Category: fox-news/politics/executive/homeland-security

Biden torched by Republicans for tougher immigration rule ahead of November election

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Republicans slammed President Biden for a newly proposed Department of Homeland Security rule that they claim is just an election-year move to help him in a close match with former President Trump. 

"Biden is announcing these new rules on criminal migrants because they have released migrants with links to terrorism into America and are now scrambling to cover themselves in case we have an attack before the election," said Sen. Marco Rubio, R-Fla., on X, formerly Twitter.

DHS announced the proposed rule change, which would move up "statutory bars to asylum" in the evaluation process, last week. 

DEMS PLAN TO REVIVE BORDER BILL REJECTED BY REPUBLICANS AHEAD OF NOVEMBER ELECTION

A DHS official told Fox News Digital that the proposed rule would not change any eligibility standards but would only move the assessment of security threats up in the process. 

"This rule would enable DHS to more quickly remove those who are subject to the bars and pose a risk to our national security or public safety," read a press release from the department. 

"During his first 100 days, President Biden took 94 executive actions to OPEN the border," wrote Sen. Shelley Moore Capito, R-W.Va., on X. "Now, just months before an election, he finally took an obvious step that should have been taken years ago."

She called the move "small and necessary," but claimed, "It does nothing to address the larger border crisis he created."

SCHUMER MAY LET CONTROVERSIAL BIDEN NOMINEE WITH 'PROBLEMATIC' TIES QUIETLY EXPIRE: EXPERT

This sentiment was echoed by Sen. James Lankford, R-Okla., who said on X: "Less than 6 months before an election, he is attempting 1 small change the narrative on our chaotic border – they already have the authority to do so much more, but they won’t." 

The White House did not provide comment to Fox News Digital over the criticism. 

VULNERABLE DEMOCRATIC SENATOR BACKS LAKEN RILEY IMMIGRATION BILL AHEAD OF TOUGH RE-ELECTION IN RED STATE

While Republicans were suspicious of the Biden administration's motivations for the change, not every Democrat was happy with it either. 

An advocate for the rights of asylum-seekers, Sen. Alex Padilla, D-Calif., said on X: "I’m closely reviewing the Administration’s proposed rule. Concerned that moving the asylum bars to the initial credible fear interview stage risks returning legitimate asylum seekers to danger."

"To improve the asylum system we must fully fund it and provide access to counsel," he added. 

"The proposed rule we have published today is yet another step in our ongoing efforts to ensure the safety of the American public by more quickly identifying and removing those individuals who present a security risk and have no legal basis to remain here," Homeland Security Secretary Alejandro Mayorkas said in a statement regarding the rule. "We will continue to take action, but fundamentally it is only Congress that can fix what everyone agrees is a broken immigration system."

BIDEN ADMINISTRATION GRANTED SANCTIONS RELIEF TO ARAB NATIONS JUST BEFORE PRESIDENT'S ISRAEL AID THREAT

Mayorkas recently made history by becoming only the second Cabinet official to be impeached, with the House passing two articles against him. The previous Cabinet-level impeachment occurred more than 100 years prior. However, the secretary was not removed from office as Senate Democrats were able to swiftly dismiss the articles upon delivery. 

The proposal comes just months ahead of the presidential election in November, which is shaping up to be a close rematch between Biden and Trump. 

Senate Majority Leader Chuck Schumer, D-N.Y., is also seeking to shift attention back to the border in the legislature, where he is strongly considering reviving a border bill that nearly all Republicans opposed, per a source familiar. 

Several incumbent Democratic senators face significant challenges in the upcoming elections, where the party will fight to hold onto its Senate majority. 

DHS docs reveal where paroled migrants under controversial Biden flight program are landing

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EXCLUSIVE: Department of Homeland Security (DHS) data is revealing the more than 45 cities in the U.S. that hundreds of thousands of migrants have flown into via a controversial parole program for four nationalities — with the vast majority entering the U.S. via airports in Florida.

During an eight-month period from January through August 2023, roughly 200,000 migrants flew into the U.S. via the program. Of those, 80% of them, (161,562) arrived in the state of Florida in four cities: Miami, Ft. Lauderdale, Orlando and Tampa Bay, according to DHS data obtained via a subpoena by the House Homeland Security Committee and provided to Fox News.

The policy was first announced for Venezuelans in October 2022, which allowed a limited number to fly or travel directly into the U.S. as long as they had not entered illegally, had a sponsor in the U.S. already, and passed certain biometric and biographical vetting. The program does not itself facilitate flights, and migrants are responsible for their own travel.

‘ILLEGAL PROGRAM': GOVERNOR VOWS TO FIGHT BIDEN FLYING MIGRANTS INTO US

In January 2023, the administration announced that the program was expanding to include Haitians, Nicaraguans and Cubans and that the program would allow up to 30,000 people per month into the U.S. It allows for migrants to receive work permits and a two-year authorization to live in the U.S. and was announced alongside an expansion of Title 42 expulsions to include those nationalities. By the end of February 2024, more than 400,000 nationals have arrived under the parole program, according to Customs and Border Protection (CBP) data.

DHS Secretary Alejandro Mayorkas recently said the program is a "safe and orderly way to reach the United States" and has "led to a reduction in numbers of those nationalities."

"It is a key element of our efforts to address the unprecedented level of migration throughout our hemisphere, and other countries around the world see it as a model to tackle the challenge of increased irregular migration that they too are experiencing," Mayorkas said.

CLICK HERE FOR MORE IMMIGRATION COVERAGE

The top 15 cities migrants flew into during the eight-month window are:

1) Miami, Florida: 91,821

2) Ft. Lauderdale, Florida: 60,461

3) New York City, New York: 14,827

4) Houston, Texas: 7,923

5) Orlando, Florida: 6,043

6) Los Angeles, California: 3,271

7) Tampa, Florida: 3,237

8) Dallas, Texas: 2,256

9) San Francisco, California: 2,052

10) Atlanta, Georgia: 1,796

11) Newark, New Jersey: 1,498

12) Washington, D.C.: 1,472

13) Chicago, Illinois: 496

14) Las Vegas, Nevada: 483

15) Austin, Texas: 171

DHS also revealed in the subpoena response that as of October 2023, there were about 1.6 million applicants waiting for DHS approval to fly to the U.S. via the parole program.

DHS said in its subpoena response, "All individuals paroled into the United States are, by definition, inadmissible, including those paroled under the CHNV processes."

Homeland Security Committee Chair Mark Green, argues that the program exceeds parole powers put in place by Congress. The authority is to be used on a "case-by-case basis for urgent humanitarian reasons or significant public benefit."

MAYORKAS CALLS POLICY TO LET 30K MIGRANTS FLY IN EACH MONTH A ‘KEY ELEMENT’ OF BORDER AFTER LEGAL WIN

"These documents expose the egregious lengths Secretary Mayorkas will go to ensure inadmissible aliens reach every corner of the country, from Orlando and Atlanta to Las Vegas and San Francisco," he said in a statement. "Secretary Mayorkas’ CHNV parole program is an unlawful sleight of hand used to hide the worsening border crisis from the American people. Implementing a program that allows otherwise inadmissible aliens to fly directly into the U.S. — not for significant public benefit or urgent humanitarian reasons as the Immigration and Nationality Act mandates — has been proven an impeachable offense." 

He then made reference to the House's efforts to impeach Mayorkas. The chamber impeached him, but the Senate has not held a trial on the articles.

"Following our subpoena and the House’s impeachment vote — especially in light of the Senate's complete failure to fulfill its duty to hold a trial — the Committee will not rest until this administration is finally held accountable for its open-borders agenda and its devastating impact on our homeland security," he said.

Green's arguments against the program have been echoed in a lawsuit by multiple states, who have sued to block the program. The 20 states argued that it "amounts to the creation of a new visa program that allows hundreds of thousands of aliens to enter the United States who otherwise have no basis for doing so."

The lawsuit was struck down by a district judge, but states have appealed. Florida Gov. Ron DeSantis’ administration has repeatedly said it is confident the lawsuit will ultimately be successful.

"Biden's parole program is unlawful, and constitutes an abuse of constitutional authority. Florida is currently suing Biden to shut it down, and we believe that we will prevail," press secretary Jeremy Redfern told Fox News. 

DHS has said that those who enter the U.S. under the program undergo and clear a "robust security vetting" as well as other eligibility criteria. 

"These processes are publicly available online, and DHS has been providing regular updates on their use to the public. These processes are part of the administration’s strategy to combine expanded lawful pathways with stronger consequences to reduce irregular migration, and have kept hundreds of thousands of people from migrating irregularly," a spokesperson told Fox News Digital this month.

Democrat lawmakers who pushed Trump impeachment sing different tune on Biden border chief

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Some lawmakers in Washington, D.C., who pushed for the impeachment of former President Donald Trump sang a different tune as they threw out articles of impeachment against Department of Homeland Security Secretary Alejandro Mayorkas on Wednesday.

Both articles of impeachment against President Biden's Homeland Security secretary were deemed unconstitutional by the Senate on Wednesday in two party-line votes.

The first article alleged Mayorkas engaged in the "willful and systemic refusal to comply with the law" regarding the southern border in his capacity as DHS secretary, while the second claimed Mayorkas breached public trust.

Majority Leader Chuck Schumer, D-N.Y., proposed a point of order declaring the first article unconstitutional, to which the majority of senators agreed following several failed motions by Republicans. It was then deemed unconstitutional with a vote of 51-48, with Sen. Lisa Murkowski, R-Alaska, voting present. 

INSIDE GOP PLAN TO FORCE AS MANY VOTES ON MAYORKAS IMPEACHMENT TRIAL AS POSSIBLE

The second article was deemed unconstitutional as well, with a party line vote of 51-49. This time Murkowski rejoined the process.

"The decision by the Senate to reject House Republicans’ baseless attacks on Secretary Mayorkas proves definitively that there was no evidence or Constitutional grounds to justify impeachment," DHS spokesperson Mia Ehrenberg told Fox News Digital on Thursday.

 "As he has done throughout more than 20 years of dedicated public service, Secretary Mayorkas will continue working every day to enforce our laws and protect our country. It’s time for Congressional Republicans to support the Department’s vital mission instead of wasting time playing political games and standing in the way of commonsense, bipartisan border reforms," Ehrenberg added. 

After the vote, Schumer turned to X to say, "Impeachment should NEVER be used to settle policy disagreements."

"If the GOP spent a fraction of the effort they spent on this meritless impeachment towards working with Democrats on border reform, we might have passed the bipartisan border bill," he said. "But Trump told his GOP allies in Congress to kill it. Trump even said: ‘Please, blame it on me.’"

‘CONSTITUTIONAL AUTHORITY’ OF SENATE DEMS QUASHING MAYORKAS IMPEACHMENT TRIAL QUESTIONED BY EXPERTS

Senate Republicans blocked the Biden-backed border bill earlier this year because they said it didn't address what's fueling the crisis. 

"They put forward this legislation, ask for more authority, more funds, and frankly, more flexibility — and they say if we don't go for it, Republicans are now responsible for the crisis at the southern border. It's preposterous," Sen. Bill Hagerty, R-Tenn., said back in February. 

Trump campaign spokesperson Karoline Leavitt fired back in a statement to Fox News Digital, saying, "Crooked Joe Biden and Secretary Mayorkas reversed President Trump's effective border policies have allowed a border invasion of more than 14 million illegal criminals, murderers, rapists, and even known terrorists into our country. They must be held accountable. In November, President Trump will fire Crooked Joe Biden and Mayorkas and secure the southern border on day one." 

When it came to Trump’s impeachment in 2021, Schumer sang a different tune.

The House impeached Trump for a second time in January 2021 after 10 Republicans abandoned the former president and joined Democrats.

RASKIN SAYS TRUMP'S REFUSAL TO TESTIFY AT IMPEACHMENT SUPPORTS ‘HIS GUILT’

Schumer said at the time, "I regret to say for 45 Republican senators to vote for a spurious constitutional objection to the coming impeachment trial was deeply, deeply irresponsible."

During the Trump impeachment trial, Sen. Chris Murphy, D-Conn., broke from Schumer and said he believed the Senate had a responsibility to hold an impeachment trial but that it was an open question of whether the trial was constitutional.

But on the matter of Mayorkas, Murphy called the impeachment "bs."

"Republicans only see the border as a campaign issue," Murphy posted on X. "They don't want to solve the problem. They could have worked with us to pass the bipartisan border security bill. Instead, they wasted time on this bs impeachment, which doesn't solve the problem - just keeps it in the news."

Murphy and Schumer did not respond to Fox News Digital's request for comment on the impeachment.

40 HOUSE DEMOCRATS JOIN LEGISLATION TO BAR TRUMP FROM PUBLIC OFFICE

SENATE PREPARES FOR MAYORKAS IMPEACHMENT ARTICLES WHILE GOP BRACES FOR POSSIBLE DISMISSAL MOTION

Sen. Tom Cotton, R-Ark., told Fox News at the time of the Trump impeachment that the process was "plainly unconstitutional."

Cotton joined several other Senate Republicans in signing a letter last week, lobbying for Schumer to hold a full impeachment trial for Mayorkas.

The Republican lawmakers said in the letter, "The American people deserve to hear the evidence through a Senate trial in the Court of Impeachment."

Cotton could not be reached for comment on Wednesday regarding the latest ruling in the Senate for Mayorkas and how it differs from Trump’s impeachment process.

Fox News Digital's Julia Johnson and Jamie Joseph contributed to this report.

Lawmakers berate Mayorkas on Laken Riley murder: ‘Your policies in action’

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Republican lawmakers on Thursday tore into Homeland Security Secretary Alejandro Mayorkas over the release of the Venezuelan illegal immigrant now charged with the murder of Georgia nursing student Laken Riley -- accusing the agency of having released him into the U.S. unlawfully.

Lawmakers grilled the embattled secretary on Jose Ibarra, an illegal immigrant from Venezuela, who is accused of killing Riley on Feb. 22, while she was jogging at the University of Georgia in Athens.

Immigration and Customs Enforcement (ICE) confirmed with Fox News Digital previously that U.S. Customs and Border Protection (CBP) had encountered Ibarra on Sept. 8, 2022, and he had been "paroled and released for further processing."

HAITIAN MIGRANT CHARGED WITH RAPE OF 15-YEAR-OLD GIRL ENTERED VIA CONTROVERSIAL PAROLE PROGRAM: SOURCES 

But lawmakers cited the parole case file showing that Ibarra had been released due to an alleged lack of detention space – although some conservatives have pointed to data showing that ICE was not near maximum capacity at the time of Ibarra's release. The statute governing parole, however, says that releases are only allowed due to urgent humanitarian reasons or "significant public benefit." Republicans have accused the administration of abusing parole with its broad policies at the border, saying that the paroles often do not meet these criteria.

Ranking Member Rand Paul asked Mayorkas about Ibarra’s release and about the legality of the basis for his parole. Mayorkas said that he would not comment on the case.

"All our hearts break for the family of Miss Riley. Secondly, the perpetrator of this heinous criminal act needs to meet justice to the fullest extent of the law. And I will not comment on the particulars of the case, because the matter is being prosecuted by authorities now," he said.

When Paul followed up, including asking the secretary if he was pleading the Fifth, Mayorkas said "I have provided my answer" but later expanded.

"There are different bases for parole. I am not a legal expert in this regard, but let me assure you that when an individual is encountered at the border, and they are deemed to be at the time of encounter a threat to public safety or national security, they are a priority for detention," he said. "If not, they receive a notice to appear and are placed in immigration enforcement proceedings. The number of individuals encountered at the border exceed the number of beds available in our detention facilities. That is not something specific to this administration."

But Sen. Josh Hawley, R-Mo., then turned up the heat by reading directly from the parole file, which lawmakers had obtained. He also revealed that Ibarra had been given a work permit, despite having been accused of a crime against a child in New York and having the charges later expunged by local authorities.

"Nothing is done to this guy. He had a criminal record to start with, he's in the country on illegal grounds. You have falsely and illegally allowed him in. He committed a crime against a child. He's not prosecuted, it's expunged. In November, get this, in November, Ibarra files an application for employment authorization. And unbelievably, on December 9, 2023, it's approved," he said.

"So this is your policies [sic] in action, Mr. Secretary," he said.

JIM JORDAN ACCUSES MAYORKAS OF WITHHOLDING FILES OF ALLEGED ILLEGAL IMMIGRANT CRIMINAL

"I am confident that justice will be vindicated in the criminal prosecution of the case," Mayorkas responded, which led Hawley to make a reference to the recent impeachment effort against Mayorkas.

Well, hopefully he'll get more of a trial than you got," he said. "Otherwise, there'll be no justice for anyone at all." 

Separately, Sen. Roger Marshall, R-Kansas, raised the CHNV (Cuban, Haitian, Nicaraguan and Venezuelan) parole program, which allows up to 30,000 migrants a month to fly or travel directly into the U.S. via parole.

"Why are you mass importing tens of thousands of Venezuelans into our country via parole, knowing they can't be deported, because Venezuela isn't exactly accepting removal flights? He asked him.

CLICK HERE FOR MORE COVERAGE OF THE BORDER SECURITY CRISIS

"We are not doing that, senator," Mayorkas said. "The term ‘importation’ is incorrect."

Mayorkas also said it was false to say that Venezuela won’t take return flights.

"So, why do you say it's not correct when it's been suspended? That's why Americans don't trust you," Marshall fired back.

Fox News' Aubrie Spady and Greg Wehner contributed to this report.

House to deliver Mayorkas impeachment articles to Senate after GOP-led hearing on Capitol Hill

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The House of Representatives is set to transfer articles of impeachment against Homeland Security Secretary Alejandro Mayorkas to the Senate on Tuesday afternoon, right after the Biden administration official testifies at a GOP-led hearing on Capitol Hill.

House impeachment managers are expected to walk the two House-passed articles to the Senate around 2:15 p.m. Tuesday, Speaker Mike Johnson’s office told Fox News Digital. 

READ MORE IMMIGRATION COVERAGE FROM FOX NEWS DIGITAL

Earlier that morning, Mayorkas is slated to appear at what is likely to be a contentious hearing before the House Homeland Security Committee to testify about President Biden’s fiscal year 2024 request for his department.

Eight of the 11 impeachment managers Johnson appointed are on the committee, including Chairman Mark Green, R-Tenn.

They were originally supposed to make the ceremonial trip last Wednesday, but Johnson delayed that at the request of GOP senators who asked that the date be moved so they could have more time to build a case.

3 SEPARATE ARRESTS AT SOUTHERN BORDER REVEAL HUMAN SMUGGLING ATTEMPTS, DISCOVERY OF FAKE ID CARDS: CBP

In February, the House passed two articles of impeachment against Mayorkas in a narrow 214-213 vote, both stemming from GOP-led fury over his and President Biden’s handling of the border crisis.

One accused him of having "refused to comply with federal immigration laws" and the other of having violated "public trust." A Fox News analysis found that 7.2 million people crossed the border illegally since Biden took office, a bigger number than the populations of 36 individual states.

A Cabinet secretary has not been impeached by the U.S. Congress since 1876.

REPUBLICANS NEGLECT THE BORDER, BUT CAN'T IGNORE NATIONAL SECURITY

Senate Majority Leader Chuck Schumer, D-N.Y., has criticized the House GOP’s impeachment push but vowed to move forward expediently. He renewed that vow last week when Johnson delayed the transfer, telling reporters, "We’re ready to go whenever they are. We are sticking with our plan. We’re going to move this as expeditiously as possible."

But Republicans in the House and Senate have expressed concern that Schumer will move to quickly dismiss the case without a trial. 

Afghan man on terror watchlist apprehended by ICE

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An Afghan national who is on the U.S. terror watchlist is back in custody Friday, the Department of Homeland Security said, after he was previously captured at the U.S.-Mexico border and released twice onto American soil. 

Mohammed Karwan is a member of Hezb-e-Islami, a group responsible for attacks in Afghanistan that killed at least nine American soldiers and civilians from 2013 to 2015, the terror watchlist indicates, NBC reported.

Karwan was first apprehended in March 2023 after crossing into the U.S. illegally near San Ysidro, California.  

DHS officials tell Fox News that Karwan was not on the terror watchlist during that arrest and was referred to ICE, which released him on ATD – alternatives to detention. At the time of his apprehension, "there was not conclusive information" to match him to the FBI’s Terrorism Watch List, the officials said.

REPUBLICAN GOVERNOR SIGNS BILL ALLOWING LOCAL AUTHORITIES TO ARREST CERTAIN MIGRANTS, ‘ENFORCE IMMIGRATION LAWS’

Eleven months later, in February 2024, Karwan was officially added to the FBI terror watchlist after "derogatory" new information was developed on him, multiple DHS sources told Fox News. Immigration and Customs Enforcement was notified, and ICE arrested him in San Antonio in February, the sources said.

Two weeks ago, during a court appearance, DHS prosecutors did not tell the federal immigration judge that the Afghan was on the terror watchlist or a possible national threat, only arguing that he was a possible flight risk. DHS cannot disclose what they do or don’t say in court, and is limited in what the department can tell a judge, senior DHS officials told Fox News.

The judge ordered him released on bond, according to a source familiar with the matter. 

MORE THAN 40 SENATE REPUBLICANS CALL FOR MAYORKAS IMPEACHMENT TRIAL IN LETTER TO SCHUMER

As of Friday, Karwan has been taken into custody again with a court appearance set for next year. 

Homeland Security told Fox News late Thursday night that "law enforcement has been tracking the matter closely to protest against public safety risks" and "the individual is currently in U.S. custody."

"DHS takes seriously its responsibility to ensure that those who enter the country don’t pose a threat to our national security. If an individual poses a threat to national security or public safety, we deny admission, detain, remove, or refer them to other federal agencies for further vetting, investigation and/or prosecution as appropriate," a DHS spokesperson also said. "Vetting is a point-in-time check that evaluates information available to the U.S. Government at that time. If individuals who have entered the country are later found to be associated with information indicating a potential national security or public safety concern, DHS and our federal partners have procedures in place to investigate and take appropriate act."

The U.S. National Counterterrorism Center describes "Hezb-e-Islami, or ‘Party of Islam,’" as a "political and paramilitary organization in Afghanistan founded in 1976 by former Afghan prime minister Gulbuddin Hekmatyar, who has been prominent in various Afghan conflicts since the late 1970s."Hezb-e Islami Gulbuddin (HIG) is an offshoot of that original Hezb-e-Islami, and is a virulently anti-Western insurgent group whose goal is to replace the Western-backed Afghan Government with an Islamic state rooted in sharia in line with Hekmatyar’s vision of a Pashtun-dominated Afghanistan," it adds. "His group conducts attacks against Coalition forces, Afghan Government targets, and Western interests in Afghanistan."

Fox News’ David Spunt and Madeleine Rivera contributed to this report.

Mayorkas deflects when asked if ‘above 85%’ of illegal immigrants are released into the US

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Homeland Security Secretary Alejandro Mayorkas deflected questioning Wednesday on Capitol Hill when he was asked about a Fox News Digital article stating that he has admitted to Border Patrol agents that the current rate of release for illegal immigrants apprehended at the U.S. border is "above 85%." 

Rep. Michael Guest was grilling Mayorkas about the statistic during a House Appropriations Committee hearing on Homeland Security’s fiscal year 2025 budget request. 

"It was reported in January of this year that at a meeting with Border Patrol agents that you said that the current rate of release for illegal immigrants apprehended at the southwest border is above 85%. One, did that conversation take place and two, is that number accurate?" the Republican from Mississippi asked Mayorkas. 

"Congressman, I'm not familiar with that number and I'm not certain to which conversation you refer. I have visited the border so very many times," he responded. "Perhaps some additional details would guide me in responding your question accurately." 

MAYORKAS TELLS BORDER PATROL AGENTS THAT ‘ABOVE 85%’ OF ILLEGAL IMMIGRANTS RELEASED INTO US: SOURCES 

Guest then read Mayorkas the opening paragraphs from the Fox News Digital report, which said he "made the remarks when meeting privately with agents in Eagle Pass, Texas, according to three Border Patrol sources who were in the room and heard the remarks themselves." 

"Congressman, I'll be pleased to provide you with the data points, and certainly I don't view that article as a transcript," Mayorkas said. 

GOP PLANS TO GRIND SENATE TO A HALT IF DEMOCRATS TABLE MAYORKAS IMPEACHMENT TRIAL 

"So you're not disputing this article? You're not saying that that number is artificially high? You're just saying at this point that you don't have that number here to either admit or deny the 85% that it was alleged there in the article?" Guest then asked. 

"I cannot confirm, and I will do so," Mayorkas said. 

The exchange comes as Republican senators are gearing up to prevent all legislative business in the Senate from going forward if they don't get a full trial into the articles of impeachment against Mayorkas. The House voted to impeach Mayorkas in February. 

Five sources told Fox News Digital that roughly a dozen GOP senators have been planning for more than a week to obstruct legislative proceedings and regular business in the Senate if, at a minimum, points of order are not agreed to in the impeachment trial of Mayorkas when the House impeachment managers deliver the articles to Senate Majority Leader Chuck Schumer, D-N.Y. 

Fox News’ Julia Johnson contributed to this report. 

The Hitchhiker’s Guide to Mayorkas’s impeachment trial

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We’ve seen impeachment trials a lot on Capitol Hill in recent years. The Senate conducted two impeachment trials of former President Trump in early 2020 and early 2021.

But no living American has ever witnessed the impeachment trial which is about to begin in the United States Senate.

Blink and you might miss it.

The House impeached Homeland Security Secretary Alejandro Mayorkas in February. The House accuses Mayorkas of not following the law when it comes to securing the border and lying to Congress. Mayorkas became only the second cabinet secretary ever impeached. The first was Secretary of War William Belknap in 1876. Senate Majority Leader Chuck Schumer, D-N.Y., hasn’t tipped his hand yet on how he’ll handle the articles, but Schumer is expected to move to dismiss or table the articles. The Senate must vote to do that. If all 51 senators who caucus with the Democrats vote to punt, they can extinguish the trial quickly.

ABBOTT SENDS BIDEN MESSAGE AS TEXAS NATIONAL GUARD REINFORCES BORDER RAZOR FENCING

But don’t expect Republicans to go quietly.

House Speaker Mike Johnson, R-La., says the Senate is obligated to conduct a full trial of Mayorkas and render judgment. Sen. Mike Lee, R-Utah, and other Republicans may try to elongate the trial. They argue that senators have a constitutional obligation to listen to arguments for and against impeachment. So expect them to make points of order – possibly forcing the Senate to vote – to consider the articles. However, Senate Democrats can euthanize each of those points of order – if they stick together and table each of the GOP motions.

Still, the trial might not last long. But here’s the minimum which must unfold on the Senate floor over the coming days.

Expect the following:

The House voted to impeach Mayorkas by a solitary vote in February. The House failed in its first effort to impeach after Rep. Al Green, D-Tex., materialized unexpectedly (directly from the hospital) and foiled the GOP’s plans. After a second vote to impeach, the House then appointed 11 impeachment "managers." They serve as de facto "prosecutors," presenting the House’s case to the Senate. House Homeland Security Committee Chairman Mark Green, R-Tenn., serves as the lead impeachment manager. All 100 senators will sit as "jurors" when the trial begins. Mayorkas does not appear at the trial nor is he required to attend.

On Wednesday, House Sergeant at Arms Bill McFarland and Acting Clerk of the House Kevin McCumber will escort the managers and the articles of impeachment themselves from the House, across the Capitol Rotunda, to the Senate wing of the Capitol. That’s where the Senate will "receive" the articles of impeachment. Senate Sergeant at Arms Karen Gibson will greet the House entourage in the Senate wing of the Capitol and escort everyone to the Senate chamber.

All 100 senators will await the coterie from the House. Sen. Patty Murray, D-Wash., is the President Pro Tempore of the Senate – the most senior member of the majority party. She will preside over the impeachment trial – not Chief Justice of the United States John Roberts. The Chief Justice typically only presides over impeachment trials involving the President or Vice President. Roberts was in charge for former President Trump’s first trial in 2020. But then-Sen. Patrick Leahy, D-Vt., presided over the second impeachment trial in 2021. Leahy was the Senate’s President Pro Tempore back then.

MARJORIE TAYLOR GREENE'S RED LINE ON SPEAKER JOHNSON

The impeachment articles are then read to the Senate.

It’s possible Lee and company could try to offer their motions then. But Murray could rule him out of order. The Senate hasn’t even sworn-in senators yet to adjudicate the trial. Moreover, the Senate could find itself either in legislative session (working on a bill) or executive session (working on a nomination) when the Senate stops its action to receive the articles. Therefore, motions by senators pertaining to the trial aren’t applicable at that moment.

Under Senate impeachment rules, things really get started the next day at 1 pm ET. That’s when the Senate swears in the senators. Gibson will announce that everyone should remain quiet "on pain of imprisonment." At that point, we are technically "in trial." Thus, motions are in order. In the past, the Senate could consider a resolution to establish parameters for how to handle the trial. Schumer could possibly move immediately to dismiss or table the articles. Or Lee and company could make their motions as well.

But here’s the problem for Republicans:

Schumer is the Senate Majority Leader. As Majority Leader, Schumer is recognized first by Murray, the presiding officer. Schumer could potentially short-circuit anything Republicans want to do by jumping ahead and making a motion to table or dismiss. The Senate would then vote on whether to halt proceedings right there. Republicans may never get a shot.

It is important to note that senators don’t "debate" during an impeachment trial. However, they could agree to debate in closed session – not out in the open.

I WANT MY MTV (MOTION TO VACATE): SPEAKER JOHNSON FACES POTENTIAL THREAT WHEN CONGRESS RETURNS

However, a vote to dismiss the articles – or on anything Republicans cook up – carries political consequences for Democrats facing competitive re-election bids this fall. Think Sens. Sherrod Brown, D-Ohio, Jon Tester, D-Mont., Bob Casey, D-Mich., Tammy Baldwin, D-Wisc., and Jacky Rosen, D-Nev. Republicans will likely weaponize any roll call vote Democrats to truncate the impeachment trial. Republicans will try to portray these vulnerable Democrats as not taking the border or the charges leveled at Mayorkas seriously.

In short, the trial is likely to be short. Not the impeachment trials of former President Trump. The Senate spread out the first one over a period of 19 days. The second one consumed five days.

In fact, the model for a quick dismissal is an impeachment you probably haven’t heard of: Former federal judge Samuel Kent in 2009.

The House impeached Kent in June 2009. But Kent stepped down before the Senate trial began. The House then adopted a resolution to halt its "prosecution" of Kent. The Senate then voted to dispense with the articles before conducting a trial.

So Kent’s circumstances are not exactly what will go down with Mayorkas. But Kent’s scenario of a quick dismissal is closer to what could unfold in the next few days compared to the more robust trials of former President Trump.

Mayorkas impeachment trial poised to pressure these vulnerable Senate Dems

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Democrats up for re-election in battleground states face a bind in the Senate as the impeachment trial for Department of Homeland Security (DHS) Secretary Alejandro Mayorkas is expected to begin this month over his role in the ongoing crisis at the southern border.

Several Republican Senate sources told Fox News Digital they expect the pressure to ramp up for lawmakers such as Sens. Jon Tester, D-Mont., Jacky Rosen, D-Nev., Tammy Baldwin, D-Wis., Sherrod Brown, D-Ohio, and Bob Casey, D-Penn., who face competitive re-election races in November.

Voters in each of the senators' states have indicated strong concerns over the state of the border.

Republican senators recently accused Tester of being unwilling to vote on border or immigration-related amendments during negotiations over the $1.2 trillion spending package that caused a brief partial government shutdown before being passed last month. Tester's office denied the claims. 

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One senior Republican Senate source predicted Tester would be similarly pushed during the impeachment trial procedure: "He’ll have to go on the record with it. No way out," the source said. They noted that Brown would also be put to the test in the Mayorkas trial. 

A representative for Tester told Fox News Digital on Wednesday, "Senator Tester will review the articles when they are sent over to the Senate."

The House passed two articles of impeachment against Mayorkas in early February but held onto them until after the appropriations process finished. In a letter last week, House Speaker Mike Johnson, R-La., revealed his intention to deliver the articles to the Senate on April 10 and urged Senate Majority Leader Chuck Schumer, D-N.Y., to move quickly on a trial. 

When the articles are delivered, "all senators have to be sworn in as jurors and sign the book," a senior GOP source said. 

"We actually go into trial mode, but Schumer will put forward a vote to dismiss it," the source predicted.

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Schumer's office did not provide comment to Fox News Digital.

"Everything is simple majority," the source noted, meaning only 51 of the 100 senators are necessary to move forward with any action. 

While Senate Democrats have largely dismissed the charges against Mayorkas as meritless and political posturing, the lawmakers who are competing in close races in the general election may be influenced by the growing concern over the border among their constituents. In a March Fox News Poll, 41% of all registered voters agreed the situation at the southern border is an emergency. This included 65% of Republicans, 31% of independents and 20% of Democrats.

As a result, the vulnerable Democrat senators are certain to be met with attacks on the campaign trail from their Republican opponents, who will pose the question of their seriousness on the border crisis. In a February memo from National Republican Senatorial Committee political director Tim Edson that was obtained by Fox News Digital, Senate candidates were advised to hold their Democrat counterparts accountable.

"We cannot allow Senate Democrats to sweep the Biden Administration's failures at the southern border under the rug," it reads. "Democrats caused this crisis, and voting to acquit Mayorkas is a vote to allow the continued invasion of our country."

Tester's opponent, Republican Senate candidate Tim Sheehy, said in a statement that "the Senate should hold a full impeachment trial."

"Senator Jon Tester wants to avoid a trial and let Mayorkas off the hook because they BOTH support the radical Left’s push of open borders and letting illegal immigrants flood into America. We deserve accountability!" he continued.

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Representatives for Rosen, Baldwin, Brown and Casey did not provide comment to Fox News Digital.

"If Bob Casey is serious about securing the border, he'll urge Chuck Schumer to move this inquiry forward and hold them accountable," said Pennsylvania Republican Senate front-runner Dave McCormick in a statement to Fox News Digital.

Spokesperson Ben Voelkel for Wisconsin Republican Senate front-runner Eric Hovde said in a statement, "Sen. Baldwin needs to hold [Mayorkas] accountable. If she doesn't, Wisconsin voters will hold her accountable for her inaction."

"If Sherrod Brown cares about hardworking Ohioans who have been impacted by the border invasion and fentanyl crisis, he will hold Mayorkas accountable in the Senate trial," said Reagan McCarthy, spokesperson for Ohio Republican Senate candidate Bernie Moreno.

Sen. Joe Manchin, D-W.Va., who has occasionally been out of step with Democrats, appears likely to stick with his caucus in the likely case they look to dismiss the trial quickly. In February, he told Politico that the forthcoming impeachment was "Pure crap," adding that he wants "No trial at all."

Manchin's office referred Fox News Digital to his previous comment.

Republican strategist Brian Walsh, a former staffer for Sen. John Cornyn, R-Texas, said, "It highlights a huge political vulnerability for Democratic Senators like Jon Tester, Sherrod Brown and Bob Casey going into the 2024 election."

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They will be forced to "pick a side" between their base and "the majority of voters, including independents" who say the border is the most important problem in the country, Walsh added.

As the senators face a difficult decision, it's not clear that all Republicans will be on board to continue the trial. Each vote matters, given the Senate's narrow 49-51 split between Republicans and those in the Democrat caucus. 

Sen. Mitt Romney, R-Utah, criticized the idea of a trial in late February, writing on X, formerly known as Twitter, that it "might be great politics, but it’s not the remedy for bad policy & would set a terrible constitutional precedent."

Romney's office did not provide comment to Fox News Digital. 

Other concerns for the impeachment effort are Sens. Lisa Murkowski, R-Alaska, and Susan Collins, R-Maine, who have gone against the conference previously. Neither of their offices provided comment to Fox News Digital on the subject.

Meanwhile, Mayorkas is set to appear on Capitol Hill on April 10, the same day the articles of impeachment are expected to be delivered to the Senate, for an unrelated hearing before the House Appropriations Homeland Security Subcommittee regarding the department's fiscal 2025 request.

DHS did not provide comment to Fox News Digital.

Democratic leader has 2 words for Republicans looking to impeach Homeland Security Secretary Mayorkas

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Democratic House Minority Leader Hakeem Jeffries, D-N.Y., shared a brief post on social media Thursday evening, criticizing Republicans who are pushing to impeach Homeland Security Secretary Alejandro Mayorkas.

"Extreme MAGA Republicans are demanding a full impeachment trial in the Senate," Jeffries wrote in a post on X. "They want to continue the phony political stunt targeting the Homeland Security Secretary."

He added: "My response? Get lost."

The post comes as the U.S. Senate is going to receive House-passed articles of impeachment against Mayorkas next month.

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On Thursday, House Speaker Mike Johnson, R-La., notified Senate Majority Leader Chuck Schumer, D-N.Y., that the House of Representatives would formally send over the impeachment articles to his chamber on April 10.

In his letter to Schumer, Johnson urged him to hold an impeachment trial "expeditiously."

"As Speaker and impeachment managers of the U.S. House of Representatives, we write to inform you that we will present to you upon the Senate’s return, on April 10, 2024, the duly passed articles of impeachment regarding Department of Homeland Security Secretary Alejandro Mayorkas. We urge you to schedule a trial of the matter expeditiously," Johnson wrote.

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In February, all but three House Republicans voted to impeach Mayorkas over his handling, or mishandling as Republican content, of the U.S. southern border. It was the first time since 1876 that a cabinet secretary had been impeached.

Schumer‘s office told Fox News Digital that the Senate would initiate the impeachment trial once it receives the impeachment articles.

"As we have said previously, after the House impeachment managers present the articles of impeachment to the Senate, senators will be sworn in as jurors in the trial the next day. Senate President Pro Tempore Patty Murray will preside."

The trial is highly unlikely to result in a conviction.

Fox News' Elizabeth Elkind and Julia Johnson contributed to this report.