Democrats block effort to impeach DHS Secretary Mayorkas with Republican support

House Democrats, with the help of a small group of Republicans, on Monday successfully blocked an effort led by Rep. Marjorie Taylor Greene, R-Ga., to impeach Homeland Security Sec. Alejandro Mayorkas in a straight up or down vote.

The final vote tally was 209-201, with eight Republicans joining all Democrats in support of the latter party's motion to stop that floor vote, and instead refer the impeachment resolution introduced by Greene to the House Homeland Security Committee. Twenty-four members — 12 Democrats and 12 Republicans — did not vote on the measure.

The eight Republicans who joined Democrats included Reps. Ken Buck, R-Colo., Darrell Issa, R-Calif., Tom McClintock, R-Calif., Patrick McHenry, R-N.C., John Duarte, R-Calif., Virginia Foxx, R-N.C., Cliff Bentz, R-Ore., and Mike Turner, R-Ohio. 

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Greene introduced the resolution to impeach Mayorkas on Thursday, which would have forced a vote on impeachment without a hearing or a committee markup. If voted on and passed, it would have sent his impeachment straight to the Senate for trial.

The Department of Homeland Security responded to the vote with a statement accusing Congress of "wasting time," and calling on it to "do its job by funding the government, reforming our broken immigration system, reauthorizing vital tools for DHS, and passing the Administration’s supplemental request to properly resource the Department’s critical work to stop fentanyl and further secure our borders."

"Secretary Mayorkas continues to be laser-focused on the safety and security of our nation. This baseless attack is completely without merit and a harmful distraction from our critical national security priorities," the statement read.

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Mayorkas has faced increased calls for his impeachment over the past year concerning his handling of the border crisis. At the same time, Republican lawmakers have repeatedly raised concerns about the risk to national security and public safety posed by the numbers of illegal immigrants evading overwhelmed Border Patrol agents amid the crisis.

Under Mayorkas, migrant encounters at the southern border hit an all-time record in September with a massive 260,000 encounters as border officials continue struggling to cope with the large influx, sources told Fox News Digital.

Last month, Mayorkas confirmed that over 600,000 illegal immigrants evaded law enforcement at the southern border during fiscal year 2023.

Fox News' Adam Shaw and Tyler Olson contributed to this report.

House may vote on impeaching Mayorkas without a motion to table: source

A senior House Republican leadership source says the House will likely hold a vote Tuesday on impeaching Homeland Security Secretary Alejandro Mayorkas.

Fox is told to expect a straight up or down vote on a privileged resolution to impeach Mayorkas, which Rep. Marjorie Taylor Greene, R-Ga., introduced Thursday morning.

The source suggested it would be unlikely a motion to table or set the measure aside is introduced. Such a vote could serve as a fig leaf to protect members who make a lot of noise about impeaching Mayorkas but may be unwilling to vote on the record.

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If that’s the case, Mayorkas could be impeached without a hearing or a committee markup.

That would automatically trigger a process that would compel the House to send articles of impeachment for Mayorkas and impeachment managers to the Senate.

That does not necessarily mean there would be a Senate trial. But the Democrat-controlled Senate would have to receive the articles of impeachment from the House.

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Such a turn of events could be extraordinary considering how many Republicans spoke about "process." Former House Speaker Kevin McCarthy, R-Calif., prevented an effort this spring by Rep. Lauren Boebert, R-Colo., to impeach President Biden. The House extinguished the effort by dispatching the Boebert impeachment gambit of the president to committee.

McCarthy often spoke about handling impeachments "by the book." That involves depositions, hearings and a markup on the articles of impeachment themselves. None of that has happened with Mayorkas.

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Notably, the House voted to table an effort last week to expel Rep. George Santos, R-N.Y., largely because he had not received "due process." The House Ethics Committee had not finished a report on Santos nor held a public hearing. A report on Santos is due by Nov. 17. 

But many lawmakers from both sides opposed expelling Santos out of concern for due process.

House Speaker Mike Johnson, R-La., spoke out on Fox about potentially expelling Santos because of "due process."

But now it’s possible the House could impeach Mayorkas without the usual parliamentary mechanics that come with that special congressional power.

That said, it’s possible the House could reject an effort to impeach Mayorkas. That could be an embarrassment for hardline Republicans who have talked about impeaching Mayorkas for months — yet possibly stumbled when an actual impeachment resolution went to the floor.

Conservative group urges Republicans, next speaker not to ‘squander’ chance to fix border crisis

A top conservative group is warning Republicans that the next speaker should not "squander" what it sees as an opportunity to push for greater border security and pass a GOP overhaul to solve the migrant crisis -- while urging caution on funding requests without policy changes that are tied to assistance to Israel.

The Heritage Foundation is publishing a brief, a copy of which was obtained ahead of publication by Fox News Digital, telling Republicans that an incoming speaker "cannot squander another opportunity to end the Biden border crisis."

The brief argues that Republicans missed an opportunity to address the border crisis by agreeing to a spending agreement last month that did not include the Secure the Border Act (H.R. 2) -- the House Republican signature border and asylum reform.

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"On September 30, just hours before a government shutdown and the Democrat-controlled Senate’s refusal to act, Congress did the exact opposite: It passed a 47-day Continuing Resolution (CR) to keep the border and government open," Heritage’s Border Security and Immigration Center Director Lora Ries and visiting advisor RJ Hauman argue.

Other proposed versions of a CR had included the legislation, which passed the House earlier this year but has not yet been voted on in the Senate. Border hawks argued that linking it to funding the government was the best chance of getting the legislation, or a version of it, passed amid an ongoing crisis at the southern border. However, a "clean" CR was passed instead.

H.R. 2 would restart border wall construction, increase the number of Border Patrol agents, limit the use of parole to release migrants into the interior, re-establish the Migrant Protection Protocols, tighten the "credible fear" standard and expand penalties for visa overstays among other reforms.

Now, as the speaker’s race rolls on in the House and the Hamas terror attack on Israel has refocused concerns about the border, Ries and Hauman argue that Republicans and the new speaker "must intensify efforts to secure the border and ensure that our immigration laws are enforced."

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"Congress should continue to defund Biden’s open border tools and attach aggressive immigration policy riders to relevant appropriations bills awaiting consideration, the House should complete its investigation into the possible impeachment of Homeland Security Secretary Alejandro Mayorkas, and Members of Congress should once again consider requiring the inclusion of H.R. 2 as a condition for passing future government funding," they say.

The White House has requested an additional $14 billion in emergency supplemental funding, along with funding for Israel and Ukraine. However, Heritage warns against providing funding by itself, without policy changes, that it is tied to other countries' assistance.

"The time for action is now. H.R. 2 must become law if the homeland is truly to be secured: Simply writing a check as part of an unrelated supplemental spending bill will only worsen the crisis," they say.

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They say that while Israel merits U.S. support, "attaching ‘border security’ money to Israel funding without policy changes is a trap that, however well-intentioned, must be avoided."

The two border and immigration experts also outline suggestions to make existing spending bills stronger by putting riders on to limit what the Biden administration can do with the money being provided to it. They also back efforts in the House to impeach and remove Mayorkas from office for his handling of the border crisis.

"Most important, however, the border crisis should not be viewed as a problem that can be solved simply with more taxpayer dollars—a trap that has been laid alongside providing critical financial assistance to Israel," they warn.

The brief comes just days after the Biden administration announced new border numbers for September -- which marks the highest number of monthly encounters and records, meaning FY 23 as a whole saw the most yearly encounters on record.

Homeland GOP report blames Mayorkas for ‘devastating human costs’ of migrant crisis

A new report by Republicans on the House Homeland Security Committee is blaming DHS Secretary Alejandro Mayorkas for what it says are the "devastating human costs" of the migrant crisis at the southern border.

"These devastating human costs fall squarely on Mayorkas’ shoulders, and no amount of excusemaking, blame-shifting, or political prevaricating can change that fact," the report says.

The latest report is the third of its kind from the committee to detail Mayorkas’ handling of the crisis. It comes amid blistering criticism from Republicans, including calls by some for his impeachment for the implementation of policies which they say have fueled the border crisis — including reduced interior enforcement and expanded "catch-and-release."

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It follows a committee hearing in September where members heard about the human effects of the crisis — including child trafficking, overwhelmed Border Patrol agents, and the ongoing effects of fentanyl trafficking in from Mexico.

Fentanyl, which is responsible for tens of thousands of death each year, is primarily trafficked across the southern border after being produced in Mexico using Chinese precursors. The report notes a dramatic increase in seizures at the border, including between ports of entry, and warns it is possible that more is getting past overwhelmed agents.

"As [cartels] push record numbers of illegal aliens across the border, stretching Border Patrol resources to—and often past—the breaking point, they have increased their ability to push drugs like fentanyl across, as well," the report says.

The administration says it has been cracking down on fentanyl smuggling, and that it is showing results. Officials have pointed to two operations, Operations Blue Lotus and Four Horseman, which have stopped nearly 10,000 lbs in two months. A spokesperson said in response to the report that it has arrested more criminals for fentanyl-related crimes in two years than in the previous five fiscal years.

"DHS has launched unprecedented campaigns, working with our allies, deploying new high-tech solutions, and leading investigations that are cracking down on criminal smuggling networks," they said. 

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The Republican report also outlines an immense cost on Border Patrol and Immigration and Customs Enforcement (ICE) officers and agents, pointing to evidence of stress, increased workload and concerns about suicide. It blames the increased fatigue on the crisis, which it says is caused by the administration, as well as instances such as the blaming of Border Patrol agents for their actions during the since-debunked "whipping" controversy in Del Rio in 2021.

"The heroism of the men and women who sign on the dotted line to serve and protect their fellow countrymen is unparalleled. Tragically, the policies of Secretary Mayorkas spurn that heroism," it says.

A DHS spokesperson rejected criticism about Border Patrol morale, saying it has taken "significant strides to support our workforce" and had prioritized providing resources and support, including over 1,000 additional processing coordinators and 300 additional agents.

"This Administration has secured historic levels of funding that include the first increase in hiring for the U.S. Border Patrol in a decade and new resources across the Department for employee mental health and well-being," they said." The best way to support personnel handling historic levels of migration is for Congress to pass the Biden-Harris administration’s proposal to fully fund our work, invest in new technologies, and finally fix our broken immigration system."

The lengthy report also outlines the impact of illegal immigrants on crime and public safety, citing fewer arrests of criminal illegal immigrants by ICE due to reduced enforcement and crimes committed by illegal immigrants. Finally, it points to the increase suffering and deaths of migrants who have been attracted to the southern border. Republicans cite an increase in migrant deaths during this crisis, the suffering endured by migrants at the hands of smugglers, the abandonment of children by smugglers and the increased human trafficking of children into the labor market. 

"This self-inflicted crisis has exacted a terrible human cost all across our country," Chairman Mark Green said in a statement. "Since Secretary Mayorkas took office, we’ve watched in horror as fentanyl has increasingly spread into our communities, criminal illegal aliens have poured across the border, and law enforcement has been completely overwhelmed. Meanwhile, tens of thousands of vulnerable people, including children, have been trafficked or smuggled across the border by the cartels into forced labor, the sex trade, and other horrific situations. 

"Secretary Mayorkas’ dereliction of duty is central to these horrors, and instead of changing course on the policies that brought us here, he has only doubled down in their defense," he said. "It’s unacceptable, and we’re going to keep informing the public about what this crisis has cost all of us."

Democrats on the committee also took aim at the report.

"Republicans can write as many reports as they want baselessly attacking the Secretary and forcing their xenophobic rhetoric on the American people, but they’ve done nothing to move the needle on improving border policy," Ranking Member Bennie Thompson said in a statement. "Instead, they criticize to distract from the fact that Republicans simply have no ability to govern and no desire to work with Democrats on real solutions."

DHS officials have repeatedly pushed back against the criticism Mayorkas has received from Republicans, saying it is up to Congress to provide more funding and fix a "broken" immigration system. Officials have also previously highlighted anti-smuggling campaigns and additional funding to counter human and drug smuggling.

"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," a DHS spokesperson said in response to the report. " Instead of continuing their reckless attacks, 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." 

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.

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.

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"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."

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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."

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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." 

Biden administration faces increasing pressure from the left on border, immigration policies

The Biden administration, while taking heat from the right over what conservatives claim are "open-border" policies that mark a significant change from the Trump era, is also receiving loud criticism from left-wing politicians and activist groups.

Left-leaning figures say the administration has not done enough to make what they see as progress. That criticism was on display this week when Rep. Alexandria Ocasio-Cortez, D-N.Y., took aim at the administration over its handling of immigration.

"Immigration is arguably this administration’s weakest issue. This is one area where our policy is dictated by politics, arguably more so than almost any other," Ocasio-Cortez said in an interview with The New York Times.

"There are very clear recommendations and suggestions that we have made to the administration to provide relief on this issue, and it’s my belief that some of the hesitation around this has to do with a fear around just being seen as approving or providing permission structures or really just the Republican narratives that have surrounded immigration."

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She also joined a chorus of Democrats who have demanded the administration open up work authorizations and take other measures to protect those in the country illegally from deportation. 

"The Biden administration’s refusal to open up work authorizations or extend temporary protective status really prevents us from doing what we do best, which is allowing and creating an environment where immigrants from all over the world can create a livelihood here," Ocasio-Cortez said.

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White House Press Secretary Karine Jean-Pierre responded to the criticism, noting that the president had put forward immigration reform legislation, which had been rejected by Republicans, whom she blamed for making it an "incredibly political issue."

"Look, the president has done what he can from — from here, from the federal government, from the White House — to put forth and manage our border in a safe and humane way to respect the dignity of every human, as he says all the time, and making sure that our communities are safe. And you have seen him do that," Jean-Pierre said. 

"But the system is broken. We want to do this in a bipartisan way. Republicans refuse to do that."

She then said Biden "has done more to secure the border and to deal with this issue of immigration than anybody else."

The criticism from Ocasio-Cortez marks the latest example of criticism from the left the administration has faced. In August, Rep. Jamaal Bowman, D-N.Y., said the president needed to show "leadership" as New York faced its own migrant crisis.

"Here's the thing. Democrats are looking bad right now in New York state, and that's unacceptable when we have to win at least four congressional seats to take back the House," Bowman said. "So, hopefully the president is listening."

Several top Democrats in New York, including NYC Mayor Eric Adams and Gov. Kathy Hochul, have similarly blasted the lack of action from the federal government. Adams bristled at a list of recommendations provided by the government to better handle the migrant crisis this week.

"Don't critique what we've done. Don't tell us how we could have done it better," Adams said, accusing the government of being a "detached spectator." DHS has noted that it has funded New York to the tune of $140 million since October.

The criticism comes as the administration is facing a grueling legal challenge launched by the American Civil Liberties Union and other groups to challenge its asylum rule, which makes illegal immigrants ineligible for asylum if they have crossed through another country without claiming asylum. That rule brought charges from the left that it was violating the right to asylum.

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

The rule was initially blocked, but it has been allowed to remain in place as the Biden administration’s appeal moves through the courts.

"The ruling is a victory, but each day the Biden administration prolongs the fight over its illegal ban, many people fleeing persecution and seeking safe harbor for their families are instead left in grave danger," Katrina Eiland, deputy director of the ACLU’s Immigrants’ Rights Project, said a statement after the ruling.

In May, Menendez, along with senators Ben Ray Luján, D-N.M., and Alex Padilla, D-Calif., said the administration should "reset" its policies and accused it of pushing forward with a "harmful transit ban that fundamentally limits access to our nation’s asylum system."

Last month, Menendez led 64 members of Congress in demanding that the administration stop conducting credible fear screenings of migrants in CBP custody, calling such a move "inherently problematic."

As that pressure remains from the left, conservatives are still hammering the administration. Some Republicans have called for the impeachment of DHS Secretary Alejandro Mayorkas, and arguments began last week from Republican states challenging a separate parole policy.

Fox News' Brianna Herlihy and Liz Elkind contributed to this report.

Republicans fume at Mayorkas over border policies at fiery House hearing: ‘Our constituents want answers’

Homeland Security Secretary Alejandro Mayorkas was on the receiving end of another barrage from House Republicans on Wednesday as he faced the House Judiciary Committee and was quizzed about the administration’s efforts to tackle the border crisis.

"I’ve been in Congress seven years. I think you're the most dishonest witness that has ever appeared before the Judiciary Committee, and I think I speak for a lot of my colleagues," Rep. Mike Johnson, R-La., said. "This is such a frustrating exercise for us because our constituents want answers."

The fireworks came as part of a House Judiciary Committee hearing on the department, which has been at the center of the handling of the ongoing crisis at the southern border in its third year.

Mayorkas has become a lightning rod for the crisis, with Republicans blaming him for running "open border" policies they say sparked and then fueled the border crisis, which saw over 1.7 million migrant encounters in fiscal 2021 and over 2.4 million in fiscal 2022.

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Republicans say that the rollback of Trump-era policies, including border wall construction, the Remain-in-Mexico policy and others, along with a reduction of interior enforcement and expansion of catch-and-release, has led to the historic surge. House Republicans have accused Mayorkas of dereliction of duty, with some backing a potential impeachment.

Mayorkas and the agency have pushed back consistently against those claims, arguing his agency is working in a broken system in need of reform by Congress while dealing with a hemisphere-wide crisis. The agency has pointed to a sharp drop in encounters after the end of the Title 42 public health order.

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While encounters are still high, with over 144,000 in June, they were the lowest numbers since February 2021. It has led to claims by DHS that its post-Title 42 strategy is working. The strategy includes a historic expansion of the use of humanitarian parole to allow migrants in legally at ports of entry while limiting the ability of migrants who enter illegally to claim asylum.

"Our approach to managing the borders securely and humanely even within our fundamentally broken immigration system is working," Mayorkas said. "Unlawful entries between ports of entry along the southwest border have consistently decreased by more than half compared to the peak before the end of Title 42.

"Under President Biden's leadership, we have led the largest expansion of lawful, safe and orderly pathways for people to seek humanitarian relief under our laws. At the same time, imposing tougher consequences on those who instead resort to the ruthless smuggling organizations that prey on the most vulnerable."

But Republicans are unconvinced and have accused the administration of abusing parole, which is defined by Congress as an authority to be used on a case-by-case basis for urgent humanitarian purposes or for significant public benefit.

They have said the use of parole — which includes up to 1,450 a day at the border via the controversial CBP One app and a policy to fly in up to 30,000 a month from four countries — is illegal. 

Supporters of the use of parole by the administration have noted that multiple administrations have used it to grant relief on multiple occasions, including migrants fleeing Cuba and Vietnam and, most recently, "parole in place" to prevent deportation of illegal immigrant family members of military veterans. Rep. Zoe Lofgren, D-Calif., noted it had been used as far back as the Eisenhower administration.

"We have used our parole authority consistent with the law and consistent with past practices of different administrations," Mayorkas said.

Rep. Matt Gaetz, R-Fla., accused Mayorkas of orchestrating an "amnesty dance" with the CBP One app, which allows migrants to come to the border and schedule appointments to be paroled into the U.S.

"You've taken this app, and you've digitized illegal immigration. And you've scaled it to the moon," Gaetz said. "This app that you've got everybody downloading is like the Disney Fast Pass into the country, never to be subject to actual removal, just removal proceedings as you call them."

"I disagree with everything you said," Mayorkas responded.

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

Gaetz and Chairman Jim Jordan, R-Ohio, repeatedly grilled Mayorkas in an effort to get key data, including the number of migrants who have been released into the U.S. during the Biden administration and have now been removed.

"Let me ask real quick: Can you get that number to us, like, tomorrow, or is it — you've got to go back and is it going to take weeks and months and haggling back and forth and all the letters we do? Congress writes letters to agencies, and we haggle back and forth, all that dance we have to do. Or can you just get us the number?" Jordan said.

"Mr. Chairman, we'll provide that data to you as promptly as possible," Mayorkas responded.

Democrats generally praised Mayorkas for the work he is doing and attempted to push back against Republican talking points.

Ranking member Jerry Nadler, D-N.Y., accused Republicans of pushing a "dangerous" narrative of an invasion at the border.

"The invasion narrative some members push in this hearing room is bigoted, fact-free and dangerous," Nadler said, tying the rhetoric to the 2019 El Paso, Texas, shooting.

"We can draw a straight line from the hateful rhetoric we hear from some congressional Republicans to that horrific tragedy."

He also slammed Republicans for "outlandish claims" made at the hearings, particularly claims the border is open. 

"The border is not open, and to say so is not only false but is really an insult to the brave men and women at Border Patrol who work every day to keep us safe," he said.

But a number of Republicans doubled down on accusing Mayorkas of pushing "open border policies" and expressed anger at what they saw as Mayorkas not answering any of their questions.

Rep. Victoria Spartz, R-Ind., at one point exploded at Mayorkas for his alleged lack of responsiveness.

"You’re not answering questions," Spartz said. "You’ve not answered any Republican questions. Is it something that your intent is not to respond to any questions from Republicans? You came with that intent?"

"That is incorrect, Congresswoman," he responded.

Judiciary Chair Jordan tells Mayorkas to ‘be prepared’ ahead of key hearing on border crisis

FIRST ON FOX: The chairman of the House Judiciary Committee is telling DHS Secretary Alejandro Mayorkas to "be prepared" with data for a key House hearing on Wednesday, in which the Homeland Security head is expected to receive another grilling over his handling of the crisis at the southern border by the Republican majority.

Mayorkas will appear Wednesday before the GOP-led committee in a hearing called: "Oversight of the U.S. Department of Homeland Security."

The secretary has clashed repeatedly with Republicans at congressional hearings, who have taken aim at his handling of the border crisis now into its third year and which saw historic migrant numbers in both FY 2021 and FY 2022 -- with some even calling for his impeachment over what they have branded as the administration's "open borders" policies – a label the administration has rejected. 

In a letter to Mayorkas on Tuesday, obtained by Fox News Digital, Chairman Jim Jordan says that during his last appearance before the committee last year, "you were unable to provide specific data or information and, to this date, you still have not provided substantive responses to some Members’ questions from that hearing."

"We hope that you will be prepared with specific data and information during your appearance before the Committee this year," they say.

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

The majority says it had in July requested data regarding Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE) activity by Monday, but DHS said it would not be able to meet the deadline, but would try to provide the data "as soon as we are able."

"Accordingly, if the Department is unable or unwilling to provide this data in advance of the hearing, as we requested, we ask that you come to the hearing prepared with this data," Jordan said in the letter to Mayorkas. 

The data the committee requests includes the number of migrants who have been released into the U.S. and have remained in DHS detention. It includes those who have claimed a fear of persecution, who have been removed, have been placed in removal proceedings and who have received credible fear determinations. It's a sign that the committee will focus in part on parole and other policies that have allowed for migrants to be released into the U.S. as part of the expansion of legal pathways by the administration.

"We look forward to your upcoming testimony and the opportunity for the Committee to effectively pursue its oversight of the Department’s immigration-related authorities," Jordan writes.

A DHS spokesperson told Fox News Digital that the agency "responds to congressional correspondence directly via official channels, and the Department will continue to respond appropriately to Congressional oversight." 

MIGRANT NUMBERS DROP SHARPLY IN JUNE AS BIDEN ADMIN'S POST-TITLE 42 STRATEGY TAKES SHAPE

A DHS official, meanwhile, noted that it has made an "enormous" number of personnel, documents and briefings available to Congress – including 50 witnesses across over 30 hearings in both chambers, as well as over 8,000 pages of documents in responses to over 1,400 congressional letters.

It comes amid a torrent of scrutiny by House Republicans on the administration. Republicans on the House Homeland Security Committee recently accused Mayorkas of a "dereliction of duty" as they probe his handling of the border crisis.

Republicans have blamed the administration for the crisis, saying it canceled "effective" Trump-era policies including border wall construction, Title 42 and the Migrant Protection Protocols (MPP). Separately, they objected to narrowed Immigration and Customs Enforcement (ICE) guidance, that coincided with plummeting deportations and increased use of catch-and-release. Recently, they have also scrutinized the widespread use of parole to release migrants into the U.S. via legal asylum pathways.

The Biden administration has pushed back against criticism, pointing to a sharp drop in encounters at the border since the end of the Title 42 public health order in May. Numbers from June, released last week show 144,000 migrant encounters for the month, which is the lowest number since February 2001, although still high compared to pre-2021 numbers. 

The administration has tied the drop in encounters to measures it put into place when Title 42 ended in May, including a significant expansion of the use of parole to expand lawful immigration pathways -- combined with an asylum rule which limits migrants from claiming asylum if they enter illegally and fail to claim asylum at a country through which they already passed. However, that rule was dealt a legal blow on Tuesday when it was blocked by a federal judge in response to a lawsuit from left-wing groups. 

DHS has said it is working to build a "safe, orderly and humane immigration system" and has called on Republicans in Congress to pass a comprehensive immigration reform legislation introduced on Day One of the administration – but that was rejected by Republicans due to the inclusion of a pathway to citizenship for millions of illegal immigrants.

"Instead of pointing fingers and pursuing a baseless impeachment, Congress should work with the Department and pass comprehensive legislation to fix our broken immigration system, which has not been updated in decades," a spokesperson said last week


 

Impeach Biden or Mayorkas? What it takes for ‘impeachment’ proceedings to succeed in the House

A senior House Republican source tells Fox that potential impeachment for Homeland Security Secretary Alejandro Mayorkas is "the furthest along." 

Although that does not mean that it is that far along. It is just that GOPers believe they have the strongest case and evidence against Mayorkas.

House Speaker Kevin McCarthy, R-Calif., recently cracked the door open to impeaching Attorney General Merrick Garland and President Biden.

Fox is told those are something of high-level "trial balloons." The reason is that McCarthy wants to get a sense of what GOPers want to do where the votes may lie for impeaching anyone.

Will there be an impeachment?

MCCARTHY: BIDEN CASE WILL ‘RISE TO IMPEACHMENT’ AS 16 ROMANIAN PAYMENTS ALLEGEDLY WENT TO ‘SHELL COMPANIES’

It is about the math.

A senior House GOP source says Republican leaders will try to see "if there is one (impeachment) that could pass."

House Republicans are only operating with a four-seat majority and will need nearly every single GOP vote to send impeachment articles to the Senate. Threading the needle on anything as serious as impeachment will be a challenge.

REPUBLICAN CALLS TO IMPEACH BIDEN GROW FOLLOWING RELEASE OF FBI DOCUMENT DETAILING BRIBERY ALLEGATIONS

"A lot of our members will make decisions on how well the argument is made," a Republican leadership source told Fox News, noting that Mayorkas may be the best candidate for impeachment right now.

The problem for the GOP is that there is a wide swath of Republican members in rock-ribbed conservative districts who would impeach Biden and many members of his cabinet "no matter what." However, actually executing a successful impeachment depends on the math.

There are 18 House Republicans who represent districts which President Biden carried in 2020. A vote to impeach any cabinet figure, let alone the president, could be a political death sentence for Republicans in those swing districts.

In 2019, former House Speaker Nancy Pelosi, D-Calif., opposed impeachment of former President Trump — until she did not. By August 2019, Pelosi observed a sea change in her caucus. A number of moderate Democratic freshman who represented swing districts were shifting their views on impeachment.

Political leaders must have their finger on the pulse of their members. Without that crucial insight, they risk looking like they are being led by their members, not leading themselves. So, Pelosi shifted her position.

McCarthy does not appear to be ready to impeach, but he must be mindful of where his members are, and be in front of them. McCarthy’s statements the past two weeks were likely efforts to "get in front" of his members, should the votes to impeach present themselves and there is a bona fide shift in that direction.

Calls for impeachment recently ramped up after Sen. Chuck Grassley released the FD-1023 form that found first son Hunter Biden allegedly received millions of dollars as a result of a bribery scheme involving Burisma CEO Mykola Zlochevsky. 

Rep. Pat Fallon, R-Texas, immediately wrote that the form is "damning evidence that Biden is compromised," while Rep. Lauren Boebert, R-Colo., said "Biden should be thrown out of office. Impeach!"

While President Biden repeatedly denies having any knowledge of Hunter's business dealings, McCarthy recently highlighted vital evidence in the House GOP investigation of several payments going to "Biden shell companies" while he was serving as vice president.