bipartisan agreement is appalling," the Texas Democrat said. 

The Republican-led House Rules Committee voted 8-4 on Monday to send an impeachment case against Mayorkas to the full chamber for a vote. The two impeachment articles accuse Mayorkas of refusing to comply with federal immigration laws and violating the public's trust. 

‘HE’S DELUSIONAL': BIDEN'S BORDER COMMENTS SPARK STIFF REBUKE ON CAPITOL HILL FROM SOME LAWMAKERS

The full chamber passed a motion for debate on Mayorkas' impeachment 216-209 Tuesday. A second series of votes will follow the debate. If the impeachment resolution passes, it will head to the Democrat-led Senate, where it's expected to fail.

"Mayorkas has not done his job," Rep. Doug LaMalfa said. "He can at least be fighting back, or he can resign the position if he feels the job he’s supposed to do isn’t being done or isn’t being allowed to be done."

"He’s not done his constitutional duty," the California Republican said. "It’s not a matter of incompetence. It’s a matter of willful ignorance."

BIDEN CLAIMS 'I'VE DONE ALL I CAN DO' TO SECURE THE BORDER

The vote came on the heels of the Senate's long-awaited bipartisan border security deal being revealed on Sunday, which sparked fierce condemnation from some House Republicans. Among other criticisms, House leaders said in a Monday statement that the bill would give too much authority to Mayorkas, who "has proven he will exploit every measure possible, in defiance of the law, to keep the border open."

ARIZONA BORDER COUNTY OFFICIAL'S BLUNT MESSAGE TO CONGRESS TO REJECT IMMIGRATION BILL: ‘SHUT DOWN THE BORDER’

Mayorkas has been "forcibly making the border wide open and endangering the American people," Rep. Chip Roy told Fox News. 

There were over 2.4 million migrant encounters during fiscal 2023, up from roughly 1.7 million in 2021, according to Customs and Border Protection data. In December, they reached a record-high of 302,000.

I’m "disappointed from some of what I’ve seen from [Mayorkas], but I think that disagreement in terms of job performance is not an impeachable offense," Rep. Chris Pappas, a New Hampshire Democrat, said. "We should be giving him the tools he needs to do the job."

Constitutional scholars have criticized the impeachment push against Mayorkas. Alan Dershowitz, for example, called the charges against the Homeland Security secretary "vague," while Jonathan Turley said there's no "cognizable basis" for impeachment.

Pappas said Congress needs to step up to enact change at the southern border.

"We’ve got to have some order at the border," he said. "We also need greater investments. That’s where Congress comes in. We need to be a partner here."

Fox News Politics: Border nonstarter

Welcome to Fox News’ Politics newsletter with the latest political news from Washington D.C. and updates from the 2024 campaign trail. 

What's Happening? 

- Senate Republicans vow to block bipartisan border bill

- Court rejects Trump's immunity on Jan. 6 charges

- Nevada primary election underway

After weeks of negotiations, the Senate's much ballyhooed bipartisan border deal landed with a thunk.

Conservatives in the House and Senate have come out against the deal, and Senate Minority Leader Mitch McConnell didn't sound optimistic about the bill becoming law. 

"I think in the end, even though the product is approved by the the border council that adores President Trump, most of our members feel that we're not going to be able to make a law here, and if we're not going to be able to make a law, they're reluctant to go forward," McConnell said Tuesday. The border bill was tied to aide to Ukraine and other priorities that McConnell and Schumer would have to find another way to pass.

Texas Sen. Ted Cruz said the border deal fiasco might mean it's time for McConnell himself to step down as leader.

Meanwhile, Homeland Security Secretary Alejandro Mayorkas revealed that he didn't know President Biden would start describing the border situation as a "crisis," according to reports. 

"I will tell you that I am not focused on the words one uses," Mayorkas told the Washington Post. "I am focused on what we need to do. That is my focus. It is a very serious challenge. And we are focused on it every single day."

The House is moving forward with a vote to impeach Mayorkas.

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House clears way to advance impeachment articles of DHS Secretary Mayorkas

House lawmakers on Tuesday cleared the way to advance an impeachment resolution against Homeland Security Secretary Alejandro Mayorkas.

The 215-207 floor vote came as the House adopted the "rule" to manage the debate on the measure. 

The resolution affirms that Mayorkas "has willfully and systematically refused to comply with Federal immigration laws" by having repeatedly violated laws enacted by Congress regarding immigration and border security during his tenure. 

If the vote goes through, Mayorkas would be the first Biden Cabinet official impeached in nearly 150 years. 

This story is breaking. Please check back for updates.

Yes, the House GOP really will try to impeach Homeland Security Secretary Mayorkas

The House is scheduled to vote Tuesday afternoon on impeaching Department of Homeland Security Secretary Alejandro Mayorkas, but the outcome isn’t at all assured. It’s a numbers game for Republican leadership, with two party members publicly opposing impeachment and a handful undecided. The very slim majority of Republicans means that leadership can likely lose only three of their members and pass the impeachment resolution.

The latest Republican “no” vote comes from Rep. Tom McClintock of California, who announced his opposition Tuesday morning. “Do Republicans really wish to establish an expansive view of impeachment that will surely be turned against conservatives on the Supreme Court or a future Republican president if Congress changes hands?” McClintock wrote in his statement. He joined Rep. Ken Buck of Colorado, who was the first Republican to publicly say he’d vote against impeachment. 

In addition to McClintock and Buck, Rep. Mike Gallagher of Wisconsin voiced his reservations in a conference meeting Tuesday morning, saying that this would lower the standard for impeachment. And there are at least three Republicans who have publicly declared they are undecided: Reps. David Joyce of Ohio, Brian Fitzpatrick of Pennsylvania, and Patrick McHenry of North Carolina, the former speaker pro tempore. 

The Homeland Security Committee Chair Mark Green of Tennessee apparently didn’t make a compelling case for the principles of impeaching Mayorkas during that Tuesday morning meeting, instead attacking Mayorkas personally, calling him, “a reptile with no balls” because he refused to resign. That’s hardly a principled argument for high crimes and misdemeanors.

This impeachment is purely political and entirely baseless, and most Republicans know it. Also this: 

The Republican Party, in a nutshell: On Monday, they're going to kill the harshest immigration deal in decades because their nominee wants to run on the issue. On Tuesday, they're going to launch an impeachment inquiry on the DHS Secretary for not being harsher on immigration.

— Sawyer Hackett (@SawyerHackett) February 5, 2024

That helps Democrats make the case against it, pointing out that impeachment is no solution to what Republicans like to call the border crisis, and that it’s purely a political distraction. Here’s a statement from President Joe Biden’s administration:

Impeaching Secretary Mayorkas would be an unprecedented and unconstitutional act of political retribution that would do nothing to solve the challenges our Nation faces in securing the border. [...]

The impeachment power was never intended as a device for members of an opposing political party to harass Executive Branch officials over policy disputes. [...]

Impeaching Secretary Mayorkas would trivialize this solemn constitutional power and invite more partisan abuse of this authority in the future.

It’s as likely as not that all but three Republicans fall into line with their MAGA counterparts and move ahead with this baseless impeachment—one that’s sure to be buried by the Senate. This is yet another test of principle for Republicans, and one that the majority will gleefully fail.

RELATED STORIES:

House Democrats come hard at GOP in Mayorkas impeachment hearing

Republicans admit impeaching Mayorkas is all politics

Republicans would rather campaign on the border crisis than solve it

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GOP lawmaker on key immigration subcommittee slams Mayorkas impeachment ‘fantasy’ as vote count tightens

A House Republican on a key immigration subcommittee announced Tuesday that he will vote against impeaching Homeland Security Secretary Alejandro Mayorkas, dealing a significant blow to GOP efforts to impeach the Biden official ahead of a vote expected later in the day.

"The only way to stop the border invasion is to replace the Biden administration at the ballot box. Swapping one leftist for another is a fantasy, solves nothing, excuses Biden’s culpability, and unconstitutionally expands impeachment that someday will bite Republicans," Rep. Tom McClintock, R-Calif., who heads the Judiciary subcommittee on immigration, said on X, formerly known as Twitter.

Later on the House floor, he called it a "stunt."

HOUSE TEES UP VOTE ON IMPEACHING MAYORKAS OVER BORDER CRISIS 

The House is expected to vote later on two articles of impeachment, which accuse Mayorkas of having "repeatedly violated laws enacted by Congress regarding immigration and border security" and of having "made false statements to Congress" that the border is secure and closed and that DHS is in operational control of the border. 

McClintock’s "no" joins that of Rep. Ken Buck, R-Colo. Fox News Digital is also told that Rep, Mike Gallagher, R-Wis., also raised concerns about impeaching Mayorkas at a closed-door meeting of the House Republican Conference. The House majority is slim and Republicans can only afford three defections if all lawmakers are present and all Democrats vote against impeachment.

Should the impeachment push fail, it would signify an enormous blow to House Republicans who spent much of 2023 investigating Mayorkas for his handling of the crisis at the southern border, before referring articles to the House Homeland Security Committee late last year.

The committee advanced the two articles last week. If Mayorkas is impeached, then it will go to the Senate for a trial.

Speaker Mike Johnson said that he had spoken to McClintock and Buck about their objections to the move to impeach the Cabinet Secretary -- which would make it the first impeachment since 1876.

MAYORKAS LASHES OUT AT ‘BASELESS’ GOP ALLEGATIONS AHEAD OF KEY IMPEACHMENT VOTE

" I respect everybody's view. I understand the heavy weight that impeachment is…next to the declaration of war, I believe impeachment is probably the heaviest authority that the House has given in the Constitution," he said. "We carry that weight very carefully. What I will say about this Mayorkas impeachment is that the Homeland Security Committee has done an extraordinary job, a very deliberate job as you know over a long period of time.

Republicans have accused Mayorkas and the administration of fueling the crisis with "open border" policies including "catch-and-release," reduced interior enforcement and the rolling back of Trump-era policies they believe helped secure the border. They also accuse Mayorkas of not following immigration law, which they say demands the detention of illegal immigrants, and of failing to secure the border. Mayorkas has vigorously denied those claims.

"The constitutional case and evidence for impeaching Department of Homeland Security (DHS) Secretary Alejandro Mayorkas is strong and compelling," Committee Chair Mark Green said in an op-ed for The Washington Examiner this week. "My committee’s nearly year-long investigation identified Secretary Mayorkas’ willful and systemic refusal to comply with U.S. immigration laws and his breach of the public trust as the primary drivers of the unprecedented crisis at America’s borders."

MARJORIE TAYLOR GREENE PREDICTS MAYORKAS IMPEACHMENT ARTICLES WILL PASS HOUSE WITHOUT ANY DEM SUPPORT

But the process has come under fire from the Department of Homeland Security, as well as House Democrats and some Republicans. They see a pre-determined politically motivated push for impeachment based on policy disagreements rather than high crimes and misdemeanors, and the Biden administration has instead pointed to efforts made to secure the border by Mayorkas -- including his role in a bipartisan Senate deal released this week. They have also pointed to more than 500,000 removals since May and record seizures of fentanyl at the border.

"House Republicans have failed to provide any legitimate Constitutional grounds for impeachment according to countless legal experts of diverse political views, House Republicans’ own prior impeachment witness, and their fellow GOP Members," DHS officials said in a recent memo.

Mayorkas himself defended himself against impeachment last week in a letter to Republicans, in which he slammed the allegations as "false" and "baseless."

"I assure you that your false accusations do not rattle me and do not divert me from the law enforcement and broader public service mission to which I have devoted most of my career and to which I remain devoted," Mayorkas said.

Other voices against the impeachment of Mayorkas include Jonathan Turley, who was a witness for the House majority earlier this year, and Alan Dershowitz, who was former President Trump’s defense lawyer during the first impeachment effort against him. Former Bush-era DHS Secretary Michael Chertoff recently called on Republicans to "drop this impeachment charade" and work with Mayorkas to solve the crisis.

Nikki Haley suddenly has a problem with Trump’s love of dictators

With the South Carolina Republican primary approaching, Nikki Haley is revving up her attacks on presumptive nominee Donald Trump. 

On Monday, Haley repeatedly referred to Trump as a “New York City liberal” who donated to Kamala Harris. She followed that up by posting a clip of Trump’s interview with Fox News’ Maria Bartoromo where he effused about China’s President Xi Jinping, with this bold take: “Praising dictators is not normal. Make America normal again.”

Newsflash: Trump has something of a preoccupation with dictators. Maybe you think you didn’t read that right. Yes, the twice-impeached former president goes all fanboy for dictators and his history of praising tyrants like the Philippines’ Rodrigo Duterte goes way back. 

There was the time Trump described himself as a “big fan” of Turkey’s strongman autocrat Recep Tayyip Erdoğan. Trump has called Hungarian Prime Minister (and authoritarian racist) Viktor Orban “his friend.” In fact, Trump has been throwing around Orban’s name so much that he’s mixed him up with Erdoğan.

Even when Trump’s Fox News buddy Sean Hannity attempted to help Trump walk back his praise of dictators like Vladimir Putin, Trump couldn’t help but to boast about how well he gets along with authoritarian monsters.

The good news here is that while Haley isn’t going to beat Trump and there is very little in the way of facts or logic that can seemingly penetrate the MAGA-brainscape these days, she can continue to remind independent voters of why they don’t want another round of Trump as president.

Enjoy Trump going gaga over China’s Xi Jinping.

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Trump not immune from prosecution in 2020 election case, federal appeals court rules

Former U.S. President Trump is not immune from prosecution in the 2020 federal election case, a federal appeals court ruled Tuesday.

The U.S. Court of Appeals - D.C. Circuit considered Trump’s claim of presidential immunity from prosecution for his actions in office, including his alleged role in overturning his 2020 election loss, ultimately saying it was "unpersuaded by his argument" and ruled a case against him can proceed. 

"We have balanced former President Trump’s asserted interests in executive immunity against the vital public interests that favor allowing this prosecution to proceed," the court wrote in its ruling Tuesday. 

It determined: "We conclude that the interest in criminal accountability, held by both the public and the Executive Branch, outweighs the potential risks of chilling Presidential action and permitting vexatious litigation."

TRUMP TRIAL DELAYED IN CASE STEMMING FROM SPECIAL COUNSEL JACK SMITH'S JAN. 6 INVESTIGATION

The legally untested question before the court is whether former presidents can be prosecuted after they leave office for actions taken in the White House related to their official duties.

Steven Cheung, Trump campaign spokesperson, said in a statement that the case will have far-reaching consequences, both for Trump and all future presidents.

"If immunity is not granted to a President, every future President who leaves office will be immediately indicted by the opposing party," he said. "Without complete immunity, a President of the United States would not be able to properly function!"

The Trump campaign spokesperson added: "Deranged Jack Smith’s prosecution of President Trump for his Presidential, official acts is unconstitutional under the doctrine of Presidential Immunity and the Separation of Powers. Prosecuting a President for official acts violates the Constitution and threatens the bedrock of our Republic. President Trump respectfully disagrees with the DC Circuit’s decision and will appeal it in order to safeguard the Presidency and the Constitution."

Special counsel Jack Smith initially indicted Trump on Aug. 1, 2023.

In the case, Trump claimed both that he had presidential immunity and that the case violated a double jeopardy clause, as he was impeached by the U.S. House of Representatives over his alleged involvement. He was later acquitted after the U.S. Senate did not vote to convict him of the charge.

The two defenses were among four arguments Trump's legal team pursued in arguing the court should reject the case.

In Dec. 2023, U.S. District Judge Tanya Chutkan, who is presiding over the case, rejected Trump’s arguments, saying the office of the president "does not confer a lifelong ‘get-out-of-jail-free’ pass."

In the federal appeals court's Tuesday ruling, it mentioned Trump's impeachment case but similarly rejected these claims of immunity and double jeopardy.

It concluded that "concerns of public policy, especially as illuminated by our history and the structure of our government," as argued by the prosecution, compel "the rejection of his claim of immunity in this case."

And, it wrote: "We also have considered his contention that he is entitled to categorical immunity from criminal liability for any assertedly ‘official’ action that he took as President — a contention that is unsupported by precedent, history or the text and structure of the Constitution. Finally, we are unpersuaded by his argument that this prosecution is barred by ‘double jeopardy principles.’ Accordingly, the order of the district court is AFFIRMED," it wrote.

Fox News contributor Jonathan Turley said the outcome is not particularly surprising to legal experts but that it could impact or expedite the legal schedule for Trump, who continues to seek re-election. 

The former president is expected to appeal the decision, putting his case — the first of its kind — before the country's highest court.

Trump has up to 90 days to appeal the decision to the U.S. Supreme Court.

The trial date carries enormous political ramifications and Trump hopes an eventual decision will be delayed until after the November election. 

Should that happen and if Trump defeats President Biden, he could presumably try to use his position as head of the executive branch to dismiss the case. He could also potentially seek a pardon for himself, although such a situation has no precedent.

After Chutkan's decision in Dec., Trump’s lawyers appealed to the D.C. appeals court.

At the same time, Smith asked the Supreme Court last month to weigh in first, hoping it would take up the matter quickly and issue a speedy ruling.

The Supreme Court appeared to signal that it preferred to stay out of the process when it rejected the request.

Fox News' Paul Steinhauser, Jake Gibson, and The Associated Press contributed to this report.

Mayorkas impeachment down to the wire as another Republican plans to vote ‘no’

Rep. Tom McClintock said on Tuesday that he will oppose impeaching Homeland Security Secretary Alejandro Mayorkas — meaning Republicans have literally no room for error.

If Democrats have full attendance, House GOP leaders can’t afford to have any additional absences or lose a single other GOP vote.

McClintock (R-Calif.), in a lengthy letter to his colleagues, argued that the GOP articles against Mayorkas stretched how the founders would define an impeachable offense. And he warned that, if successful, Republicans were setting a precedent that Democrats might use against them in the future.

“Do Republicans really wish to establish an expansive view of impeachment that will surely be turned against conservatives on the Supreme Court or a future Republican president if Congress changes hands?” McClintock wrote.

He added that while a Cabinet official could be removed for committing a crime, that House Republicans were trying to cross a “bright line” by recommending he be removed from office for carrying out President Joe Biden’s policy decisions on the border. The articles of impeachment against Mayorkas accuse him of a breach of trust and refusing to comply with the law.

McClintock is the second GOP “no” vote in addition to Rep. Ken Buck (R-Colo.), who announced last week that he would oppose the historic step of impeaching Mayorkas. A Cabinet official hasn’t been impeached since 1876. McClintock’s opposition, though long expected, underscores the uncertainty heading into Tuesday’s scheduled vote.

Failing to impeach Mayorkas would mark an embarrassing political setback for House Republicans and Speaker Mike Johnson, who have faced intense pressure from their base to impeach Biden or a top official. A failure to impeach Mayorkas could further imperil hopes to eventually impeach the president as well.

There are still several lawmakers who are still publicly undecided, including Reps. David Joyce (R-Ohio), Brian Fitzpatrick (R-Pa.) and Patrick McHenry (R-N.C.). And Majority Leader Steve Scalise’s expected absence as he undergoes treatment for blood cancer. If one more holdout votes against impeaching Mayorkas and Democrats have full attendance, the measure would fail.

Homeland Security Chair Mark Green (R-Tenn.), asked if he believed he had the votes on Tuesday, said: “We’ll see pretty soon.”

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