‘Constitutional authority’ of Senate Dems quashing Mayorkas impeachment trial questioned by experts

Constitutional law experts are examining the implications of the precedent set by Senate Democrats on Wednesday, when they killed the impeachment trial of Department of Homeland Security Secretary Alejandro Mayorkas, effectively dismissing it. 

After the Senate deemed both articles of impeachment unconstitutional, the upper chamber adjourned, quashing all hope for a trial on Mayorkas' alleged crimes. This was historically significant, as an impeachment trial had never been dismissed, tabled or otherwise discarded without the accused official having first exited their role in one way or another. 

"The Senate has no constitutional authority to rule that the articles approved by the House do not state impeachable offenses," explained Andrew McCarthy, a former chief assistant United States attorney in the Southern District of New York and a senior fellow at the National Review Institute. 

SENATE STRIKES DOWN BOTH IMPEACHMENT ARTICLES AGAINST BIDEN BORDER CHIEF

The sole power to determine impeachable offenses lies with the House, McCarthy noted. This means neither the Senate nor a court of law would be within their rights to undermine the House's ability to make such determinations. 

Senate Majority Leader Chuck Schumer, D-N.Y., proposed two points of order during the court of impeachment deeming both articles of impeachment unconstitutional, which were passed by the Democratic majority. 

"This essentially nullifies the House’s important role in the impeachment process," McCarthy said. 

Alternatively, the Senate would have been well within its rights to "hold a trial and ultimately acquit Mayorkas of the charges," he added. 

REPUBLICANS PREDICT DEMS TO PAY 'HEAVY PRICE' IN ELECTION AFTER MAYORKAS IMPEACHMENT BID FAILS

The brief impeachment trial proceedings revealed "yet another of our constitutional norms is being undermined," said Randy Barnett, a renowned legal scholar and professor of constitutional law at the Georgetown University Law Center. 

However, Alan Dershowitz, a prominent constitutional scholar and emeritus professor of law at Harvard Law School, claimed, "There are no constitutional impeachment criteria charged."

He explained further that "dismissal is proper."

SENATE DEMS REVEAL MASSIVE $79M AD SPEND TO PROTECT MAJORITY AHEAD OF KEY MATCHUPS

McCarthy warned that "Democrats will come to regret it." He explained that in the case that Democrats take over the House's majority and Republicans the Senate, "Democrats will be undermined by the precedent they have set — especially if Donald Trump is elected president again."

Democrats would likely seek to once again impeach former President Trump if he is elected in November, McCarthy said, and "they have now handed Republicans a precedent authorizing the Senate to ignore the House."

Barnett claimed that impeachment is "ultimately a political power" and thus, political use of it is expected. However, he suggested that "the political nature of impeachment" is exactly what "necessitates the House having the opportunity to present its case both to the Senate and to the electorate in a public trial." This was prevented from taking place in the Senate. 

WHITE HOUSE DEEMS HOUSE IMPEACHMENT INQUIRY 'OVER,' PRESIDENT BIDEN FORMALLY DECLINES TO TESTIFY

"The only reason Republicans impeached Mayorkas was to get a high-profile hearing that would rivet the public’s attention to Biden’s border crisis," added McCarthy, who noted that the House understood they would never see a conviction or removal. 

"The Senate Democrats’ move does deny that public hearing," he said. For this, Democrats will "take a political hit," he continued. 

However, McCarthy described that Senate Democrats made a political calculation, ultimately determining that "it would be better to be criticized for not conducting a trial than to hold a trial," placing President Biden's border policies at the forefront and Democratic senators on record acquitting Mayorkas. 

This, he said, would look like the Democrats "endorsing Biden’s non-enforcement policies."

Senate votes down first impeachment article against DHS Secretary Mayorkas

The first article of impeachment against Department of Homeland Security Secretary Alejandro Mayorkas was deemed unconstitutional by the Senate on Wednesday in a party-line vote. 

The first of two articles of impeachment alleged Mayorkas engaged in the "willful and systemic refusal to comply with the law" regarding the southern border in his capacity as DHS secretary. 

Majority Leader Chuck Schumer, D-N.Y., proposed a point of order declaring the article unconstitutional, to which the majority of senators agreed following several failed motions by Republicans.

The article was deemed unconstitutional by a vote of 51-48, with Sen. Lisa Murkowski, R-Alaska voting present. 

This is a developing story. Please check back for updates.

Inside GOP plan to force as many votes on Mayorkas impeachment trial as possible

Senate Republicans are looking to hold as many votes as possible during the initial proceedings of the impeachment trial into Department of Homeland Security Secretary Alejandro Mayorkas before Democrats in the chamber are expected to succeed in dismissing the trial. 

Majority Leader Chuck Schumer, D-N.Y., explicitly stated his intent to seek a dismissal of the House-passed articles of impeachment during a speech on the Senate floor on Wednesday morning. While he had previously indicated that he wanted to quickly get past the proceedings, he had yet to confirm the Democratic plan to dismiss the trial. 

According to five Senate Republican sources familiar with the discussions, the structure of the proceedings is being negotiated with the Democrats. 

SENATORS TO BE SWORN IN FOR MAYORKAS IMPEACHMENT TRIAL AHEAD OF EXPECTED DISMISSAL

The two parties are looking into a potential agreement for unanimous consent, in which Republicans are allowed to propose eight total points of order against the motions to dismiss. Each point of order, or fact that senators determine whether there is agreement on, will require its own vote. Lengthening the process and requiring Democrats to go on record on several components of the impeachment articles against Mayorkas. 

Schumer noted in his chamber floor speech on Wednesday that he would look to appease Republicans by allowing both points of order and debate time. "When we convene in trial today to accommodate the wishes of our Republican Senate colleagues, I will seek an agreement for a period of debate time that would allow Republicans to offer a vote on trial resolutions, allow for Republicans to offer points of order and then move to dismiss," he said. 

HOUSE DELIVERS MAYORKAS IMPEACHMENT ARTICLES TO SCHUMER, SETTING UP TRIAL PROCEEDINGS

This agreement will require that no senator objects, and Schumer urged them not to. 

The unanimous consent agreement which is being sought between the parties would allow 90 minutes of open debate after the senators are sworn in as jurors at 1:00 p.m. Then, two resolutions would receive votes, one from Sen. Mike Lee, R-Utah, calling for a full Senate trial, and another from Sen. Ted Cruz, R-Texas, that would refer the matter to a Senate Impeachment Trial committee first. 

Representatives for Lee and Cruz did not confirm the unanimous consent agreement discussions before the time of publication. 

GOP SENATOR EYES LEGISLATION TO DEFUND 'PROPAGANDIST' NPR AFTER SUSPENSION OF WHISTLEBLOWER

One source noted the GOP was making an effort to use every option possible to require more votes within the impeachment trial process, putting their Democratic colleagues on record as much as possible. 

Following the proposal of each point of order and prior to voting, the deal being discussed for unanimous consent would require four minutes of debate ahead of each vote. This time would be equally divided between the parties. One source explained that some Republican senators see this debate time as an opportunity to have the case for Mayorkas's impeachment heard on the floor, even if it is not in the context of a full trial. 

SENATE DEMS REVEAL MASSIVE $79M AD SPEND TO PROTECT MAJORITY AHEAD OF KEY MATCHUPS

Several Senate Republican sources also indicated that the dismissal route, which Schumer revealed he planned to take, was preferable to a motion to table. Tabling the trial has never happened with an impeachment, as GOP senators have noted, and it also does not provide the ability for any arguments from impeachment managers or defense counsel or debate between senators. 

If agreed to, the Mayorkas impeachment trial is likely to ultimately see dismissal, but Republicans will have several opportunities to put Democrats, particularly vulnerable ones who are up for re-election in pivotal states, on the record on multiple immigration and border related topics. 

Senators to be sworn in for Mayorkas impeachment trial ahead of expected dismissal

Senators are set to be sworn in as jurors at 1:00 p.m. on Wednesday to begin consideration of the House-passed articles of impeachment against Department of Homeland Security Secretary Alejandro Mayorkas, a process that Republicans have warned that their Democratic colleagues will try to quickly end. 

House impeachment managers officially delivered the articles of impeachment, which passed the lower chamber in February, to Majority Leader Chuck Schumer, D-N.Y., on Tuesday on the Senate floor. 

HOUSE DELIVERS MAYORKAS IMPEACHMENT ARTICLES TO SCHUMER, SETTING UP TRIAL PROCEEDINGS

The long-awaited delivery set into motion a procedure in the Senate, requiring that lawmakers be sworn in as jurors the following day to address the articles. 

However, Republicans have spent the last few weeks speculating that their Democratic counterparts will look to off-ramp the impeachment trial before arguments begin. This was confirmed by Schumer on the Senate floor on Wednesday morning when he confirmed his intention to seek dismissal.

Several Democratic senators have voiced support for dismissing the articles in the lead up to the trial's consideration, including Senate Majority Whip Dick Durbin, D-Ill., in a recent speech on the chamber floor. 

Schumer had previously stated his plans to "expeditiously" deal with the impeachment trial proceedings, without indicating the specific route the caucus was planning to take. 

SENATE DEMS REVEAL MASSIVE $79M AD SPEND TO PROTECT MAJORITY AHEAD OF KEY MATCHUPS

Republicans have expressed outrage at the likely refusal of their colleagues to allow a full impeachment trial against Mayorkas to play out. They have even threatened to shut down the Senate by making constant objections to requests for unanimous consent on regular business if a trial isn't seen all the way through. 

At a press conference following the article delivery on Tuesday, Sen. Ted Cruz, R-Texas, previewed that "we're going to see Chuck Schumer throw out 200 years of history [and] ignore the Constitution," referencing the fact that an impeachment trial has never been tabled by the Senate. 

GOP SENATOR EYES LEGISLATION TO DEFUND 'PROPAGANDIST' NPR AFTER SUSPENSION OF WHISTLEBLOWER

"He does not want these [House impeachment] managers to present the evidence of the people dying because of their policies," he added. 

Several vulnerable Democratic senators were expected to be the deciding factors on whether a trial was allowed to play out. But in recent days, multiple Democrats in highly competitive races in battleground states have revealed they want to see the trial dismissed. 

Casey expressed his opinion for the first time on Tuesday, telling CNN, "I think we should move on and get to work on a bipartisan border security deal."

There have also been multiple Republicans whose planned votes were considered a mystery. Sens. Mitt Romney, R-Utah, Lisa Murkowski, R-Alaska, and Susan Collins, R-Maine, are concerns on the right, despite the conference being largely united. This unity was evidenced by 43 Republicans signing onto a letter last week calling on Schumer to allow the trial to be seen all the way through. 

With a narrow split in the upper chamber, agreement among the parties can be easily disrupted by just a few senators. Democrats hold the majority with just 51-49 over Republicans. 

Border Patrol busts illegal Mexican immigrant child sex offender they say carried guns in schools

Border Patrol agents in California this week busted an illegal immigrant child sex offender in California who officials said had previously carried guns in schools – the latest example of dangerous criminals entering the U.S. illegally. 

The unnamed Mexican man’s arrest was announced by El Centro Sector Chief Patrol Agent Gregory Bovino.

Bovino said in a statement that the man was arrested in the U.S. illegally and had a "troubling history." 

CBP REPORT REVEALS LOWEST MARCH FOR MIGRANT ENCOUNTERS; TEXAS CRACKDOWN CONTINUES

"He’s a convicted sex offender against children & has been known to carry firearms in public schools," he said.

He added that the community of Fresno in California "no longer has to worry about this threat."

CLICK HERE FOR MORE COVERAGE OF THE BORDER SECURITY CRISIS

So far, there have been over 8,700 arrests of criminal noncitizens this fiscal year, compared to more than 15,000 in fiscal 2023 and more than 12,000 in fiscal 2022. Among them this year were 119 sex offenders. There has been continued concern among some law enforcement and lawmakers that the ongoing crisis at the southern border has led to more criminals attempting to enter, including sneaking past Border Patrol agents as "gotaways."

Meanwhile, there were 189,372 encounters at the border in March, slightly lower than the same time last year.

While it was the lowest March for encounters under the Biden administration, CBP records show the first six months of fiscal 2024 had 1,340,801 total encounters, exceeding the first six months of fiscal 2023, which set a record of 1,226,254 total encounters. 

"CBP – in coordination with our partners across the Federal government as well as foreign partners – continues to take significant actions to disrupt criminal networks amidst unprecedented hemispheric migration activity," Acting CBP Commissioner Troy Miller said in a statement. "Encounters at our southern border are lower right now, but we remain prepared for changes, continually managing operations to respond to ever-shifting transnational criminal activities and migration patterns."

Meanwhile, Republicans have blamed the Biden administration for the crisis. This week, Republicans in the House will deliver articles of impeachment against Department of Homeland Security (DHS) Secretary Alejandro Mayorkas to the Senate – U.S. Customs and Border Protection is a DHS law enforcement agency.

Fox News’ Stephany Price contributed to this report.

Senate prepares for Mayorkas impeachment articles while GOP braces for possible dismissal motion

The Senate is preparing to receive articles of impeachment from the House of Representatives for Department of Homeland Security Secretary Alejandro Mayorkas. The looming question remains over what Democrats – who are in the majority in the upper chamber – will look to do after being sworn in as jurors on Wednesday.

Senate Republicans are turning up the pressure on their Democrat counterparts as they warn that Democrats will look to use a procedural maneuver to quickly table a trial against Mayorkas, effectively killing it.

Impeachment managers for the House are going to physically walk the House-passed articles over to the Senate and deliver them to Majority Leader Chuck Schumer, D-N.Y., at 2:15 p.m. on Tuesday, Speaker Mike Johnson's office told Fox News Digital.

BIDEN'S REPORT ADJUSTED GROSS INCOME OF $619,976 IN 2023

Following the article delivery, several Republicans, including Sen. Mike Lee, R-Utah, will hold a press conference with some of the selected House impeachment managers. 

The process was initially planned to begin with delivery on Wednesday last week, but GOP senators convinced Johnson to hold off on sending the articles in order to set a trial in motion earlier in the week and not ahead of a weekend when lawmakers would be eager to fly home.

The articles passed through the House in February, and as Republican senators waited for their arrival in the upper chamber, it's given them time to pressure their Democrat colleagues, particularly those up for reelection who face competitive races in November. With the border becoming a top issue in states across the country, several vulnerable Democrats find themselves in a difficult position when it comes to entertaining a full impeachment trial against Mayorkas.

BIDEN SILENT AFTER BEING PRESSED ABOUT IRANIAN STRIKE AGAINST ISRAEL: 'WHAT NOW?'

All eyes are on Sens. Bob Casey, D-Pa., Sherrod Brown, D-Ohio, Jacky Rosen, D-Nev., Tammy Baldwin, D-Wis., and Jon Tester, D-Mont., ahead of any potential motions to table or otherwise dismiss the impeachment trial after senators are sworn in on Wednesday. Aside from Rosen, who said she would like to see the articles dismissed, the other Democrats didn't say what they would do if such a motion was under consideration.

It's also unclear whether Sens. Mitt Romney, R-Utah, Susan Collins, R-Maine, and Lisa Murkowski, R-Alaska, will go along with the largely united GOP's quest to see a full trial through. Most recently, Romney questioned whether there were any high crimes or misdemeanors committed, suggesting a policy difference didn't warrant impeachment.

These few senators will ultimately decide what happens upon swearing in, as the Senate's party split is narrow at 49-51.

WHERE ARE THEY NOW? TRUMP'S FORMER OPPONENTS LINING UP NEW JOBS AFTER FAILED 2024 PRESIDENTIAL BIDS

In an effort to force senators to allow a full trial, a number of Senate Republicans are planning to potentially halt all legislative business in the upper chamber by objecting to regular proceedings. With many noting that unanimous consent is necessary to keep the Senate moving, Republicans are preparing to object to traditionally uncontested actions that are taken to expedite Senate action and avoid wasting time.

In a floor speech on Monday, Senate Democrat Whip Dick Durbin, D-Ill., urged dismissal of the impeachment articles.

"Instead of doing their job and working to find legislative solutions to complex, challenging problems, too many Republicans have decided that impeachment of a Cabinet official for actually doing his job is a better exercise of time," he said.

He pleaded with his fellow senators to "quickly dispose of these unjustifiable articles of impeachment."

Senate prepares for Mayorkas impeachment articles while GOP braces for possible dismissal motion

The Senate is preparing to receive articles of impeachment from the House of Representatives for Department of Homeland Security Secretary Alejandro Mayorkas. The looming question remains over what Democrats – who are in the majority in the upper chamber – will look to do after being sworn in as jurors on Wednesday.

Senate Republicans are turning up the pressure on their Democrat counterparts as they warn that Democrats will look to use a procedural maneuver to quickly table a trial against Mayorkas, effectively killing it.

Impeachment managers for the House are going to physically walk the House-passed articles over to the Senate and deliver them to Majority Leader Chuck Schumer, D-N.Y., at 2:15 p.m. on Tuesday, Speaker Mike Johnson's office told Fox News Digital.

BIDEN'S REPORT ADJUSTED GROSS INCOME OF $619,976 IN 2023

Following the article delivery, several Republicans, including Sen. Mike Lee, R-Utah, will hold a press conference with some of the selected House impeachment managers. 

The process was initially planned to begin with delivery on Wednesday last week, but GOP senators convinced Johnson to hold off on sending the articles in order to set a trial in motion earlier in the week and not ahead of a weekend when lawmakers would be eager to fly home.

The articles passed through the House in February, and as Republican senators waited for their arrival in the upper chamber, it's given them time to pressure their Democrat colleagues, particularly those up for reelection who face competitive races in November. With the border becoming a top issue in states across the country, several vulnerable Democrats find themselves in a difficult position when it comes to entertaining a full impeachment trial against Mayorkas.

BIDEN SILENT AFTER BEING PRESSED ABOUT IRANIAN STRIKE AGAINST ISRAEL: 'WHAT NOW?'

All eyes are on Sens. Bob Casey, D-Pa., Sherrod Brown, D-Ohio, Jacky Rosen, D-Nev., Tammy Baldwin, D-Wis., and Jon Tester, D-Mont., ahead of any potential motions to table or otherwise dismiss the impeachment trial after senators are sworn in on Wednesday. Aside from Rosen, who said she would like to see the articles dismissed, the other Democrats didn't say what they would do if such a motion was under consideration.

It's also unclear whether Sens. Mitt Romney, R-Utah, Susan Collins, R-Maine, and Lisa Murkowski, R-Alaska, will go along with the largely united GOP's quest to see a full trial through. Most recently, Romney questioned whether there were any high crimes or misdemeanors committed, suggesting a policy difference didn't warrant impeachment.

These few senators will ultimately decide what happens upon swearing in, as the Senate's party split is narrow at 49-51.

WHERE ARE THEY NOW? TRUMP'S FORMER OPPONENTS LINING UP NEW JOBS AFTER FAILED 2024 PRESIDENTIAL BIDS

In an effort to force senators to allow a full trial, a number of Senate Republicans are planning to potentially halt all legislative business in the upper chamber by objecting to regular proceedings. With many noting that unanimous consent is necessary to keep the Senate moving, Republicans are preparing to object to traditionally uncontested actions that are taken to expedite Senate action and avoid wasting time.

In a floor speech on Monday, Senate Democrat Whip Dick Durbin, D-Ill., urged dismissal of the impeachment articles.

"Instead of doing their job and working to find legislative solutions to complex, challenging problems, too many Republicans have decided that impeachment of a Cabinet official for actually doing his job is a better exercise of time," he said.

He pleaded with his fellow senators to "quickly dispose of these unjustifiable articles of impeachment."

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

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. 

Heartland voters feeling strain of mass migration: ‘Every state is a border state’

The oft-repeated claim by Republican politicians, "Every state is a border state," appears to be resonating with voters across the country and notably in states that are thousands of miles away from the U.S. southern border

"Every state became a border state when President Biden took office and immediately reversed commonsense policies that protected our borders," Iowa Gov. Kim Reynolds, a Republican, told Fox News Digital in a statement. 

Immigration surpassed all other issues in a poll by Gallup in February, as more Americans agreed it was "the most important problem facing this country today." The number of respondents to say so jumped eight points from January, to 28%. The previous issue cited as most important by Americans was "government," followed by immigration, inflation and the economy in general. While immigration concerns managed to climb, government, inflation and economic worries remained relatively steady. 

READ MORE IMMIGRATION COVERAGE FROM FOX NEWS DIGITAL

The issue ranked as the most important for the first time since 2019, prior to President Biden taking office and during former President Trump's administration. This was the year Trump declared a national emergency at the southern border following congressional refusal to grant him requested funds for border wall construction. 

"The federal government’s inaction at our nation’s borders has led to a crisis with direct impacts upon all fifty states," New Hampshire Republican Gov. Chris Sununu told Fox News Digital in a statement. 

BIDEN HAD SIMILAR LEGAL AID ARRANGEMENT HE SLAMMED TRUMP OVER

In the state, which is more than 2,000 miles from the U.S. southern border, 83% of residents said they consider illegal immigration a serious issue for the country. Among those residents, 58% said it is "very serious," according to a March University of New Hampshire Survey Center (UNHSC) poll. 

Andrew Smith, director of the UNHSC, noted that the percentage of those who agree that illegal immigration is a "very serious" issue nationally has remained steady for more than a decade. 

Julie Kirchner, executive director of the Federation for American Immigration Reform (FAIR), told Fox News Digital in a statement, "Americans are not only seeing total chaos at the borders, where foreign nationals are literally tearing down barriers and assaulting border agents, they are witnessing first-hand how the crisis impacts every aspect of society."

At the same time, the March polling revealed that support for the construction of a border wall has surged since 2017, when opposition among New Hampshire residents was at more than half. Now, 52% in the state are in favor of the border wall, while 39% are against it. 

"Every state, including New Hampshire, has experienced firsthand the economic and emotional toll associated with the federal government’s failed response," said Sununu. 

Reynolds claimed, "It’s clear to Iowans, and the American people, that the only way this chaos and crisis at the border can be fixed is at the ballot box," crediting Biden with the widespread effects of illegal immigration. 

Democratic strategist Eric Koch pushed back on the idea the surging concern over immigration is Biden's fault, however. He noted that Republicans and Democrats in the Senate had been negotiating a border package "that President Biden said he would have signed." The deal was ultimately sunk after former President Trump came out against it and Republican lawmakers followed suit. 

"Trump and Republicans don't actually want to solve problems and walking away from the bipartisan border deal only confirms that," Koch added. 

A White House spokesperson told Fox News Digital in a statement, "The Administration spent months negotiating in good faith to deliver the toughest and fairest bipartisan border security bill in decades because we need Congress to make significant policy reforms and to provide additional funding to secure our border and fix our broken immigration system."

The statement accused Republicans of placing "partisan politics ahead of our national security" in rejecting the border deal.

"Even without significant action from Congress, DHS is maximizing its enforcement operations," the spokesperson said. 

SEN ERNST CITES JEWISH STUDENT DISCRIMINATION IN BID TO PROTECT FREE SPEECH ON CAMPUSES

In South Carolina's recent Republican presidential primary, 37% of voters pointed to immigration as the issue that was of the most significance to them ahead of casting their vote, according to a Reuters exit poll. 

The economy came in second at 33% in the state, which is similarly more than 1,000 miles from the southern border. 

"Every state is a border state because the Biden administration policies are to allow hundreds of thousands of aliens to illegally enter the United States and then be transported by federally funded NGO’s to wherever they choose," said James Massa, CEO of NumbersUSA. 

"A reason those non-border state voters are so focused on this is because of the right-wing media obsession with the issue," claimed Democratic strategist Kaivan Shroff, who chalked some of the concern up to a tactic to rally the Republican base.

"The irony here is Biden and Democrats have put forth a bipartisan border deal that would address many of the cited concerns Republicans have been focused on, and the deal was killed because of Trump," he added, echoing both the White House and fellow strategist Koch. 

As Massa pointed out, non-governmental organizations are involved in the transportation of illegal immigrants to various locations within the U.S., and many of these NGOs also receive federal reimbursement and advance payments from the Department of Homeland Security for providing shelter or other eligible services to migrants released by DHS. 

'EXPECT NPR TO SUFFER’ UNDER GOP ADMIN: REPUBLICANS RENEW CALL TO DEFUND OUTLET AMID BIAS SCANDAL

"The border crisis is funded with taxpayer dollars, regardless of state," he claimed. 

He further said that illegal immigrants are choosing to travel further into the U.S. once being paroled by DHS, opting to settle in states "that have sanctuary policies and/or benefit programs."

Illegal immigrants have also been transported by Texas Gov. Greg Abbott's administration to locations that have touted "sanctuary" policies for illegal immigrants, which some have pointed to as a trigger for concerns about the border across the country. 

"Since launching the border transportation mission in April 2022, Texas has transported over 112,000 migrants to self-declared sanctuary cities to provide much-needed relief to our overrun and overwhelmed border communities as the Biden administration leaves thousands of migrants in Texas border towns," said Renae Eze, Abbott spokesperson. 

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

Republican strategist Doug Heye noted that "complaints from Democratic politicians that they can’t handle this crisis on their own" lend some credence to the claim that every state is now effectively a border state. 

Leaders of cities such as Chicago and New York, among others, have been overwhelmed by the illegal immigrants pouring in, prompting them to request assistance from Biden and the White House and plead with Abbott to halt his busing program.

"The sheer hypocrisy of these Democrat mayors knows no bounds, going to extreme lengths to avoid fulfilling their self-declared sanctuary city promises, yet they remain silent as President Biden transports migrants all around the country and oftentimes in the cover of night," added Eze. 

Iowa GOP strategist David Kochel suggested the "squealing of [Democratic] mayors … is definitely related to the busing."

Rep. Mike Garcia slams FBI director as being ineffective at his job: ‘I don’t trust you’

Rep. Mike Garcia, R-Calif., blatantly told FBI Director Christopher Wray that he does not trust him, while accusing him of not being transparent and standing "relatively silent" about the southern border instead of helping to shape policies on the matter, particularly regarding national security.

Wray met with the House Appropriations subcommittee on Thursday afternoon urging Section 702 of the Foreign Intelligence Surveillance Act (FISA) to be reauthorized by Congress and to discuss next year’s budget, and while some of the discussion involved dollar figures, the FBI director was there to defend efforts to fend off terrorist attacks and the infiltration of the U.S. by violent gangs through the southern border, many of which are connected to the fentanyl epidemic.

When it was time for Garcia to question Wray, the Congressional representative did not hold back.

"I’ll be honest with you, and this pains me to say this, but I don’t trust you," Garcia told Wray.

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

The legislator told Wray he did not think it was a funding problem, but rather a "lack of transparency," along with the "weaponization and politicization" of issues and instruments used for national security against Americans and institutions, like churches.

Garcia accused Wray of standing relatively silent and passive about "the biggest national security threat" to the U.S. – referring to the southern border — and refused to give "little credence" in the director’s ability to do his job or lead the "brave agents" below him.

"I don’t trust you to protect us," Garcia said. "I think because of your inability to lead and also shape the policies and the DOJ and at the White House, we are now in a more precarious position than we were, I would submit, than we were on September 10th of 2001."

FBI DIRECTOR CHRISTOPHER WRAY CITES INCREASED FOREIGN THREATS IN FISA REAUTHORIZATION PLEA: ‘ROGUE’S GALLERY'

Wray appeared to listen as the congressional representative continued to attack him and his reputation.

During the hearing, Wray spoke about the border and his concerns about it being open, particularly in terms of how the opening benefits the cartels and the flow of fentanyl into the U.S.

He told the subcommittee that when agents take down violent gangs, they notice it includes the seizure of fentanyl. The fentanyl, Wray explained, is coming from the cartels, which are getting the dangerous drug from China.

HOUSE BRACES FOR BATTLE OVER RENEWING CONTROVERSIAL FISA SURVEILLANCE TOOL

"Last year, I guess the last two years in a row…the FBI seized enough fentanyl to kill 270 million American people," he said. "And that gives you a sense of the scale of what we’re up against."

Wray continued to speak about instances with the Sinaloa and CJNG cartels, saying he has asked for help from the Mexican government in dealing with these dangerous criminals.

Efforts to target the cartels include going after their money and assets and other infrastructure, as well as going after leadership. But to do so, he added, the FBI is going to need more money.

Garcia told Wray that prior to him being able to ask questions, the FBI director had only mentioned the southern border about four times, closing over the idea that there are over 7 million people who have entered the country illegally, 350 of whom are on the FBI terror watch list, and 1.7 million who were able to flee border patrols before being apprehended.

FBI DIRECTOR SAYS CHINESE HACKERS ARE 'POISED TO ATTACK' AS INFILTRATIONS REACH 'FEVER PITCH'

The representative accused Wray, Attorney General Merrick Garland, Department of Homeland Security Secretary Alejandro Mayorkas and President Biden of not protecting American citizens, and putting them into a "clear and present danger situation."

"You have been unable to change the policies driven by your leadership," Garcia told Wray, adding he was ineffective at shaping policies that affect national security.

"Can I just get a simple yes or no response," Garcia asked. "Does the border policy make your job easier or harder, or are we safer or less safe as a result of the open border policy?"

Wray responded and said he had been consistent in citing his concerns about the threats along the border, adding he disagreed "very strongly" with a number of aspects of it.

He then asked if he had gone to Biden and pointed out that the "border policy is a galactic stupid policy from a national security perspective," and if so, how it went.

"Well, I’m not going to get into specific conversations with people," Wray said. "I’ve been consistent in my message externally and internally about my concerns about the threats that are from the FBI’s perspective, that emanate from the border."