House Republicans move to use DHS funding bill to ramp up immigration enforcement, hit sanctuary cities

Some Republicans in the House are using a Homeland Security appropriations bill to push for sweeping amendments that would overhaul immigration enforcement, including hitting sanctuary cities, in response to the ongoing migrant crisis at the southern border.

While much of the energy on Capitol Hill is geared toward avoiding a government shutdown at the end of the month, Rep. Troy Nehls, R-Texas, has introduced a slew of amendments to the appropriations bill, which funds the Department of Homeland Security for the upcoming fiscal year.

The vast majority of those amendments are focused on immigration and border security.

HOUSE HOMELAND SECURITY GOP REPORT ACCUSES MAYORKAS OF CEDING CONTROL TO CARTELS

They include one that would bar funding for the processing of asylum claims from illegal immigrants who have passed through a prior country — a more intense version of the Biden administration’s efforts to limit asylum claims to those who have crossed illegally and failed to claim asylum in a country through which they have already passed.

Another amendment would adopt legislation to prioritize the removal of certain illegal immigrants, another would bar money from being made available for the release of illegal immigrants into the interior. One amendment would block money from being used for migrant transports in the interior without 72-hour notifications to the state and local officials of the destination and notification on the DHS website — tapping into concerns about late-night migrant flights.

Nehls wants to include language that would bar federal funding from going to "sanctuary" cities — jurisdictions that block cooperation with Immigration and Customs Enforcement. Conservatives say sanctuary policies in New York City and elsewhere encourage migrants to cross border.

The lawmaker wants to increase the number of ICE detention beds back to the numbers seen during the Trump administration, which have decreased under the Biden administration. Another amendment would require DHS to keep a minimum of 14,000 enforcement officers or else lose funding.

GOP REPS TENNEY, ROY LEAD PUSH TO REDUCE MAYORKAS' SALARY TO $1 OVER BORDER CRISIS 

In a statement to Fox News Digital, Nehls said that Republicans had been given the majority "for a reason" and said they have an obligation to hold the administration accountable.

"This starts with stopping the flow of illegal aliens burdening communities, combating human trafficking, and fighting the influx of fentanyl and illicit drugs poisoning our communities," he said.

He also pointed to separate amendments by lawmakers to limit Secretary Alejandro Mayorkas’ salary to $1.

"Taxpayer dollars should be used to secure our nation, not further spread the consequences of an open border. I was sent to Congress to fight for Texas, and I speak for them when I say they are sick and damn tired of empty promises," he said. "No security, no funding."

Nehls’ amendments in particular got the support of hawkish groups. RJ Hauman, president of the National Immigration Center for Enforcement (NICE) who also serves as a visiting adviser at the Heritage Foundation, said Nehls is making the appropriation bill stronger.

"His amendments address asylum abuse, provide more detention beds and ICE agents, make sure detention centers remain fully operational, and stop taxpayer dollars from flowing to sanctuary cities," he told Fox News Digital. "Every Republican — from leadership to rank and file — should unite behind what their border state colleague is seeking to do."

Other amendments being submitted include an amendment from Rep. Scott DesJarlais, R-Tenn., to bar money from being used for programs that use humanitarian parole to release migrants into the interior.

DHS CALLS FOR IMPROVEMENTS TO NYC'S MIGRANT CRISIS OPERATIONS AS ADAMS PUSHES BACK 

It marks the latest House Republican effort to push back against the agenda of the Biden administration on immigration. Some Republicans have pushed for Mayorkas’ impeachment or have suggested defunding the agency.

Meanwhile, Republicans have passed their own legislation — the Secure the Border Act — which would restrict the use of parole to release migrants, limit the use of the CBP One app, increase Border Patrol agent numbers and restart border wall construction.

The Biden administration has pushed back against Republican criticism, calling on Congress to approve more funding and to pass comprehensive immigration reform — including a pathway to citizenship for millions of illegal immigrants. It has also said its policies of expanding migrant parole pathways and renewing what it says are consequences for illegal entry — while pursuing more funding — are working, given the "broken" system in which the agency says it is working.

"Congress should work with us to keep our country safe, build on the progress DHS is making, and deliver desperately needed reforms for our broken immigration system that only legislation can fix," a spokesperson told Fox this week.

New Mexico Republican legislators call for Dem Gov. Grisham’s impeachment after gun order: ‘She’s rogue’

Two Republican members of the New Mexico State House of Representatives are calling for Gov. Michelle Lujan Grisham to be impeached after she temporarily suspended open and concealed carry across Albuquerque and the surrounding Bernalillo County for at least 30 days.

Grisham on Thursday said she needed to respond to recent gun-related deaths, which include an 11-year-old boy who was shot and killed while outside a minor league baseball stadium on Wednesday night.

The suspension of open and concealed carry was classified as an emergency public health order.

"When New Mexicans are afraid to be in crowds, to take their kids to school, to leave a baseball game — when their very right to exist is threatened by the prospect of violence at every turn — something is very wrong," Lujan Grisham said in a statement.

NEW MEXICO GOVERNOR TEMPORARILY SUSPENDS OPEN, CONCEALED CARRY ACROSS ALBUQUERQUE: 'VIOLENCE AT EVERY TURN'

Republican state Reps. Stefani Lord and John Block announced on Saturday they are calling for the governor to be impeached.

"I am calling on counsel to begin the impeachment process against Governor Grisham," Lord said. "This is an abhorrent attempt at imposing a radical, progressive agenda on an unwilling populous. Rather than addressing crime at its core, Governor Grisham is restricting the rights of law-abiding gun owners. Even Grisham believes this emergency order won’t prohibit criminals from carrying or using weapons; a basic admission that this will only put New Mexicans in danger as they won’t be able to defend themselves from violent crime." 

Speaking with Fox News Digital, Lord said that Grisham is a "rogue governor."

"She put this emergency order together and it violates her oath. And she's supposed to be protecting and defending the rights of New Mexico, she can't just raise her hand one day and say, I promise to uphold this oath and promised to protect the people of New Mexico and the Constitution, and then just one day decide, oh, just kidding," Lord said.

Block told Fox News Digital that there "is no such thing as a state public health emergency exception to the U.S. Constitution."

NEW MEXICO GOVERNOR SHOCKS WITH COMMENT ABOUT CONSTITUTION AFTER ISSUING TEMPORARY GUN BAN: NOT 'ABSOLUTE'

"It is an absolutely flagrant attack on law-abiding citizens who she is targeting with this order, and she is trying to force litigation and waste more taxpayer dollars while doing it, because New Mexicans are the ones that are going to have to pay the legal bills on this, not her personally."

The National Association for Gun Rights and Foster Haines, a resident of Albuquerque, announced on Saturday they filed a lawsuit against Grisham and New Mexico Secretary of Health Patrick Allen, arguing the emergency order is unconstitutional. They are asking for a temporary restraining order against the measure to be issued.

"Gov. Luhan Grisham is throwing up a middle finger to the Constitution and the Supreme Court," said Dudley Brown, President of the National Association for Gun Rights.

Rep. Ted Lieu, D-Calif., weighed in on Grisham's executive order, saying it's unconstitutional.

"I support gun safety laws. However, this order from the Governor of New Mexico violates the U.S. Constitution. No state in the union can suspend the federal Constitution. There is no such thing as a state public health emergency exception to the U.S. Constitution," Lieu said on X, formerly known as Twitter.

David Hogg, who advocates for stricter gun laws, said on X "I support gun safety but there is no such thing as a state public health emergency exception to the U.S. Constitution."

Bernalillo County Sheriff John Allen said after the order was issued that he has concerns.

"While I understand and appreciate the urgency, the temporary ban challenges the foundation of our constitution, which I swore an oath to uphold," Allen said. "I am wary of placing my deputies in positions that could lead to civil liability conflicts, as well as the potential risks posed by prohibiting law-abiding citizens from their constitutional right to self-defense."

Fox News' Landon Mion contributed to this report.

Nancy Pelosi, 83, will run for her seat in Congress again in 2024

Former House Speaker Nancy Pelosi, D-Calif., will seek a 20th term in the U.S. House of Representatives, announcing Friday she is running for re-election in 2024. 

Pelosi, 83, declared her candidacy for California's 11th Congressional District representing San Francisco in a post on X, the platform formerly known as Twitter. 

"Now more than ever our City needs us to advance San Francisco values and further our recovery. Our country needs America to show the world that our flag is still there, with liberty and justice for ALL," Pelosi said. "That is why I am running for reelection — and respectfully ask for your vote."

Pelosi stepped down from serving as leader of the House Democratic Caucus last year, passing the torch to current House Minority Leader Hakeem Jeffries, D-N.Y. She now serves among the rank-and-file, though Democratic lawmakers have dubbed her as "Speaker Emerita" out of respect for her more than 35-year tenure in the House.

PELOSI SAYS MANY TRUMP SUPPORTERS DON'T VALUE HUMAN DIGNITY FOR EVERYONE

First elected to Congress in 1987, the Democratic leader made history becoming the first female speaker in 2007, and in 2019 she regained the speaker's gavel.

Pelosi led the party through substantial legislative achievements, including passage of the Affordable Care Act, as well as turbulent times with two impeachments of former President Donald Trump.

PELOSI CALLS TRUMP INDICTMENTS ‘BEAUTIFUL,’ SAYS A TRUMP WIN IN 2024 WOULD BE LIKE ‘THE WORLD BEING ON FIRE’

Her announcement puts to rest any suggestion of retirement, though it comes amid concerns over the advanced age of numerous elected officials, including octogenarian Senate Majority Leader Mitch McConnell, R-Ky.; 90-year-old Sen. Dianne Feinstein, D-Calif.; and President Biden, who is 80.

McConnell, 81, renewed concerns about his age and fitness for office after he froze in front of news cameras last month for the second time this year. 

McConnell’s physician medically cleared him to continue with business as usual and did not find any evidence of a stroke or a seizure after several tests, per an announcement Tuesday. 

NANCY PELOSI ANNOYED BY MSNBC QUESTION ABOUT IMPEACHING BIDEN: ‘WITH ALL DUE RESPECT … THIS IS FRIVOLOUS’

Even so, the episode prompted critics like Republican presidential candidate Nikki Haley to deride the Senate as a "privileged nursing home." At least one House member, Rep. John James, R-Mich., introduced a resolution to amend the Constitution to impose an age limit on holding federal office. James' proposal is to bar anyone who would be 75 or older from running for president, vice-president or either house of Congress. 

Biden has not escaped scrutiny over his age, either. A recent Wall Street Journal poll found two-thirds of Democrats think he is too old to run for president again. Pelosi has come to the president's defense, however, calling age "relative." 

"I think the president should embrace his age, his experience, the knowledge he brings to the job. Actually, the leader on the other side is not much younger. I don’t like to use his name, but you know who I mean. He’s not that much younger. So I don’t think — age is a relative thing. It is — and I think this president, our country is very well served by his leadership, again, his experience, his knowledge, and it counts for a lot," she said. 

Pelosi added that Biden is "a kid to me." 

Fox News' Elizabeth Elkind and Hanna Panreck and The Associated Press contributed to this report.

Pence says he supports an impeachment inquiry by House Republicans

Former Vice President Pence said there is an "ethical cloud" hanging over the Biden family and President Biden’s administration, telling Fox News Digital he would support an impeachment inquiry led by House Republicans.

During a sit-down interview with Fox News Digital, the former vice president said he feels it is "such a benefit to the nation" that House Republicans are "following the facts" in their investigations into the Biden family business dealings and alleged politicization in the Justice Department’s years-long federal probe into Hunter Biden.

MCCARTHY 'DANGLING' BIDEN IMPEACHMENT INQUIRY TO DELAY RECKONING OVER SPENDING, SOME CONSERVATIVES SAY

"There are so many questions about Joe Biden’s involvement and connection to his son’s businesses when he was vice president of the United States," Pence said.

"I must say, you know, I can’t relate," he continued. "When I was vice president, my son wasn’t sitting on the board of foreign corporations," he said in reference to Biden's son, Hunter. "He was sitting in the cockpit of the F-35 and flying for the Marine Corps."

Biden had another son, Beau, who deployed to Iraq with Delaware’s Army National Guard. He died of a brain tumor in 2015.

Pence said the "very idea that these things were happening is something the American people deserve to get to the bottom of." 

The House Oversight Committee led by Chairman James Comer, R-Ky., has been investigating the Biden family’s business dealings, Hunter Biden’s business dealings, and whether Joe Biden benefited while serving as vice president.

The White House has previously said the president never spoke to his son about his business dealings and had no knowledge of them. The president himself has also denied ever having spoken to his son about his business dealings or being involved in them.

This summer, the White House said Biden "was not in business with his son."

Separately, but related, Comer, House Judiciary Committee Chairman Jim Jordan and House Ways & Means Committee Chairman Jason Smith are leading a joint-congressional investigation into whistleblower allegations that prosecutorial decisions made in the DOJ’s Hunter Biden investigation were influenced by politics.

Hunter Biden was expected to plead guilty in July to two misdemeanor tax counts of willful failure to pay federal income tax as part of a plea deal to avoid jail time on a felony gun charge. That plea agreement, which Republicans have blasted as a "sweetheart plea deal," collapsed in court.

MCCARTHY SAYS BIDEN IMPEACHMENT INQUIRY WOULD NEED HOUSE VOTE, IN DEPARTURE FROM PELOSI AND DEMOCRATS

Hunter Biden was forced to plead not guilty to two misdemeanor tax charges and one felony gun charge.

Since then, Attorney General Merrick Garland tapped U.S. Attorney for Delaware David Weiss, who has been leading the probe since 2018, to serve as special counsel with jurisdiction over the Hunter Biden investigation and any other issues that have come up, or may come up, related to that probe.

"I welcomed the appointment of a special counsel in the Hunter Biden case," Pence said.

On Wednesday, Weiss’ team signaled that it would indict Hunter Biden on the federal gun charge by the end of the month.

"I'm heartened that it appears charges are going to be now brought at least on one aspect of the charges," Pence said.

As for the potential for an impeachment inquiry in the House of Representatives, Pence said he supports House Speaker Kevin McCarthy and his "posture to let the House work its will." 

"That’s different than Nancy Pelosi who unilaterally brought in impeachment process over a phone call by the President of the United States," Pence said, referring to the first impeachment of former President Donald Trump in 2019.

Trump, in July 2019, had a phone call with Ukrainian President Volodymyr Zelenskyy. During that call, Trump pressed Zelenskyy to launch investigations into the Biden family’s actions and business dealings in Ukraine—specifically Hunter Biden’s ventures with Ukrainian natural gas firm Burisma Holdings. Hunter Biden, at the time, was, and still is, under federal criminal investigation for his tax affairs, prompted by suspicious foreign transactions.

The House voted to impeach Trump in December 2019 on two counts— abuse of power and obstruction of Congress. The Senate voted for acquittal in February 2020.

Trump was impeached again in January 2021 after the Jan. 6 Capitol riot. He was acquitted in the Senate. 

"I think, particularly at a time when so many Americans have lost confidence in equal treatment under the law, so many Americans, understandably, are concerned about a dual standard of justice in this country," Pence continued. "Now, more than ever, we need House Republicans to follow the facts, bring the facts to the American people, and if an impeachment inquiry facilitates that I would hardly support it."

At this point, it is unclear if House Republicans will move forward to officially launch an impeachment inquiry. The House returns from recess on Tuesday, September 12. 

House Homeland Security GOP report accuses Mayorkas of ceding border control to cartels

EXCLUSIVE: The House Homeland Security Committee accused DHS Secretary Alejandro Mayorkas of having ceded control of the southern border to Mexican cartels in the GOP-led committee's latest report into the administration’s handling of the migrant crisis.

Chairman Mark Green launched an investigation into Mayorkas’ conduct and handling of the southern border crisis earlier this year as the DHS chief faced a barrage of criticism from Republicans over the border crisis that has seen record encounters at the border, where encounters currently remain high.

The report on phase two of its investigation is called "DHS Secretary Alejandro Mayorkas has emboldened cartels, criminals and America's enemies." In the report, the majority concluded that "Mayorkas and [President] Biden’s policies have emboldened and enriched the cartels, ceded control of America’s sovereign Southwest border to these organizations, and jeopardized the safety and security of individuals and communities across this country in the process."

HOUSE HOMELAND GOP REPORT ACCUSES MAYORKAS OF ‘INTENTIONAL’ DERELICTION OF DUTY OVER BORDER CRISIS 

The report outlined how the cartels, "the most vicious evil organizations in the Western Hemisphere," maintain substantial control in Mexico and are the leading source of drugs such as fentanyl coming into the U.S. That drug, which is tied to tens of thousands of deaths each year, is primarily made in Mexico using Chinese precursors and shipped across the U.S. land border.

The cartels have also become the key players in transporting migrants across the border, with smuggling and trafficking now becoming a key pillar of their business model. The report argued that the administration has reversed Trump-era policies and implemented new ones that have "encouraged millions of individuals to make the journey to the Southwest border in hopes of being released into the United States."

"The massive increase in the number of people now traveling up through Mexico on their way to the Southwest border represents a historic business opportunity for the cartels, as each person is someone off whom they can profit," the report said, also finding that the surge of individuals has taken Border Patrol agents off the beat to process migrants instead, leaving broad stretches of the border open to cartel exploitation. 

"Americans must understand the sheer control these organizations exert over the flow of illegal aliens and illicit drugs across the Southwest border, and how they profit from it all. The cartels control smuggling routes throughout Mexico and exert near-complete control on the movement of individuals through that country, particularly at and near the Southwest border," the report continued.

GOP REPS TENNEY, ROY LEAD PUSH TO REDUCE MAYORKAS' SALARY TO $1 OVER BORDER CRISIS 

The report also outlined how cartels have an increasing presence in the U.S., and highlighted media reporting detailing how unaccompanied children are often smuggled in and put into the labor force in order to pay back money. It also detailed how stash houses where migrants are forced to stay are a "public health nightmare" along with statistics showing the use of stash houses has increased in recent years.

The report warned how the cartels are associated with gang crime within the U.S. as well, particularly groups like MS-13 -- the violent street gang that has many illegal immigrants among its members. They also noted the increase in apprehensions of those whose names appear on the terror watch list.

"It is unknown how many additional national security threats have been among the approximately 1.5 million known gotaways that have evaded Border Patrol altogether," the report said.

In a statement accompanying the report, Green said that the report "documents in clear and unflinching detail how the cartels are taking advantage of our open Southwest border to rake in billions of dollars through increased human smuggling and drug trafficking, while spreading death and destruction throughout our communities."

"And the reason they’re able to do so is because Secretary Mayorkas has implemented a host of policies that have incentivized illegal immigration at a scale we’ve never before seen, and the cartels have jumped to take advantage. The more the American people learn about this crisis, the more they understand that Secretary Mayorkas has been derelict in his duty, and that he has failed to uphold his oath to defend the homeland," he said. "This Committee will continue to conduct oversight of this secretary’s actions and policies, and provide the answers and accountability the American people deserve—and demand." 

The administration has touted its own efforts to crack down on smugglers and cartels, including joint anti-smuggling operations with Mexico – where officials have said the cartels have control -- and investments in detection technology at ports of entry and additional agents and other law enforcement to combat smuggling. It said those investments in staff, including 1,000 Border Patrol Processing Coordinators, are designed to help agents return to their patrol duties. The administration has pushed for more funding, including $4 billion in the recent supplemental request and a budget requesting more funding to combat smuggling and trafficking.

Mayorkas has himself rejected the claim his department has ceded control of the border to the cartels. In July, he told lawmakers his agency is "taking it to the transnational criminal organizations, the cartels that peddle in death and destruction, to an unprecedented degree." He also highlighted stats from operations targeting fentanyl smuggling.

"We seized nearly 2 million pounds of narcotics last fiscal year. Operations Blue, Lotus and Four Horsemen alone stopped nearly 10,000 pounds of fentanyl from the U.S., led to 284 arrests, and yielded invaluable insights into the transnational criminal organizations wreaking this death and destruction on our communities."

He also said that U.S. arrested "more criminals involved in cartel activity than in the prior several years."

DHS has also pushed back against broader criticism from Republicans, accusing them of failing to work with the administration on legislation to fix a "broken" system and calling for more funding for its border operations. It has also repeatedly said that its efforts to expand migrant pathways, work with international partners and reinitiate Title 8 penalties for illegal entry are working, and that FY 2022 saw a record number of removals under both Title 42 and Title 8 authorities.

However, Republican criticism is showing no signs of letting up. Some Republicans have proposed a potential impeachment of the DHS chief, while this week there was an effort in the House to reduce his salary to just $1.

‘Radical’ gambit to kick Trump off ballot sets ‘dangerous precedent,’ Sen Cotton says

Some Democrats who are suggesting invoking the 14th Amendment to oust former President Trump from the 2024 general election ballot are setting "a dangerous precedent," Sen. Tom Cotton, R-Ark., told Fox News Digital.

"They've seen the polling, and they've seen that [Trump’s] indictments haven't done anything to improve Joe Biden’s standing," Cotton said in a Wednesday interview. "So, then, they're taking an even more radical step to try to remove the leading candidate from the opposition party from the ballot."

The 14th Amendment, enacted in 1868 primarily to grant citizenship to former slaves, includes a "Disqualification Clause" that stipulates candidates vying for congressional or presidential office must not have participated in "insurrection or rebellion" against the U.S., or provided "aid and comfort to the enemies thereof."

Cotton said if Democrats believe Trump is "so bad for the country, they need to try to beat him at the ballot box next year, not take the unprecedented and undemocratic step of trying to remove their opponent from the ballot."

SENATE JUDICIARY DEMOCRATS ARE 'A PHALANX OF BODYGUARDS' PROTECTING BIDEN: TOM COTTON

"I've spoken to Republicans who are very strongly in favor of Donald Trump, and others who are very strongly in favor of other candidates — they all agree that the Democrats' step to try to remove the leading candidate of the president's opposition party from the ballot is an unprecedented assault on basic democratic customs," Cotton said.

Sen. Tim Kaine, D-Va., said in an interview Sunday with ABC News that he had floated the prospect of using the 14th Amendment at the time of Trump’s second impeachment inquiry, arguing "it might have been a more productive way to go." 

TOM COTTON SAYS BIDEN'S 'INDECISION' HURTING UKRAINE: 'PUSSYFOOTING AROUND FOR A YEAR AND A HALF'

Meanwhile, Democrat California Rep. Adam Schiff told MSNBC on Sunday the "insurrection" clause "fits Donald Trump to a ‘T’" because of the Jan. 6 Capitol riots.

GOP presidential candidate Asa Hutchinson also said last month the amendment disqualifies Trump from taking office again. 

DEMOCRATS' 14TH AMENDMENT-TRUMP TALK 'ONE OF THE MOST DANGEROUS LEGAL DEVELOPMENTS,' LAW PROFESSOR SAYS

Trump’s campaign previously told Fox News Digital "there is no legal basis" except "in the minds of those who are pushing it" and said such a precedent would "use lawfare to deprive voters of choosing their next president."

Trump is the first former president to face criminal indictment in the U.S. and has pleaded not guilty to dozens of charges, including conspiracy to defraud the United States; conspiracy to obstruct an official proceeding; obstruction of and attempt to obstruct an official proceeding; and conspiracy against rights.

Fox News' Brooke Singman and Charles Creitz contributed to this report. 

Rep Chris Stewart’s ex-staffer wins Utah special election bid to replace him

A former staffer for Rep. Chris Stewart, R-Utah, has all but won her bid to replace him after he resigns later this year.

Celeste Maloy, who served as Sterwart's chief legal counsel in Congress, won a three-way Republican primary election on Thursday ahead of an upcoming special election. With the Republican nomination, she is now the heavy favorite in the special election against Democratic state Sen. Kathleen Riebe in November.

"It’s exciting that we’re going to have somebody come out of this primary that represents rural and southern Utah. I think it’s time for that, and everybody’s ready for it," Maloy said Thursday.

Stewart has served in the House of Representatives for roughly 10 years, but he is resigning in September due to his wife's illness.

ST. GEORGE, UTAH, FACING LAWSUIT AFTER DENYING PERMIT FOR DRAG SHOW AT PUBLIC PARK: ‘VIOLATIONS OF FREE SPEECH’

Maloy credited her win to her campaign's focus on rural areas in Utah.

"I did debates in the rural counties. I showed up and held events in the rural counties," Maloy said. "We decided early on that our strategy was going to be to win the rural counties, and then get as much as we could in the more urban counties."

THE HITCHHIKER’S GUIDE TO MCCONNELL’S HEALTH AND A POTENTIAL GOVERNMENT SHUTDOWN

Maloy's election effort enjoyed a boost from Stewart's own endorsement as well as an endorsement from former Utah U.S. Rep. Rob Bishop.

Stewart is one of three members of the U.S. House of Representatives to voluntarily leave office early this year. Reps. David Cicilline, D-RI, and Donald McEachin, D-Va., also resigned within the past 12 months.

THE IMPEACHMENT BISTRO: REPUBLICANS CONTINUE TO KEEP IMPEACHMENT ON THE MENU

In all, 15 other senators and representatives have announced that they are not running for re-election in 2024, opening up races across the country.

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Maloy will face off against Riebe on Nov. 21.

The Associated Press contributed to this report.

Crystal clear: Forecast for possible government shutdown is murky

I have a parliamentary crystal ball for how September may go on Capitol Hill.

That doesn’t mean I have many answers.

Like most crystal balls, they are limited in their accuracy. They won’t give you the full story. But they will absolutely nail some aspects.

No. The crystal ball cannot definitively predict whether the government will shut down Oct. 1, the start of the federal fiscal year. In fact, information from the crystal ball surrounding that very question is especially cloudy.

THE HITCHHIKER’S GUIDE TO MCCONNELL’S HEALTH AND A POTENTIAL GOVERNMENT SHUTDOWN

Impeachment of President Biden? Or Homeland Security Secretary Alejandro Mayorkas? Or Attorney General Merrick Garland?

Just as hazy.

But the crystal ball does forecast the following:

The Senate will advance a few individual appropriations bills in the coming weeks. And House Speaker Kevin McCarthy, R-Calif., will try to advance a fig leaf, interim spending package that appeases the right. The House Freedom Caucus and other conservative members will demand various provisions that either trim spending, address the border or wrestle with potential impeachment. 

McCarthy’s bill won’t actually be what Congress settles on to fund the government. In fact, one can’t even technically call it a "Continuing Resolution" or "CR" if it cuts funding or addresses ancillary issues important to Republicans. By its nature, a CR sustains funding at present levels so the government doesn’t shutter. But McCarthy will have made his point.

However, what’s murky in the crystal ball is whether McCarthy and House Republicans can later digest a CR from the Senate that doesn’t address any of their priorities just to keep the government funded.

However, the crystal ball is crystal clear about one thing: If the House doesn’t eventually swallow a bipartisan CR from the Senate, there will be a government shutdown.

That’s as definitive as anything we’ve drawn from the crystal ball.

So, here are some of the machinations surrounding a potential government shutdown and possible funding measures over the next four weeks.

The Senate is back from its summer recess a full week ahead of the House. Senate Majority Leader Chuck Schumer, D-N.Y., notes that the Senate cleared 12 appropriations bills in committee before the recess. So, he’ll deposit three of those on the floor soon.

"All 12 appropriations … have been reported out of the committee with bipartisan support. Some of them, many of them, were with unanimous, bipartisan support," said Schumer. "Now, that doesn’t mean everyone agreed on everything. It sometimes means something more important. It means that disagreements haven’t paralyzed the process."

THE IMPEACHMENT BISTRO: REPUBLICANS CONTINUE TO KEEP IMPEACHMENT ON THE MENU

Schumer scored backup from Senate Minority Leader Mitch McConnell, R-Ky.

"Congress needs to address our nation’s most pressing needs with timely appropriations. And we need to keep the lights on come Oct. 1," McConnell said.

Before the recess, the full House OK'd only one of its 12 spending measures. So, this is a chance for the Senate to get ahead of the House and inoculate it from criticism it hasn’t passed any appropriations bills.

But Schumer understands the stark reality. No matter what, the solution to averting a government shutdown is for the House and Senate to pass some sort of interim spending bill that keeps the federal lights on for a few weeks, if not a couple months. And the only tangible recipe to make that work? A Band-Aid bill can only pass with a coalition of Democrats and Republicans.

McCarthy doesn’t need a crystal ball to understand that a bipartisan, temporary bill is the route too. He’s indicated to House Republicans a stopgap bill is necessary right away, asserting that the GOP will fight for deep spending cuts with the "real" bills later.

But McCarthy hasn’t addressed something else that is clear in the crystal ball. It remains unsaid because it’s politically radioactive: A clean CR likely requires a substantial chunk of Democratic votes in the House. In fact, it may score far more Democratic votes than GOP votes.

"We all agreed a CR is the best way to go," Schumer said of a meeting he had with McCarthy about government funding. "He’s going to have a rough time implementing it."

That’s why a clean CR with substantial Democratic support is politically the most malignant bill to McCarthy.

House conservatives will bray if McCarthy defaults to that position – even if he goes through the proper motions to appeal to the right on impeachment, spending cuts or border policy. However, McCarthy likely needs to embrace some of these appeals by the right if he wants to stay in good graces with the House Freedom Caucus.

But the second McCarthy dials back from those positions …

If he dials back from those positions …

That’s why the crystal ball can’t predict if there might be a government shutdown.

This boils down to the math.

The current breakdown in the House features 222 Republicans to 212 Democrats with one vacancy. In other words, Republicans can only lose four votes from their side and still pass a bill without Democratic assistance. More Democrats voted for the debt ceiling pact with President Biden in the spring than Republicans. And conservatives haven’t let McCarthy forget it.

But it gets worse for the GOP.

House Majority Leader Steve Scalise, R-La., could miss some time for his cancer treatments. And Rep. Chris Stewart, R-Utah., resigns effective Sept. 15. So, that could mean Republicans are effectively operating with only 220 members. That drops the GOP margin to three votes.

The biggest roadblock for putting any piece of legislation on the House floor is what’s known as the "rule." The House Rules Committee is the gateway for most bills to get to the floor. The Rules Committee and the entire House must first adopt a "rule" before considering legislation. The rule determines the parameters for debate on a given bill. But if the Rules Committee or entire House fails to approve a rule, the bill can’t come up for debate.

This could be nettlesome for McCarthy with Ralph Norman, R-S.C., Chip Roy, R-Texas, and Thomas Massie, R-Ky., serving on the Rules Committee.

That said, there is a way to skate around the Rules Committee on a CR that simply renews all old funding on a temporary basis.

The House can bypass the Rules Committee by putting a "privileged" Continuing Resolution on the floor after Sept. 15. "Privileged" means the resolution is written in a manner that whisks it to the front of the legislative line. 

Granted, such a "privileged" CR is subject to multiple points of order on the floor. That could be messy enough. But such an option to skip a step does exist in the House quiver.

Will that scenario unfold?

The crystal ball has not even considered the "privileged" CR option because it is obscure.

So, what’s going to happen? I have no idea. And frankly, neither does the crystal ball.

This poses a salient question: If the crystal ball can’t foretell what’s going to happen in Congress, what good is it?

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I asked the crystal ball about its future in congressional soothsaying.

The response? Foggy at best.

Wisconsin Democrats launch $4M ad blitz targeting GOP lawmakers considering impeachment of new liberal justice

Wisconsin Democrats are launching a $4 million ad blitz over the next several weeks to target GOP lawmakers that are considering whether to pursue the impeachment of a new liberal justice. 

Justice Janet Protasiewicz's ascension to the Wisconsin Supreme Court created a new 4-3 liberal majority, jeopardizing Republican-drawn state legislative maps and risking the repeal of a 173-year-old state law that bans abortion. The statute became active again after the U.S. Supreme Court overturned Roe v. Wade last year.

The Wisconsin Democratic Party on Wednesday launched a $4 million effort to pressure Republicans to back down from impeaching Protasiewicz. 

After investing nearly $10 million in electing the liberal justice, the effort is meant to protect what Democrats hailed as a major political victory. The new $4 million effort, which leaders said will grow to include other groups, will include digital and television ads, in-person voter outreach and a website that tracks where every Republican lawmaker stands on impeachment.

WISCONSIN OFFICIALS BLOCKED FROM USING FEDERAL VOTER REGISTRATION FORM

"Politicians should not be overturning elections because they don’t like the results or the outcome," said Democrat Senate Minority Leader Melissa Agard at a press conference outside the state capitol. "And we cannot let Robin Vos and Wisconsin’s Republicans get away with this unconstitutional, unprecedented power grab in our state."

"Republicans are holding a political nuclear football," Wisconsin Democratic Party Chair Ben Wikler said, deeming the threat of impeachment had amounted to "political extortion."

Republican Assembly Speaker Robin Vos, who has been the most outspoken about possible impeachment, said the effort only proves that the party's and Protasiewicz's interests "are one and the same."

During the campaign, Protasiewicz spoke in favor of abortion and called GOP-drawn maps "unfair" and "rigged." Justices for the Wisconsin Supreme Court are officially nonpartisan, but the candidates have long aligned along partisan lines. Republicans have raised impeachment as a possibility if Protasiewicz does not recuse herself from consideration of two redistricting lawsuits filed in her first week in office last month. The GOP-controlled legislature asked for her to step aside from the cases.

Protasiewicz on Tuesday gave attorneys until Sept. 18 to react to the fact that the Wisconsin Judicial Commission, which investigates complaints against judges, dismissed complaints against her that alleged her campaign comments on redistricting violated the state judicial code.

SUPREME COURT JUSTICES RULE STATE LAWMAKERS DO NOT HAVE EXCLUSIVE CONTROL OVER ELECTIONS IN KEY DECISION

A lawsuit in a county court seeking to overturn Wisconsin’s 1849 abortion ban was filed before Protasiewicz won the election. That case is expected to eventually reach the Wisconsin Supreme Court. The legislative electoral maps drawn by the Republican-controlled legislature in 2011 cemented the party’s majorities, which now stand at 65-34 in the Assembly and a 22-11 supermajority in the Senate. It would take only 50 votes to impeach. It takes 22 votes to convict in the Senate, the exact number of seats Republicans hold.

If the state Senate moves forward to convict Protasiewicz on impeachment charges and remove her from her position before Dec. 1, Wisconsin Gov. Tony Evers, a Democrat, would be required to announce a replacement. That person would face voters next April when the GOP presidential primary would also be on the ballot, the New York Times reported. 

Though there is not much precedent for an impeachment, the state constitution limits reasons to impeach a sitting officeholder to corrupt conduct in office or the commission of a crime.

The escalating fight over her seat has implications for the 2024 presidential election in the battleground state.

In 2020, the conservative-controlled Supreme Court came within one vote of overturning President Biden's win in the state. More fights over election rules that will be in place for the 2024 election are pending and any disputes over the winner could be decided once again by the state Supreme Court.

The Associated Press contributed to this report.

GOP reps Tenney, Roy lead push to reduce Mayorkas’ salary to $1 over border crisis

FIRST ON FOX: Republican lawmakers in the House are proposing an amendment that would reduce Homeland Security Secretary Alejandro Mayorkas’ salary to just $1, as Republicans continue to increase pressure on the DHS chief for the ongoing migrant crisis at the southern border.

Reps. Claudia Tenney, R-NY, and Chip Roy, R-Texas, are leading the push to include an amendment to the Homeland Security appropriations bill that would reduce Mayorkas’ salary to $1.

The amendment would use the so-called Holman rule, which allows lawmakers to cut the salaries of federal officials. Republicans have zeroed in on Mayorkas over the ongoing crisis at the southern border, where numbers have again increased in recent months. Conservatives say the crisis has been created and fueled by the policies of the administration.

WHITE HOUSE BLASTS GOP FOR LOOMING SHUTDOWN, SAYS IT COULD HURT FENTANYL FIGHT

"None of the funds made available by this Act may be used to pay Secretary Alejandro Nicholas Mayorkas a salary that exceeds $1," the amendment states.

"Secretary Mayorkas should not be paid hundreds of thousands of tax dollars to continually fail to protect American taxpayers from threats crossing our borders," Tenney said in a statement to Fox News Digital. "Thanks to Secretary Mayorkas’ work, or lack thereof, there have been at least 5.8 million illegal crossings of our southern border since Biden took office, turning all our communities into border communities." 

‘If the President is refusing to fire him for his dereliction of duty, his salary must reflect his failures," she said.

"It’s time to end this border crisis once and for all. The American people have no obligation to keep paying a federal official who refuses to do his job and uphold his oath, and that's why we should zero out Mayorkas' salary," Roy said in a statement. "I’m glad to work with Rep. Tenney in this fight to regain operational control of the border."

Co-sponsors on the amendment include Reps. Derrick Van Orden, R-Wis., Jeff Duncan, R-S.C., Russell Fry, R-S.C., Scott DesJarlais, R-Tenn., Bill Posey, R-Fla., Carol Miller, R-W.Va., Ryan Zinke, R-Mont., and Harriet Hageman, R-Wyo.

The move marks the latest effort by Republicans in relation to the administration's handling of the migrant crisis, which has seen record high numbers at the border, and has become an increasingly difficult political issue for the administration as migrants have also been overwhelming "sanctuary" cities like New York City and Chicago.

Republicans have blamed the administration’s policies, including its reversal of Trump-era policies including border wall construction and the Remain-in-Mexico policy. They have also blasted the expansion of releases of migrants via humanitarian parole and what they have called "catch-and-release."

14 TEXAS REPUBLICANS JOIN ROY IN CALL FOR DHS FUNDING FREEZE: ‘NO BORDER SECURITY, NO FUNDING’

Some Republicans have called for Mayorkas’ impeachment, and the House Homeland Security Committee issued a report accusing him of an "intentional" dereliction of duty and of implementing a "radical open-borders agenda."

DHS CALLS FOR IMPROVEMENTS TO NYC'S MIGRANT CRISIS OPERATIONS AS ADAMS PUSHES BACK 

Roy has been one of the fiercest critics of Mayorkas, and last month called for lawmakers to stop funding DHS altogether until steps are taken to secure the border. Meanwhile, conservatives in the chamber are calling for a sweeping border and asylum reform bill to be included in any continuing resolution that would keep the government open past Sept. 30.

The Biden administration has defended Mayorkas and has pushed back against GOP criticism, saying the agency needs more funding from Congress and for it to pass a comprehensive immigration bill that it introduced on day one to fix what it says is a "broken" system that has not been updated in decades. That legislation has been rejected by Republicans in part due to the inclusion of a pathway to citizenship for millions of illegal immigrants. The White House recently requested an additional $4 billion for border and immigration as part of its supplemental funding request.

A DHS spokesperson emphasized those calls for more congressional action on Wednesday in a statement to Fox News Digital. 

"While the House Majority has wasted months trying to score points with baseless attacks, Secretary Mayorkas has been doing his job and working to keep Americans safe," the spokesperson said. "Instead of continuing their reckless charades and attacks on law enforcement, Congress should work with us to keep our country safe, build on the progress DHS is making, and deliver desperately needed reforms for our broken immigration system that only legislation can fix."