Tim Scott rips ‘two-tiered standard’ between treatment of Trump, Biden on border executive action: video

FIRST ON FOX — Republican South Carolina Sen. Tim Scott slammed what he called a "two-tiered standard" concerning President Biden mulling executive action to handle the border crisis, and how former President Trump was treated during his presidency when he attempted to do the same thing.

"Well, there's no question that there's a two-tiered standard in our national media. The way they cover President Trump versus the way that they use kid gloves to cover Joe Biden. There's no question about that," Scott said during a Thursday interview with Fox News Digital when asked about reports that Biden is weighing executive action to crack down on asylum-seeking.

"More important, however, is that when we had President Trump in office, we actually had a basically sealed southern border. Crossings were around a thousand a day. Under President Biden in December, we had 10,000 crossings on average per day," he added. "That contrast should be what the media is covering."

TRUMP VP AUDITIONS: SCOTT RAMASWAMY HIT TRAIL IN SOUTH CAROLINA ON BEHALF OF FORMER PRESIDENT

An administration source told Fox earlier this week that Biden is considering executive action to restrict the ability of migrants to claim asylum amid historic numbers of border crossings facing the country, but that it’s one of "several" plans being looked at.

An administration official also stressed that there have been no final decisions on what actions, if any, could be taken and that exploring policy options does not mean they will come to pass.

One of the options reportedly on the table is use of 212(f) of the 1952 Immigration and Nationality Act, which allows the president to restrict certain categories of foreigners who are deemed "detrimental to the interests of the United States." Trump attempted to use it but was blocked by a federal court, a ruling later upheld by the Supreme Court.

HISPANIC HOUSE DEMS ACCUSE BIDEN OF LEAVING THEM IN DARK ON POSSIBLE EXECUTIVE ACTION AT BORDER

The former president also faced sharp criticism from Democrats and members of the liberal media for attempting to use executive action on immigration, including being called "xenophobic" and "racist."

Biden has yet to face the same widespread level of criticism, although some of the more progressive Democrats have lashed out at the idea of Biden reverting to the previous administration's approach.

"Democrats CANNOT solve immigration problems by adopting Trump-like policies," Rep. Pramila Jayapal, D-Wash., wrote in a post on X, while Rep. Jesús García, D-Ill., claimed, "President Biden would be making a grave mistake if he moves forward with this policy."

DEMOCRAT IN CRUCIAL SENATE RACE UNDER FIRE FOR PAST AMNESTY, SANCTUARY CITY ‘SUPPORT’ AS BORDER CRISIS SPIRALS

The possible executive action by Biden comes just under two weeks after the House of Representatives narrowly voted to impeach Homeland Security Secretary Alejandro Mayorkas over his handling of the border crisis.

During a gaggle with reporters after casting his vote in the South Carolina primary earlier in the day, Scott told Fox that he "certainly" supported Mayorkas' impeachment, and he praised the House for having the "courage" to take such action. However, he admitted the task likely wouldn't go anywhere in the Democrat-controlled Senate.

"The best way to eliminate Mayorkas being the secretary is to actually fire Joe Biden," he said. "If we really want to change the trajectory of the country as it relates to immigration — illegal immigration — we have to do so by having someone, a commander-in-chief, who respects our borders, who wants to close our borders."

Fox News' Adam Shaw and Paul Steinhauser contributed to this report.

Texas AG Paxton sues NGO aiding migrants, accuses it of encouraging illegal immigration

FIRST ON FOX: Texas Attorney General Ken Paxton is suing a Catholic non-governmental organization operating in the state and wants to have its registration revoked, alleging that it is encouraging illegal immigration and operating a stash house for those entering illegally.

Paxton has sued Annunciation House — a Catholic nonprofit set up in the 1980s — and is seeking to revoke its registration to operate in Texas.

Annunciation House describes itself as a volunteer organization that "offers hospitality to migrants, immigrants, and refugees in El Paso, Texas."

TEXAS AG KEN PAXTON SAYS STATE WON’T COMPLY WITH BIDEN ADMINISTRATION ORDER TO REOPEN PARK TO FEDERAL AGENTS

"Rooted in Catholic social teaching, the volunteers of Annunciation House live simply and in community, in the same houses as the guests we serve, who are mostly from Mexico and Central America," the group’s website says. "We also participate in advocacy and education around immigration issues. We seek to be a voice for justice and compassion, especially on behalf of the most marginalized of our society."

But Paxton’s lawsuit accuses the group of "openly and flagrantly violating many provisions of law in a systemic fashion." Specifically, it accuses it of providing shelter to illegal immigrants who have evaded law enforcement, of encouraging illegal immigration, of engaging in human smuggling and of operating a "stash house."

"Annunciation House appears to be engaged in the operation of an illegal stash house by potentially allowing others to use its real estate to engage in human smuggling," the lawsuit says.

Paxton’s office had requested records from the organization to evaluate potential violations of federal law. However, the organization in turn sued the AG’s office, seeking a restraining order and accusing it of making an impossible demand due to its limited volunteer staff and of violating its "constitutional rights of association."

EAGLE PASS MAYOR SAYS SHOWDOWN BETWEEN TEXAS, FEDS OVER BORDER CONTROL IS 'FRUSTRATING,' A 'CONSTANT STRUGGLE'

The lawsuit requests that its right to operate in Texas is terminated and also asks the court to appoint a receiver to liquidate its assets.

"The chaos at the southern border has created an environment where NGOs, funded with taxpayer money from the Biden Administration, facilitate astonishing horrors including human smuggling," Paxton said in a statement. "While the federal government perpetuates the lawlessness destroying this country, my office works day in and day out to hold these organizations responsible for worsening illegal immigration."

In a statement, Annunciation House said it "does its work of accompaniment out of the Gospel mandate to welcome the stranger."  

"This is no different from the work of schools who enroll migrant children, the clinics and hospitals who care for the needs of their ill, the churches, synagogues, and mosques who welcome their families to join in worship," a spokesperson told Fox News Digital. "For the Attorney General to suddenly attack Annunciation House after forty-six years of service to the poor is simply shameful."
 

The legal battle comes amid a broader fight between Texas, which has promoted border security and sought to block illegal immigrants entering the U.S., and the federal government, which has embraced the role of NGOs in processing and aiding illegal immigrants and has sought millions in funding from Congress for groups and communities that receive them.

There was a record 2.4 million migrant encounters in fiscal 2023, and December set a record for encounters with more than 301,000 in that month alone. The House last week impeached DHS Secretary Alejandro Mayorkas over his handling of the crisis. Articles of impeachment now go to the Senate for a trial.

Fox News' Aubrie Spady contributed to this report.

Chinese illegal immigration on pace to break records at US southern border

A dramatic increase in Chinese illegal immigration is on track to break records at the southern border, with apprehensions from the communist country in one sector alone already eclipsing fiscal 2021 in just a few days.

U.S. Customs and Border Protection (CBP) sources tell Fox News that between Saturday and Monday there were 452 Chinese nationals apprehended by Border Patrol in the San Diego Sector alone.

That’s more than the 450 apprehended in fiscal 2021 altogether across the entire southwest border.

The number of Chinese nationals has been increasing since fiscal 2021. In fiscal 2022, numbers increased to more than 2,000 border-wide. In fiscal 2023, that number then surged to more than 24,314.

CHINESE MIGRANTS POURING ACROSS SOUTHERN BORDER SPARK NATIONAL SECURITY CONCERNS

So far in fiscal 2024, which began in October, there have been more than 18,750 encounters by the end of January, meaning that the fiscal year is already on track to exceed last year’s numbers. There were nearly 6,000 encounters in December alone.

The increase in migration from China is an indicator of how global the U.S. border crisis has become. Officials previously said they have encountered migrants from more than 150 countries. Fox News witnessed migrants from countries including Brazil, Kazakhstan, Kyrgyzstan, Ecuador and China crossing into the U.S. at San Diego this week.

Chinese nationals have quickly become the fastest-growing demographic entering the country illegally. Some officials and Republican lawmakers have raised concerns that single adults entering from the geopolitical rival could pose a national security threat.

Brandon Judd, the president of the National Border Patrol Council, which represents all rank-and-file Border Patrol agents nationwide, told Fox News last week that the majority of the Chinese border crossers are single adult males of military age.

INFLUX OF ILLEGAL CHINESE MIGRANTS THREATENS US TERRITORY; ISLAND MUST SHOW 'STRENGTH OF THE NATION'

"That is a very scary prospect. We know that China does not like us, we know that we are in the crosshairs of China," Judd said.

"And they are exporting so many people to our country, and you have to really fear about that."

"There have been numerous documented instances of Chinese nationals, at the direction of the CCP, engaging in espionage, stealing military and economic secrets," a group of Republican senators warned last year.

The Republican-held House impeached DHS Secretary Alejandro Mayorkas for his handling of the migrant crisis. The articles of impeachment now go to the Senate for a trial.

Overall, there have been more than 961,000 migrant encounters this fiscal year after a record-setting 2.4 million in fiscal 2023. December saw a record 301,000 encounters, followed by a sharp drop to 176,000 in January.

Fox News' Aubrie Spady and Michael Dorgan contributed to this report.

7.2M illegals entered the US under Biden admin, an amount greater than population of 36 states

Nearly 7.3 million migrants have illegally crossed the southwest border under President Biden's watch, a number greater than the population of 36 individual states, a Fox News analysis finds.

That figure comes from U.S. Customs and Border Protection, which has already reported 961,537 border encounters in the current fiscal year, which runs from October through September. If the current pace of illegal immigration does not slow down, fiscal year 2024 will break last year's record of 2,475,669 southwest border encounters — a number that by itself exceeds the population of New Mexico, a border state. 

The total number of southwest land border encounters since Biden assumed office in 2021 is 7,298,486, CBP data shows. 

That is larger than the population of 36 U.S. states, including Alabama, Alaska, Arkansas, Colorado, Connecticut, Delaware, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, North Dakota, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, West Virginia, Wisconsin and Wyoming. 

MIGRANTS CAUGHT ON NEW VIDEO STREAMING DOWN REMOTE CALIFORNIA MOUNTAINSIDE TO ILLEGALLY CROSS THE BORDER

Compared to the largest U.S. states, the 7.3 million number is about 18.7% of California's population of 39 million, 23.9% of the state of Texas and its 31 million residents, 32.3% of the population of Florida and 37.3% of New York. It's more than half the size of Pennsylvania, Illinois and Ohio. 

Were the number of illegal immigrants who entered the United States under President Biden gathered together to found a city, it would be the second-largest city in America after New York. And the total does not include an estimated additional 1.8 million known "gotaways" who evaded law enforcement, which would make it bigger than New York. 

Taken together, nearly 10 million migrants have crossed into the U.S. illegally during the Biden administration, a record Biden's critics assert could only be achieved by intentionally refusing to enforce the law. 

"This unprecedented surge in illegal immigration isn't an accident. It is the result of deliberate policy choices by the Biden administration," said Eric Ruark, Director of Research for Numbers USA, a nonprofit that advocates for immigration restrictions.

The Department of Homeland Security did not respond to a request for comment.  

MIGRANT CRISIS: NOEM SENDS NATIONAL GUARD TO SOUTHERN BORDER'S ‘WARZONE’

Republicans and anti-illegal immigration activists have for years blamed Biden for allowing the current overwhelming surge of migrants by reversing former President Donald Trump's border policies. The Biden administration has denied responsibility for the crisis and pointed to external "push" factors like violence and economic instability in South and Central America as the culprit responsible for vast waves of migration to the U.S. 

However, the president's critics say migrants face more of a "pull" factor in the form of job opportunities and government benefits because they know they will not face deportation under Biden's lenient policies. 

"The administration has refused to enforce existing immigration law and taken every opportunity to aid and abet illegal border crossings — through policies such as catch-and-release, mass parole, and offering temporary work permits to tens of thousands of foreigners who make dubious claims for asylum," Ruark told Fox News Digital. "In actual effect, the United States government is completing the human smuggling and trafficking process for the Mexican cartels."

Ira Mehlman, a spokesman for the Federation for American Immigration Reform (FAIR), said migrants have learned in the last three years that they won't face deportation for entering the country illegally. 

"They have sent the signal that if you come to the U.S. illegally, if you abuse the asylum system, you'll be released into the country and allowed to remain here, in most cases given work authorization," Mehlman said. "Even if you neglect to show up for your hearings, the odds of you being removed are negligible. The president claims he doesn't have the authority to enforce our laws. He absolutely does. He is deliberately not enforcing those laws."

LARGE MAJORITY OF ILLEGAL BORDER CROSSING SHIFT TO ARIZONA AND CALIFORNIA, PIVOTING AWAY FROM TEXAS

Biden has called on Congress to pass new laws he claims would let him solve the border crisis. He endorsed a bipartisan deal in the Senate that included an "emergency border authority" to mandate Title 42-style expulsions of migrants when migration levels exceed 5,000 a day over a seven-day rolling average. It would have also limited the window for people to apply for asylum, provided immediate work permits for asylum seekers and funded a massive increase in staffing at the border and more immigration judges. 

But conservatives tanked the deal in the Senate after House Republicans declared it a non-starter. They argued the bill would have normalized record-high levels of illegal immigration and said Biden currently has all the authority he needs to reenact Trump's policies and secure the border. 

While the debate rages, House Republicans have impeached Homeland Security Secretary Alejandro Mayorkas for allegedly refusing to enforce immigration laws. Two impeachment articles advanced against Mayorkas accused him of having "refused to comply with Federal immigration laws" and violating the "public trust."

DHS has criticized the effort as politically motivated and insisted the Biden administration is enforcing the laws on the books. 

Biden said that "history will not look kindly on House Republicans for their blatant act of unconstitutional partisanship that has targeted an honorable public servant in order to play petty political games."

Fox News' Bill Melugin, Adam Shaw and Jamie Joseph contributed to this report.

2 House members from Florida missed Mayorkas’ impeachment vote over massive Palm Beach flight delays

Two U.S. House members from Florida missed the vote Tuesday that secured Homeland Security Secretary Alejandro Mayorkas' impeachment due to massive flight delays. 

Rep. Brian Mast, R-Fla., said he would vote to impeach Mayorkas, while Rep. Lois Frankel, D-Fla., fully expected to vote against impeaching the Biden Cabinet official, yet both members of Congress failed to get back to Washington, D.C., in time due to massive delays at Palm Beach International Airport. 

Mast shared a video to X from the airport "on about hour nine of waiting for a flight with a broken circuit board." 

"Hoping to get off the ground soon, but they did just call votes in the House of Representatives as they normally do at this time, and it looks like I’m going to miss the vote to impeach Mayorkas," he said. "I was there for the first one – absolutely voted to do that – but it looks like I’m going to miss this one." 

HOUSE REPUBLICAN WHO OVERSAW MAYORKAS IMPEACHMENT WON'T RUN FOR RE-ELECTION

"There’s a couple other Palm Beach reps here as well. Lois Frankel is here in the airport sitting back there behind me," Mast said, showing the seating area next to the flight gate. "A few other representatives from this area that are going to miss it as well. But that is how I would be definitely doing that had I been there – there went Lois walking behind me."   

In the post itself, Mast wrote, "Not only is Secretary Mayorkas horrible at his job, he is willfully refusing to do it. Thankfully, despite mechanical failures on my flight, we still had enough votes to impeach him tonight. He has abandoned the trust of the American people, and he deserves to be impeached."

Frankel also confirmed the flight delay in a statement of her own. 

"Unfortunately, my flight from Palm Beach to Washington was severely delayed today. I waited at the airport for eight hours, which caused me, along with a Republican colleague on the same flight, to miss the vote. Had I been present, I would have voted no, as I did last week," Frankel said. "House Republicans’ vote to impeach Secretary Mayorkas despite having no evidence of wrongdoing was a shameful political stunt that does nothing to fix our broken immigration system." 

The House of Representatives voted Tuesday to impeach Mayorkas over his handling of the border crisis – by just one vote. 

The 214-213 vote historically made Mayorkas the first ever sitting U.S. Cabinet official to be impeached. It was nearly 150 years ago that President Ulysses S. Grant’s secretary of war, William Belknap, resigned before the House approved articles of impeachment against him over a kickback scheme in government contracts. The Senate acquitted Belknap that same year, 1876. 

USER’S MANUAL TO WHAT’S NEXT NOW THAT THE HOUSE IMPEACHED MAYORKAS

The charges against Mayorkas next go to the Senate for a trial, but neither Democratic nor even some Republican senators have shown interest in the matter, and it may be indefinitely shelved to a committee, according to The Associated Press. The Senate is expected to receive the articles of impeachment from the House after returning to session Feb. 26. 

It was House Republicans' second attempt to impeach Mayorkas after a vote failed last week. 

Three House Republicans who broke ranks last week over the Mayorkas impeachment – Ken Buck of Colorado, Mike Gallagher of Wisconsin and Tom McClintock of California – all did so again Tuesday. With a 219-212 majority, House Speaker Mike Johnson, R-La., had few votes to spare. His margin got even smaller later Tuesday night when New York Democrat Thomas Suozzi won a special election to the seat once held by Republican George Santos before his expulsion from Congress.

In a dramatic development the first time around, Rep. Al Green, D-Texas, left the hospital bed where he was recovering from surgery to cast his "no" vote against Mayorkas' impeachment. 

Joining the three Republican defectors, Rep. Blake Moore, R-Utah, switched his vote to "no" at the last minute – a procedural move to be able to bring the resolution back to the floor. 

The Associated Press contributed to this report.

House Republican who oversaw Mayorkas impeachment won’t run for re-election

House Homeland Security Chair, Rep. Mark Green, R-Tenn., announced Wednesday he will not run for re-election, citing Alejandro Mayorkas' impeachment as a reason to retire from Congress and return to his home district after serving three terms in Washington, D.C.

"At the start of the 118th Congress, I promised my constituents to pass legislation to secure our borders and to hold Secretary Mayorkas accountable. Today, with the House having passed H.R. 2 and Secretary Mayorkas impeached, it is time for me to return home," Green said in a statement. "In the last few months, in reading the writings of our Framers, I was reminded of their intent for representatives to be citizen-legislators, to serve for a season and then return home. Our country – and our Congress – is broken beyond most means of repair. I have come to realize our fight is not here within Washington, our fight is with Washington."

"As I have done my entire life, I will continue serving this country – but in a new capacity," Green continued Wednesday, not disclosing if he will run again for governor in 2026, where the seat will up for grabs because Republican Gov. Bill Lee is prohibited from running under Tennessee’s gubernatorial term limits.

"I am grateful to my wife, Camie, and my family, for standing beside me and for their service to our nation," he continued, announcing his retirement. 

MAYORKAS FIRST CABINET OFFICIAL TO BE IMPEACHED SINCE 1876, SUOZZI WINS SANTOS' SEAT AND MORE TOP HEADLINES

"During my time in the Army, they sacrificed dad and husband to multiple deployments – and as I have served here in Congress, they have supported me as I’ve been away most weeks," he said. "I also want to thank the constituents of Tennessee’s 7th District for the unbelievable honor to serve them in Congress – whose vote of confidence was not only evident in the wide margins in each election, but also without ever having a single primary opponent in my three elections. And finally, I want to thank my staff, whose unmatched hard work, dedication, and talent have resulted in our many victories and one of the lowest turnover rates in Congress."

Green is the fifth Republican committee chair to forgo re-election. The others are House Appropriations Committee Chair Kay Granger, R-Texas, Energy and Commerce Committee Chair Cathy McMorris Rodgers, R-Wash., Financial Services Committee Chair Patrick T. McHenry, R-N.C., and House Select Committee on China Chair Mike Gallagher, R-Wis. 

Gallagher was one of just three Republican House members to vote against the impeachment of Mayorkas, joining with all House Democrats and preventing an initial measure from going forward. After that bid failed, a second attempt succeeded Tuesday, making Mayorkas the first Cabinet secretary to be impeached since 1876.

As chairman of the Committee on Homeland Security, Green spearheaded a months-long investigation of Mayorkas, his policies and his management of the department, ultimately concluding Tuesday that his conduct in office amounted to "high crimes and misdemeanors" worthy of impeachment. 

At the beginning of the 118th Congress, Green was selected as Chairman of the House Committee on Homeland Security, becoming the only member of Congress to be selected at the start of his or her third term to chair a major legislative committee this century, his office said. 

Green previously served as an Army surgeon and in the state Senate and is from Montgomery County. 

USER’S MANUAL TO WHAT’S NEXT NOW THAT THE HOUSE IMPEACHED MAYORKAS

Green flirted with running for governor in 2017, but suspended his campaign after he was nominated by former President Trump to become the Army secretary. He later withdrew his nomination amid criticism over his remarks about Muslims and LGBTQ+ Americans, including saying that being transgender is a disease, according to the Associated Press. He also urged that a stand be taken against "the indoctrination of Islam" in public schools and referred to a "Muslim horde" that invaded Constantinople hundreds of years ago.

After winning his congressional seat in 2018, Green once again made headlines after hosting a town hall where he stated that vaccines cause autism. He later walked back his comments. 

Last April, the Trump campaign announced Green would be a part of the Trump 2024 Tennessee Federal Leadership team. 

In 2022, Green's middle Tennessee congressional seat was among seats that Republicans drastically carved up during redistricting. The 7th Congressional District was redrawn to include a significant portion of Nashville. The congressional map is now facing a federal lawsuit, but that case is not scheduled to go to trial until April 2025.

The GOP primary to replace Green is on Aug. 1, and candidates have primary ballot acces until the April 4 deadline, according to the Federal Elections Commission. So far on the Republican side, Caleb Stack has pulled petitions to run for the congressional district Green will vacate at the end of his term. 

In a brazen attempt at a political comeback, former Nashville Mayor Megan Barry, who stepped down about five years ago amid now-dismissed criminal charges linked to her using taxpayer dollars to carry on an extramarital affair with her city-employed bodyguard, announced in December that she would run for Green's U.S. House seat as a Democrat. 

"I expect candidates who agree with Mark Green or are even more extreme will announce campaigns, and I look forward to taking on whoever makes it through that primary," Barry said in a statement.

The Associated Press contributed to this report. 

3 Republicans vote against impeaching DHS Secretary Mayorkas

Three Republican lawmakers voted against impeaching Secretary of Homeland Security Alejandro Mayorkas Tuesday night as the House of Representatives successfully impeached the border chief over his mishandling of the illegal immigration crisis at the U.S.-Mexico border.

Reps. Mike Gallagher, R-Wis., Ken Buck, R-Colo., and Tom McClintock, R-Calif., bucked their party to side with Democrats in opposing Mayorkas' impeachment.

This is the first time a Cabinet secretary has been impeached by the U.S. Congress since 1876.

The 214-213 vote comes after Mayorkas narrowly defeated impeachment last week when every House Democrat showed up to protect him, including Rep. Al Green, D-Texas, who temporarily left the hospital where he was recovering from surgery to cast his vote.

HOUSE VOTES TO IMPEACH DHS SECRETARY MAYORKAS OVER BORDER CRISIS

House Republicans have accused Mayorkas of ignoring existing immigration law and worsening the situation at the Southern Border.

The three Republicans who voted against impeachment on Tuesday have criticized Mayorkas' handling of the border but expressed reservations over whether it rose to the level of impeachment. McClintock warned it could set a precedent for political impeachments that could harm Republican officials in the future.

"Swapping one leftist for another is a fantasy, solves nothing, excuses Biden’s culpability, and unconstitutionally expands impeachment that someday will bite Republicans," McClintock said last week.

But House Speaker Mike Johnson, R-La., pushed back on concerns about precedent when speaking to reporters hours before the vote on Tuesday.

"Mayorkas is an exceptional case in U.S. history," Johnson said, adding that the secretary has done more "damage on the country than any Cabinet secretary that's ever been."

Johnson also spoke about the likely scenario that the impeachment would go nowhere in the Democrat-controlled Senate.

"The House has a constitutional responsibility, as I've said many times. It's probably the heaviest next to a declaration of war. And we have to do our job regardless of what the other chamber does," he said.

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

Two impeachment articles were approved against Mayorkas by the House Homeland Security Committee: one alleging he "refused to comply with Federal immigration laws" and the other alleging he violated "public trust."

The Department of Homeland Security criticized House Republicans for holding a second Mayorkas impeachment vote on Tuesday, pointing to comments by GOP lawmakers who have called the effort a waste of time.

"House Republicans' baseless push to impeach Secretary Mayorkas has already failed once, with bipartisan opposition," the department said. "If Members of Congress care about our national security, they should listen to their fellow Republicans and stop wasting time on this pointless, unconstitutional impeachment – time that could be spent addressing the issue by advancing bipartisan legislation to fix our broken immigration laws and provide needed resources for border security."

A DHS spokesperson said House Republicans "will be remembered by history for trampling on the Constitution for political gain rather than working to solve the serious challenges at our border."

"While Secretary Mayorkas was helping a group of Republican and Democratic Senators develop bipartisan solutions to strengthen border security and get needed resources for enforcement, House Republicans have wasted months with this baseless, unconstitutional impeachment," the spokesperson said.

"Without a shred of evidence or legitimate Constitutional grounds, and despite bipartisan opposition, House Republicans have falsely smeared a dedicated public servant who has spent more than 20 years enforcing our laws and serving our country," the spokesperson added. "Secretary Mayorkas and the Department of Homeland Security will continue working every day to keep Americans safe."

President Biden said, "history will not look kindly on House Republicans for their blatant act of unconstitutional partisanship that has targeted an honorable public servant in order to play petty political games."

"This impeachment already failed on a bipartisan vote," Biden said. "Instead of staging political stunts like this, Republicans with genuine concerns about the border should want Congress to deliver more border resources and stronger border security."

The articles will now head to the Senate, where the office of Majority Leader Chuck Schumer, D-N.Y., said Mayorkas' impeachment trial will begin later this month.

"The House impeachment managers will present the articles of impeachment to the Senate following the state work period," Schumer's office said in a statement. "Senators will be sworn in as jurors in the trial the next day. Senate President Pro Tempore Patty Murray will preside."

Fox News' Elizabeth Elkind and Bradford Betz contributed to this report.

House votes to impeach DHS Secretary Mayorkas over border crisis

Homeland Security Secretary Alejandro Mayorkas has been impeached by the House of Representatives.

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

Tuesday evening’s vote marked House Republicans’ second attempt at impeaching Mayorkas. GOP lawmakers targeted the Biden official over the ongoing migrant crisis at the U.S. border, accusing him of deliberately flaunting existing immigration law and worsening the situation. 

DENVER SCHOOLS OVERWHELMED BY MIGRANT SURGE AS MAYOR SLASHES $5M FROM PUBLIC SERVICES TO ADDRESS CRISIS

The 214-213 vote was always expected to be tight; Mayorkas narrowly escaped impeachment last week when every single House Democrat showed up to shield him, including Rep. Al Green, D-Texas, who temporarily left the hospital where he was recovering from surgery to cast his vote. 

Three Republicans also voted down the effort – Reps. Mike Gallagher, R-Wis., Ken Buck, R-Colo., and Tom McClintock, R-Calif. 

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

Each criticized Mayorkas’ handling of the border but had reservations over whether it rose to the level of impeachment. McClintock warned it could set a precedent for political impeachments that could harm GOP officials in the future.

"Swapping one leftist for another is a fantasy, solves nothing, excuses Biden’s culpability, and unconstitutionally expands impeachment that someday will bite Republicans," McClintock said last week.

However, Speaker Mike Johnson, R-La., dismissed any concerns about precedent in comments to reporters hours before the vote on Tuesday.

"Mayorkas is an exceptional case in U.S. history," Johnson said, accusing him of having done more "damage on the country than any Cabinet secretary that's ever been."

He also addressed the very likely scenario that the impeachment would go nowhere in the Democrat-held Senate. 

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

"The House has a constitutional responsibility, as I've said many times. It's probably the heaviest next to a declaration of war. And we have to do our job regardless of what the other chamber does," Johnson said.

Two impeachment articles were approved against Mayorkas by the House Homeland Security Committee. One accused him of having "refused to comply with Federal immigration laws" and the other of having violated "public trust."

The Department of Homeland Security criticized House Republicans for holding a second Mayorkas impeachment vote on Tuesday, citing comments by GOP lawmakers who have called the effort a waste of time.

"House Republicans’ baseless push to impeach Secretary Mayorkas has already failed once, with bipartisan opposition. If Members of Congress care about our national security, they should listen to their fellow Republicans and stop wasting time on this pointless, unconstitutional impeachment – time that could be spent addressing the issue by advancing bipartisan legislation to fix our broken immigration laws and provide needed resources for border security," the department said.

House GOP will attempt 2nd impeachment vote for Homeland Security Secretary Mayorkas on Tuesday

House Republicans are expected to hold a second vote to impeach Homeland Security Secretary Alejandro Mayorkas on Tuesday, after an initial effort seeking to do so failed last week. He is the first Cabinet secretary to face charges in nearly 150 years.

House Speaker Mike Johnson, R-Louisiana, has signaled he intends to bring the two articles of impeachment against Mayorkas before the House floor as early as Tuesday evening. These articles were initially filed by the House Homeland Security Committee.

Their passage is far from certain, however, as the GOP holds only a narrow majority in the chamber. While Majority Leader Steve Scalise has returned to the chamber after being away from Washington for cancer care, even one other missing or weather-delayed lawmaker could prevent Republicans from impeaching Mayorkas for a second time.

The chamber's Democratic members staunchly oppose the impeachment effort.

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

Republicans are seeking to impeach Mayorkas over failing to secure the U.S.-Mexico border and for repeatedly telling Congress that the Biden administration maintained operational control despite historic levels of migrant encounters and crossings.

The specific article charges Mayorkas with having "refused to comply with Federal immigration laws" and the other of having violated "public trust."

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

Last week, three Republicans opposed the impeachment vote in the final tally. Democrats remained united, and the vote failed 216-214.

One Democrat, Rep. Al Green of Texas, who had been hospitalized for emergency abdominal surgery, made a surprise arrival and wheeled into the chamber in scrubs and socks to vote against it.

Johnson could push the vote later into the week, should he wish to wait for the outcome of Tuesday's special election in New York to replace ousted Rep. George Santos from New York’s 3rd Congressional District — which could send another Republican to Washington.

GOP LAWMAKER ON KEY IMMIGRATION SUBCOMMITTEE SLAMS MAYORKAS IMPEACHMENT

Mazi Pilip, an Ethiopian-Israeli immigrant and a former Israel Defense Forces soldier, is seeking to keep the seat red as she fends off a challenge from her Democratic opponent, former Rep. Tom Suozzi, who served in Congress from 2017 to 2023.

The effort comes as border security remains one of the most important issues for voters around the country.

Republicans, including presidential front-runner former President Trump, have made the issue a focus of their re-election campaigns in November, when the GOP is looking to keep its majority in the House of Representatives, as well as win back the White House and the U.S. Senate.

Trump has vowed to launch "the largest domestic deportation operation in American history" on day one if he retakes the White House.

"We have no choice," Trump said at a rally in South Carolina.

The Associated Press contributed to this report.

GOP senator fumes over Biden admin providing veteran medical resources to illegal immigrants

President Biden is facing increased scrutiny over his administration providing health care administrative services to illegal migrants amid a worsening border crisis, potentially exacerbating long wait times for American veterans utilizing Department of Veterans' Affairs (VA) facilities.

In an interview with Fox News Digital, Sen. Tommy Tuberville, R-Ala., touted his recently introduced No VA Resources for Illegal Aliens Act, which he introduced alongside Rep. Mike Bost, R-Ill., that would ban such action, one of the many problems he says are facing the country as a result of the border "disaster" taking place under Biden's watch.

"[Biden's] decided, OK, we've got to feed all these 10 million people we've let come across the border, we've got to house them, and we've got to give them health care," Tuberville said. "They've opened up care from the doctors in these [VA] community care systems. The lines now in the VA's are getting longer. Our funds that are supposed to go to the veterans are going to these illegal immigrants that are coming across."

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Tuberville lamented that the VA was already not able to provide care for all 19 million veterans living across the country and that the community systems he mentioned had helped reduce wait times until the border crisis began to get worse.

The arrangement between the VA's Financial Service Center (VA-FSC) and Immigration and Customs Enforcement (ICE) to process claims for migrant medical care is a longstanding one that actually predates the Biden administration and was outlined in a 2020 memo during former President Trump's administration.

When an illegal migrant under ICE detention requires health care, they are typically treated onsite by medical professionals. However, if specialist or emergency care is required, they may be taken to an independent private provider.

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In such cases, ICE contracts with the VA’s Financial Service Center (VA-FSC) to process reimbursements to those providers. According to a report from July, ICE has hundreds of letters of understanding in which ICE’s Health Service Corps (IHSC) will reimburse providers at Medicare rates. That uses the VA-FSC’s Healthcare Claims Processing System, which a portal that allows providers to submit and view claims and access other resources.

The VA told Fox News Digital in December that it has had an interagency agreement with the IHSC since 2002 to provide processing, but it also noted that the department neither provides health care nor pays for it. Under the agreement with IHSC, ICE pays fees for the claims processing services rendered and covers disbursements made to pay for claims.

However, the crisis at the border, with record numbers of migrants crossing into the U.S. and needing medical care, has likely worsened what one former veterans' affairs adviser told Fox News Digital in December was a "history of a backlog of medical claims which has resulted in veterans getting bills they shouldn't be getting, and … having dissatisfied community care providers who are not getting paid in a timely manner."

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Tuberville expressed hope that the bill could get some bipartisan support, considering the election year and that a number of Democrats up for reelection are running close races.

"I think we've got a great opportunity to get this, maybe not to a vote, but at least where we discuss it on the floor, where the American people start to understand it," he said. "An election year is a great year to try to get some kind of bipartisan help on any type of bill, especially when it comes to the veterans. That means so much to us here in our country."

Tuberville went on to blast the Biden administration's selling of border wall materials purchased under the previous administration rather than using them as a barrier to deter border crossings, and he blasted Homeland Security Secretary Alejandro Mayorkas, who narrowly survived an impeachment vote last week, as a "globalist" who has no interest in walls or borders.

"If we don't get a guy like President Trump in office, heaven help us. I don't know what we're going to do," he added.

Fox News Digital has reached out to the White House for comment.

Fox News' Adam Shaw and Jamie Joseph contributed to this report.