Mayors want work permits extended to keep migrants employed, receive new asylum seekers

More than 40 mayors and county executives from around the country are calling on the federal government to extend work authorizations for illegal migrants, saying that without the measures thousands will lose their jobs, businesses will suffer and districts will find it harder to cater to new asylum seekers.

The elected officials – which include New York City Mayor Eric Adams and Chicago Mayor Brandon Johnson – wrote a letter on Monday to Department of Homeland Security Secretary (DHS) Alejandro Mayorkas and U.S. Citizenship and Immigration Services (USCIS) Director Ur Jaddou, calling for automatic extensions for existing work permits of at least 540 days.

Historically, migrants have been granted a 180-day grace period if their Employment Authorization Document (EAD) renewal application is still pending.

In 2022, USCIS extended the 180-day grace period to 540 days due to lengthy processing delays. 

MAYORKAS DUCKS RESPONSIBILITY ON BORDER CRISIS, MIGRANT FIGURES: 'CONGRESS IS THE ONLY ONE WHO CAN FIX THIS'

That extension expired on Oct. 26 and now the mayors are requesting a "permanent automatic extension of work authorization" in the form of an interim final rule that extends work permits for 540 days or longer. 

"Without this, hundreds of thousands of immigrant workers will lose their work authorization, businesses will lose staff, and our cities and counties will face an increasing challenge to provide shelter to the public," the mayors and county executives wrote. 

"If DHS does not address this impending crisis, local economies will suffer additional harm in the face of large job losses."

DENVER MAYOR BLAMES REPUBLICANS AND TRUMP FOR $5M CUTS TO PAY FOR MIGRANT CRISIS

The signees wrote that local businesses are still struggling to address the current labor shortage and cannot handle further disruptions to their operations by losing immigrant workers. 

"We are concerned that the lengthy delays in adjudicating renewal applications for work authorization have not improved."

They wrote that as of June 2023, there were approximately 263,000 EAD renewal applications pending. 

Given these delays, they wrote, hundreds of thousands of immigrants will likely experience a lapse in their work authorization in the coming months. 

"As a result, cities and counties are bracing for similar events to transpire, and we are already hearing from businesses who may soon be forced to lay off their workers until their renewed EADs arrive."

The officials also wrote that if extensions are not granted it will "significantly impact our ability to receive newly arrived asylum seekers."

"Cities and counties across the United States are quickly running out of shelter space. If hundreds of thousands of already-employed immigrants lose their jobs, they are likely to lose their homes, and this will result in cities and counties experiencing even greater difficulty providing shelter space and additional services to the public," the letter reads.

"If DHS does not implement a permanent change to the automatic extension, any temporary extension should be for a period of no less than three years, to allow sufficient time for USCIS to work through the extensive work permit renewal backlog. We ask that you act swiftly so that the communities we represent do not experience the destabilizing effects of immigrant workers falling out of the workforce."

The signees are part of a group called the Cities For Action (C4A), made up of nearly 180 U.S. mayors and county executives who advocate for "humane immigration policies that strengthen their cities and reflect the nation’s values of inclusion and opportunity."

Adams, who has criticized the federal government’s response to the crisis, saying it would destroy New York City, said the migrants have a right to work in the Big Apple. At least 170,000 illegal migrants have arrived in New York since the spring of 2022.

"New York City thrives on the diverse and dedicated contributions of these community members and stripping people of their right to work is simply un-American," Adams said in a statement accompanying the letter.  

"I'm hopeful the federal government acts swiftly to protect the stability and security of hundreds of thousands of immigrant workers and their families."

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Meanwhile, Denver Mayor Mike Johnston, who last week announced cuts to public services to help fund the cost of his city’s migrant crisis, also signed the letter. About 40,000 migrants, mostly from Venezuela, have arrived in Denver over the past year, and more than 3,500 are living in city-funded hotel rooms, according to the Colorado Sun.

"Over the past few weeks, Denver has seen record-high numbers of migrants arriving in our city, and very few have the ability to work and make a living for their families," said Johnston

"This has created simultaneous humanitarian and fiscal crises for our city, forcing us to look at significant budget cuts and reduction in services. We know that the ability for migrants to work is critical to Denver’s success, and it is imperative that DHS take immediate action to prevent even more migrants from losing their work authorization."

Mayorkas ducks responsibility on border crisis, migrant figures: ‘Congress is the only one who can fix this’

Homeland Security Secretary Alejandro Mayorkas, who narrowly escaped impeachment last week, said Sunday that the Biden administration doesn't "bear responsibility for a broken system," demanding Congress enact legislation to mitigate what has become an illegal migration crisis during this election year.

"No doubt there is gridlock in Congress. But do you bear responsibility for what is happening at the border with the president himself? It's called a crisis," NBC host Kristen Welker asked during an interview with Mayorkas on "Meet the Press."

"It certainly is a crisis. And we don't bear responsibility for a broken system. And we're doing a tremendous amount within that broken system. But fundamentally … Congress is the only one who can fix it," Mayorkas said.

"There is no question that we have a broken system," he added. "There is no question that we have a challenge, a crisis at the border. And there is no question that Congress needs to fix it. And we're doing everything we can within that broken system, short of legislation to address what is a not just a challenge for the United States but one throughout our region."

HOUSE FAILS TO IMPEACH DHS SECRETARY ALEJANDRO MAYORKAS IN MAJOR BLOW TO GOP

Since Mayorkas took the helm at the Department of Homeland Security three years ago, Welker noted, the asylum case backlog has more than tripled since 2019 and more migrants have crossed the border illegally in 2023 than ever before. She pointed to how Mayorkas himself has said that more than 85% of migrants crossing the border illegally are being released into the U.S. as they await their court dates.

"Let's just put impeachment aside for a minute. Why do you deserve to keep your job, Mr. Secretary?" she asked. 

"The data that you cite is a powerful example of why we need legislation to fix what everyone agrees is a broken immigration system," Mayorkas said. "Before the last three years, that case backlog, which is about 3 million cases, has been growing year over year over year. The time between when we encounter an individual at the border and the time of final adjudication of an asylum claim case has been years, five to seven years, for years and years."

"I remember when I entered the Department of Homeland Security in 2009, we were wrestling with these very same issues. The system has not been fixed for 30 years. A bipartisan group of senators have now presented us with the tools and resources we need – bipartisan group. And yet, Congress killed it before even reading it," he said.

Mayorkas was referring to how the U.S. Senate on Wednesday failed to pass a $118 billion supplemental spending agreement that included aid for Ukraine, Israel and Taiwan, as well as an ambitious border security and immigration package that drew widespread opposition from conservative Republicans in both chambers since its release just days earlier. Wednesday's vote was 50-49. It needed 60 votes to pass. The vote went mostly along party lines, except for five Democrat no votes and four Republicans voting yes.

Welker pressed Mayorkas on why President Biden would not shut down the border immediately – as Republicans have called on him to do – and "just let the courts try to stop him."

SENATE TANKS IMMIGRATION, FOREIGN AID SPENDING PACKAGE AFTER GOP BACKLASH AGAINST BORDER PROVISIONS

"We have taken executive actions already. We continuously review what options are available to us, but those are always challenged in the courts, and whether or not they see the light of day and actually are able to be operationalized is an open question," Mayorkas said. "That is why the bipartisan group of senators actually prepared and presented a piece of legislation that would … base it in statute, the ability to close the border for a limited period of time, an extreme measure, and would it would be immune from court challenge because it is statutorily based."

"If it were done legislatively, no doubt you wouldn't have these these legal challenges, but isn't trying to do something better than doing nothing at all? Why doesn't President Biden try to shut down the border? Are you encouraging him to do that?" Welker insisted.

"Well, we have already taken important steps. We certainly haven't done nothing. I will tell you, we issued a regulation that circumvention of lawful pathways that increased, that actually created a rebuttable presumption of ineligibility for asylum seekers if they did not avail themselves of the lawful pathways that we built. And so we've done a tremendous amount. It's very important to remember we have removed, returned or expelled more individuals in the past three years than the prior administration did in all four."

Asked if he was considering reinstating the Remain in Mexico policy on Sunday, Mayorkas told Welker, "First of all, it depends upon Mexico's agreement. And Mexico has articulated publicly that it will not allow the re-implementation of Remain in Mexico, number one. Number two, it's been challenged in the courts. And number three, remember something, that Remain in Mexico was implemented in January of 2019. In 2019, there was almost a 100% increase in the number of encounters at our southwest border over 2018."

The Republican-led House of Representatives on Tuesday failed to impeach Mayorkas over his handling of the crisis at the southern border. It was considered a crushing defeat for the Republican majority, which held hearings throughout 2023 on Mayorkas' apparent "dereliction of duty" and additional hearings on the impeachment articles themselves this year. 

Lawmakers accused Mayorkas of disregarding federal law with "open border policies" that have made the ongoing crisis at the southern border worse. They have pointed to the rolling back of Trump-era policies, like border wall construction and Remain in Mexico, and reducing interior enforcement and expanding "catch-and-release." They say it has fueled record numbers at the southern border, breaching the 300,000 mark in December.

Fox News' Elizabeth Elkind and Adam Shaw contributed to this report.

Gaetz says George Santos ‘never missed more’ following failed Mayorkas ouster

Republican Florida Rep. Matt Gaetz said his former colleague George Santos has never been missed more following a failed impeachment vote.

The GOP failed to impeach Secretary of Homeland Security Alejandro Mayorkas on Tuesday after three Republicans defected from the party line and voted against the measure.

"As I am watching that board, and it’s 215-215, I have never missed George Santos more," Gaetz told Newsmax.

Those who voted no were Reps. Tom McClintock, R-Calif.; Ken Buck, R-Colo.; and Mike Gallagher, R-Wis. The lawmakers said while they disapproved of the job Mayorkas is doing at the southern border, the threshold for impeachment had not been met and warned it could be used against future Republican administrations.

HOUSE FAILS TO IMPEACH DHS SECRETARY ALEJANDRO MAYORKAS IN MAJOR BLOW TO GOP

The final vote came to 214-216 after Democratic Texas Rep. Al Green showed up on the House floor in scrubs to vote against the measure.

Santos was expelled from the U.S. House of Representatives on Dec. 1 because of charges he faces related to allegations of defrauding campaign contributors and, according to a House Ethics Committee Report, using campaign funds to purchase luxury items and spa treatments.

HERE ARE THE 3 HOUSE REPUBLICANS WHO TORPEDOED MAYORKAS' IMPEACHMENT VOTE

"I also wondered, wouldn’t it have been nice to still have Kevin McCarthy in the House of Representatives? Never thought you’d hear me say that," the Florida representative said. 

McCarthy announced in early December that he would step down, two months after his historic ouster as House speaker. 

The announcement capped a stunning end to a House career for the one-time deli counter owner, who ascended through state and national politics to become second in line to the presidency, until a cluster of hard-right conservatives engineered his removal in October.

"Kevin McCarthy — after being dislodged as speaker — took his marbles and went home," Gaetz added during his appearance.

McCarthy's departure set off a scramble to replace him that is being sorted out in court. A state judge earlier ruled that a McCarthy protégé, Republican Assemblyman Vince Fong, could appear on the ballot as a candidate for the former speaker's seat, even though he earlier filed for reelection for his Assembly seat. That decision is being appealed by the state.

McCarthy is the only speaker in history to be voted out of the job.

Fox News' Greg Wehner, Adam Shaw and The Associated Press contributed to this report.

DHS Secretary Alejandro Mayorkas says he won’t resign if impeached

Homeland Security Secretary Alejandro Mayorkas tells Fox News he would not resign if he were to be impeached. 

Mayorkas, 64, made these comments to Fox News’ Matt Finn during a security presser in Las Vegas ahead of the Super Bowl on Sunday. 

"I’ll gladly answer it again. The allegations are baseless and I'm focused on the work, which was what brings me to Las Vegas today," Mayorkas said Wednesday. 

The comments come after a failed push by House Republicans to impeach the DHS secretary over his handling of the U.S.-Mexico border. 

Republicans were forced to shelve the priority after a few GOP lawmakers refused to go along with the party’s plan. 

‘PRO-LIFE SPIDERMAN' ARRESTED AFTER CLIMBING LAS VEGAS SPHERE DURING SUPER BOWL WEEK

The stunning roll call Tuesday fell just a single vote short of impeaching Mayorkas, stalling the Republicans' drive to punish the Biden administration over its handling of the U.S-Mexico border. 

With Democrats united against the charges, the Republicans needed almost every vote from their slim majority to approve the articles of impeachment.

House Speaker Mike Johnson's spokesman Raj Shah said they "fully intend" to reconsider the articles of impeachment against Mayorkas "when we have the votes for passage."

But the next steps are uncertain. In the end, three Republicans opposed the impeachment, and a fourth Republican switched his vote so that the measure could be revisited. The final tally was 214-216.

Not since 1876 has a Cabinet secretary faced impeachment charges, and it's the first time a sitting secretary faced impeachment — 148 years ago, Secretary of War William Belknap resigned just before the vote.

The Associated Press contributed to this report. 

Here are the 3 House Republicans who torpedoed Mayorkas’ impeachment vote

House Republicans were dealt a crushing defeat on Tuesday when a months-long effort to impeach Homeland Security Secretary Alejandro Mayorkas over his handling of the crisis at the southern border failed – with three GOP lawmakers breaking ranks and voting against the measure.

The vote was 214-216. Lawmakers voted on a resolution combining two articles of impeachment that accused Mayorkas of having "refused to comply with Federal immigration laws" and the other of having violated "public trust." 

While the House voted mostly along party lines, with Democrats remaining united against the measure, three Republicans voted against it, with another lawmaker switching his vote at the last minute to allow for the resolution to be brought back to the floor.

THE HITCHHIKER'S GUIDE TO WHY REP. BLAKE MOORE FLIPPED FROM YEA TO NAY ON IMPEACHING MAYORKAS

Those who voted no were Reps. Tom McClintock, R-Calif., Ken Buck, R-Colo., and Mike Gallagher, R-Wis. The lawmakers said while they disapproved of the job Mayorkas is doing at the southern border, the threshold for impeachment had not been met, and warned it could be used against future Republican administrations.

"Secretary Mayorkas is guilty of maladministration of our immigration laws on a cosmic scale. But we know that’s not grounds for impeachment, because the American Founders specifically rejected it," McClintock said on the House floor. "They didn’t want political disputes to become impeachment because that would shatter the separation of powers that vests the enforcement of the laws with the president, no matter how bad a job he does."

Gallagher said Mayorkas "has faithfully implemented President Biden’s open border policies and helped create the dangerous crisis at the southern border." 

"But the proponents of impeachment failed to make the argument as to how his stunning incompetence meets the impeachment threshold Republicans outlined while defending former President Trump," he said in a statement, warning that a lower standard wouldn’t secure the border, "and will set a dangerous new precedent that will be weaponized against future Republican administrations."

HOUSE FAILS TO IMPEACH DHS SECRETARY ALEJANDRO MAYORKAS IN MAJOR BLOW TO GOP 

Buck was also critical of Mayorkas but did not believe the standard for impeachment had been met.

"In effect, we are now doing what we rightfully said House Democrats were doing in 2019 and 2021: pushing a partisan impeachment not based on what the Constitution actually states," he said in an op-ed for the Hill.

Meanwhile, Rep. Blake Moore, R-Utah, technically voted no but switched his vote at the last minute in a procedural move to be able to bring the resolution back to the floor.

The defeat marks a significant blow for House Republicans, who had pushed the impeachment of Mayorkas for over a year, and have accused him of disregarding federal law with "open border policies" that have worsened the ongoing crisis at the southern border.

GOP LAWMAKER ON KEY IMMIGRATION SUBCOMMITTEE SLAMS MAYORKAS IMPEACHMENT

Democrats and DHS accused Republicans of running a politically motivated impeachment that had no constitutional basis.

"This baseless impeachment should never have moved forward; it faces bipartisan opposition and legal experts resoundingly say it is unconstitutional," DHS spokesperson Mia Ehrenberg said after the vote on Tuesday. "If House Republicans are serious about border security, they should abandon these political games and instead support the bipartisan national security agreement in the Senate to get DHS the enforcement resources we need."

"Secretary Mayorkas remains focused on working across the aisle to promote real solutions at the border and keep our country safe," she said.

Republicans, however, indicated that they would likely vote again on the resolution when Rep. Steve Scalise, R-La., returns from cancer treatment.

"While I’m disappointed in the outcome of today’s vote, this is not the end of our efforts to hold Secretary Mayorkas accountable," House Homeland Security Chair Mark Green, R-Tenn., said in a statement. "I look forward to Leader Scalise’s return."

Fox News' Elizabeth Elkind and Chad Pergram contributed to this report.

The Hitchhiker’s Guide to why Rep. Blake Moore flipped from Yea to Nay on impeaching Mayorkas

There were four Republicans who voted no tonight against impeaching Homeland Security Secretary Alejandro Mayorkas. Reps. Mike Gallagher (R-Wis.), Tom McClintock (R-CA), Ken Buck (R-Colo.) and House Vice Conference Chairman Blake Moore (R-Utah) – a member of the Republican leadership.

But Moore’s "nay" vote against impeaching Mayorkas deserves an asterisk. He’s not really against impeaching Mayorkas. Moore voted no so the Republican effort to impeach Mayorkas could live to fight another day.

FOUR HOUSE REPUBLICANS VOTE AGAINST IMPEACHMENT OF ALEJANDRO MAYORKAS

To wit: 

Moore was on the board as a yea in favor of impeaching Mayorkas. But the GOP miscalculated how many yea votes that they had – as well as how many Democrats present and available to vote no.

The current breakdown in the 431 member House is 219 Republicans to 212 Democrats with four vacancies.

Republicans can only lose three votes. But that’s if all of their members are present. House Majority Leader Steve Scalise (R-La.) has not voted all year due to cancer treatments. Scalise tells FOX he will be back soon.

So as soon as the Mayorkas impeachment vote went to 215-215, the gig was up for impeaching Mayorkas.

At least on Tuesday night.

By rule, a tie vote loses in the House. So the Mayorkas impeachment effort was going down to defeat.

Only on one occasion before has the House ever defeated articles of impeachment. In December 1997, the House only adopted two of the articles of impeachment leveled against former President Clinton.

WHY DID THE HOUSE FAIL TO IMPEACH MAYORKAS?

So what were Republicans to do in order to salvage their impeachment gambit?

House rules enable any member on the PREVAILING side of a roll call vote (in this instance, the NAYS) to "move to reconsider" a vote. In other words, demand a re-vote.

Moore was a yea – but on the losing side. Gallagher, McClintock and Buck certainly weren’t going to move to order a re-vote. So, it fell to a member of the House GOP brass.

Moore changed his vote to no. Not because he opposes impeaching Mayorkas. But now he was on the "winning" side." This preserved the option for House Republicans to summon the vote again. Perhaps when Scalise is back. Or if Republicans win the special election on Long Island next week. The GOP hopes that Republican nominee Mazi Melesa Pilip defeats former Rep. Tom Suozzi (D-N.Y.) for the seat vacated by expelled former Rep. George Santos (R-N.Y.). Then Republicans might have some reinforcements to impeach…

Of course, that presumes that other Republicans aren’t absent that day.

As I always say, YOU try to get more than 400 people in the same room at the same time. Members are always away for random reasons. Illness. Family commitments. Funerals. Events in the district. You name it. 

TOP REPUBLICAN SAYS DEMS 'WILL ANSWER' AT BALLOT BOX FOR NOT BACKING MAYORKAS IMPEACHMENT

Of course, impeachment resolutions are "privileged." That means any member could just put forth an impeachment plan again right away and the House would have to take it up. But by preserving the impeachment investigation, committee report and other documents, the maneuver by Moore enables the Republican leadership to preserve the impeachment gambit launched by the Homeland Security Committee – and try again. Maintaining that more exhaustive impeachment plan will also give the GOP more credibility if and when they present their impeachment articles to the Senate for a possible trial.

Moreover, having a key member change their vote to potentially order a re-vote in the House is rare. It happens with some degree of regularity in the Senate. Over the years Senate Majority Leader Chuck Schumer (D-N.Y.), Minority Leader Mitch McConnell (R-Ky.) and the late Senate Majority Leader Harry Reid (D-Nev.) would often be compelled to change their votes from yes to no – in order to call for a re-vote on a failed issue. 

Moore’s effort was not unprecedented in the House. But something seen more often across the Capitol dome in the Senate.

House fails to impeach DHS Secretary Alejandro Mayorkas in major blow to GOP

The Republican-led House of Representatives on Tuesday failed to impeach Homeland Security Secretary Alejandro Mayorkas over his handling of the crisis at the southern border – marking a major blow for House Republicans who have pushed for Mayorkas' removal.

The House voted mostly along party lines, but Republicans suffered a number of defections that torpedoed the vote. Four Republicans ultimately voted no: Rep. Tom McClintock, R-Calif., Ken Buck, R-Colo., Mike Gallagher, R-Wis., and Blake Moore, R-Utah, who switched his vote at the last minute in a procedural move to be able to bring the resolution back to the floor.

But Democrats remained united. The vote was 216-214. Lawmakers voted on a resolution combining two articles of impeachment that accused Mayorkas of having "refused to comply with Federal immigration laws" and the other of having violated "public trust." A Cabinet secretary has not been impeached since 1876, when Secretary of War William Belknap was impeached.

GOP LAWMAKER ON KEY IMMIGRATION SUBCOMMITTEE SLAMS MAYORKAS IMPEACHMENT

The move is a crushing defeat for the Republican majority, which held hearings throughout 2023 on Mayorkas' "dereliction of duty" and additional hearings on the impeachment articles themselves earlier this year. Lawmakers accused Mayorkas of disregarding federal law with "open border policies" that have made the ongoing crisis at the southern border worse. They have pointed to the rolling back of Trump-era policies, like border wall construction and "Remain in Mexico," and reducing interior enforcement and expanding "catch-and-release." They say it has fueled record numbers at the southern border, breaching the 300,000 mark in December.

"Under Secretary Mayorkas’ watch, Customs and Border Protection has reported more than 8.5 million encounters at our borders, including more than 7 million apprehensions at the southwest border," Homeland Security Committee Chair Mark Green, R-Tenn., said on the House floor. "Even more terrifying is the approximately 1.8 million known gotaways that Border Patrol agents detect but are unable to apprehend. Millions of those inadmissible aliens who are encountered are eventually released into our communities. This has never happened before in our history. And it doesn’t happen by accident."

Green said Republicans had been left with "no other option" than to proceed.

"We, the people's representatives, have no opinion, no option but to exercise this duty when branch officials blatantly refuse to comply with the laws we have passed threaten the separation of powers, imperiled the constitutional order, and expose Americans to untold suffering and death," he said.

Democrats and the administration have painted the impeachment push as politically motivated on nothing more than policy disagreements, and nothing that approaches high crimes and misdemeanors.

"Far from alleging high crimes and misdemeanors, this resolution relies on the same tired and untrue Republican talking points that Democrats have demonstrated for months are not true," said Rep. Pramila Jayapal, D-Wash.

Homeland Security Committee ranking member Bennie Thompson, D-Miss., called the push a "travesty" and an "affront to the Constitution."

"Rather than doing what's right for America because it's clear that Republicans have failed to make the case for impeachment. They have failed to articulate a single high crime and misdemeanor. The other side of the aisle reeks of desperation," he said.

Mayorkas himself has attacked the push against him, calling the allegations "false" and "baseless."

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

"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.

DHS has pointed to more than 500,000 removals since May and record seizures of fentanyl at the border to counteract claims that it has pursued open border policies. It has also called on Republicans to provide more funding and to work with the administration to fix a "broken" immigration system. It had highlighted Republicans and former DHS officials who have opposed the impeachment effort.

"This baseless impeachment should never have moved forward; it faces bipartisan opposition and legal experts resoundingly say it is unconstitutional," DHS spokesperson Mia Ehrenberg said after the vote on Tuesday. "If House Republicans are serious about border security, they should abandon these political games and instead support the bipartisan national security agreement in the Senate to get DHS the enforcement resources we need."

"Secretary Mayorkas remains focused on working across the aisle to promote real solutions at the border and keep our country safe," she said.

Democrats, meanwhile, were gleeful at the defeat for the majority.

"House Republicans just tried to impeach Secretary Mayorkas purely as a political stunt: AND THEY FAILED," Jayapal said on X, formerly known as Twitter. "As they keep wasting their time in the majority, Democrats will continue working for the American people."

However, at least one Republican suggested the fight might not be over.

"I will not STOP until Secretary Mayorkas is IMPEACHED," Rep. Tony Gonzales, R-Texas, posted. "House Republicans will hold the administration accountable, no matter how many votes it takes!"

Top Republican says Dems ‘will answer’ at ballot box for not backing Mayorkas impeachment

House Majority Whip Tom Emmer on Tuesday predicted Democrats will pay at the ballot box for failing to back the impeachment of DHS Secretary Alejandro Mayorkas, ahead of a vote on impeachment articles later in the evening.

"I think the Democrats are making a mistake once again, especially some of the folks in South Texas, some of the people in New York and other states where immigration has become a huge issue, Illegal immigration. I think they're making a mistake by not supporting this. And they will answer for that at the ballot box," he said.

Emmer spoke to Fox News Digital ahead of votes 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. 

GOP LAWMAKER ON KEY IMMIGRATION SUBCOMMITTEE SLAMS MAYORKAS IMPEACHMENT ‘FANTASY’ 

The vote is expected to go mostly along party lines, but Republicans have so far seen two lawmakers announce they will be voting against the articles. Rep. Tom McClintock, R-Calif., issued a scathing statement against the articles earlier Tuesday, while Rep. Ken Buck, R-Colo., is also expected to vote against the legislation. The House majority is slim and Republicans can only afford three defections if all lawmakers are present and all Democrats vote against impeachment.

Emmer says he doesn’t share whip counts with anybody, but rejected criticism that Republicans were impeaching Mayorkas over policy differences and said that the House will "perform our constitutional obligation tonight."

"This literally is about somebody who has willfully, willfully, and systematically, created an agency's ability to subvert our laws. They are literally violating our laws," he said.

HOUSE TEES UP VOTE ON IMPEACHING MAYORKAS OVER BORDER CRISIS 

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. Mayorkas has denied those claims even amid record numbers at the border, and found support from Democrats and some former DHS officials among others. Former Bush-era DHS Secretary Michael Chertoff recently called on Republicans to "drop this impeachment charade" and work with Mayorkas to solve the crisis.

Mayorkas himself defended himself against impeachment last week in a letter to Republicans, in which he slammed the allegations as "false" and "baseless" and called on Congress to reform a broken system and provide more funding.

"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.

Should Mayorkas be impeached it’ll be the first such impeachment of a cabinet secretary since the 1800s.

"This vote is appropriate because of the individual who has purposely, willfully violated the law, and refused to do his job," Emmer told Fox. "I think that's one, but two, it's also the only thing we can do at this point. It's the only tool we're left with. Because, we have got a White House that refuses to do anything, and we have one-half of one-third of government."

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

Meanwhile, in the upper chamber, a Senate border deal announced this week has faced significant opposition in the House -- but looks like it won’t even make the chamber amid massive opposition in the Senate as well.

Emmer said he was not surprised at the bill's struggles, and took aim at the inclusions in the package -- including the emergency border authority that would kick in to allow expulsions if there was a 7-day average of over 5,000 encounters a day.

"Five thousand a day before you have shutdown authority? One coming across the southern border is too many at this point and that just wasn't going to fly," he said. "I think the rumors we heard turned out to be true and worse. In effect, that bill is codified catch and release…it's making into law the very law that Mayorkas is violating."

"I think once the senators saw the text filing and read it, they realized how bad this was and this is not where the American people are. They're going to side with the American people instead of this lawlessness that we're seeing out of the Biden administration," he said.

Emmer stressed that a deal should deal with five issues he believes the House package dealt with: Restoring the Trump-era Remain-in-Mexico policy; reforming the broad use of humanitarian parole; restricting asylum laws; ending "catch-and-release"; and finishing the construction of a wall at the southern border.

"You've got to address those five things that are in H.R. 2. You have to have all well, maybe you can't get them all because we only have one-half of one-third of our federal government. But at a minimum, you should be restoring of remain in Mexico and you should be ending catch and release," he said.

Fox News' Elizabeth Elkind contributed to this report.

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.

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.