Rancher sounds alarm on ‘route’ for terror as Mayorkas denies responsibility for mass border crossings

A fifth-generation Arizona rancher accused lawmakers of refusing to secure the border for political purposes as the ongoing migrant crisis worsens, potentially giving terrorists the opportunity to sneak into the U.S. through his land. 

"It's people talking about the issues, arguing about the issues. Border security has always been a political football," Jim Chilton, owner of the Chilton Ranch, told Fox News. "That's the nature of our system." 

WATCH MORE FOX NEWS DIGITAL ORIGINALS HERE 

A long-awaited bipartisan border security deal aimed at gaining control of an overwhelmed asylum system at the southern border collapsed just days after it was revealed with all but four Republicans voting against the legislation advancing in the Senate. From the outset, GOP leaders in both chambers criticized the bill, with House Speaker Mike Johnson repeatedly calling it "dead on arrival." Democrats accused conservatives of killing it for political purposes.

"Secure the international boundary and develop a program to bring people into this country legally," Chilton told Fox News as a plea to Congress. "We're a nation of the rule of law. We need to stop people just having the idea that they can walk into the United States." 

HOUSE MEMBER SAYS ‘EULOGY HAS ALREADY BEEN READ’ ON BORDER BILL AS BIDEN BLAMES TRUMP FOR STALEMATE

The bill would have given President Biden and the Department of Homeland Security authority to close the border if migrant encounters reached a certain threshold and allocated $20 billion for immigration enforcement. It also included $650 million for border wall construction and reinforcement.

But Republican critics, including House GOP leaders, said the legislation wasn't aggressive enough to curb illegal immigration with migrant crossings skyrocketing under the Biden administration. In December, migrant encounters reached an all-time high of 302,000, according to Customs and Border Protection data. 

And while lawmakers fumble solutions, the southern border crisis worsens, Chilton said. 

‘HE’S DELUSIONAL': BIDEN'S BORDER COMMENTS SPARK STIFF REBUKE ON CAPITOL HILL FROM SOME LAWMAKERS

"The problem in our area in the last three years has intensified immensely," Chilton told Fox News. He said hidden cameras on his property have caught thousands of people illegally entering the country.

Some dress in all camouflage, Chilton said, and others use "carpet shoes" — footwear with carpet attached to the soles to hide footprints.

"They're entering our country unseen, and they could be terrorists," he said. 

Officials encountered 169 people on the FBI terror watchlist illegally crossing the southern border in fiscal 2023, according to CBP data. That's more than the previous year's record-setting 98 encounters, as well as the last six years combined. 

"I'm really concerned," Chilton said. "If our adversaries around the world want to bring terrorists into our country, this is a route."

ARIZONA BORDER COUNTY OFFICIAL'S BLUNT MESSAGE TO CONGRESS TO REJECT IMMIGRATION BILL: ‘SHUT DOWN THE BORDER’

Homeland Security Secretary Alejandro Mayorkas denied blame for mass crossings at the southern border, he said Sunday on NBC's "Meet The Press." Mayorkas, who's expected to soon face a second impeachment attempt for failing to curb the migrant crisis, instead blamed Republicans for sinking the bipartisan bill and said Congress should be held accountable for America's broken immigration system.

The failed border security deal also included a $95 billion foreign aid supplemental package. A standalone bill, which would include $60 billion for Ukraine, $14 billion for Israel and $8 billion for Taiwan, passed a 67-27 test vote Sunday.

But Chilton told Fox News keeping Americans safe should be lawmakers' top priority. 

"It would be outrageous not to secure our border first," Chilton said. "Take care of America first. Seal the border."

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

‘Frustrated’ Republicans leave Capitol Hill after back-to-back defeats on Mayorkas impeachment, Israel aid

House Republican leaders failed to pass two of their major policy bills Tuesday night, a blowup so massive it left GOP lawmakers irritated upon leaving Washington for a long weekend Wednesday morning.

"Some people are frustrated. Very few people are surprised," Rep. Jack Bergman, R-Mich., said.

The House GOP conference, dealing with highly divided factions and a razor-thin majority, is again at odds after narrowly failing to impeach Homeland Security Secretary Alejandro Mayorkas. It was followed by the defeat of a standalone Israel aid bill that Speaker Mike Johnson, R-La., had announced over the weekend.

"An unmitigated disaster" was how Rep. Thomas Massie, R-Ky., described the situation to Fox News Digital. "I don't think either of those votes moved our party or our country forward."

JOHNSON CAUGHT BETWEEN WARRING HOUSE GOP FACTIONS: ‘DRIFTING TOWARD MOB RULE'

He argued that ousted former Speaker Kevin McCarthy, R-Calif., would not have brought the bills to the floor if he was uncertain of their passage.

"I don't think we would have had that vote on Israel. I mean, what did it accomplish? And then I think it was embarrassing to lose the vote on Mayorkas. And I think [under McCarthy] we would have either had the votes for it or we wouldn't have voted on it," Massie said.

Some have blamed Johnson for bringing the bills to the floor, while others attacked the three House Republicans who voted against impeaching Mayorkas.

SPEAKER JOHNSON ENDORSES BIPARTISAN TAX BILL AS 'CONSERVATIVE,' 'PRO-GROWTH' REFORM

"Are we in the majority? I'm not sure. Because it doesn't seem like it. We're not acting like it," Rep. Troy Nehls, R-Texas, told Fox News Digital. "You’ve gotta know how to count votes, I guess. But, hey, listen, I know that [Johnson] wanted the job. He can have the job."

Republicans were poised to impeach Mayorkas Tuesday night until Rep. Al Green, D-Texas, who was recovering from surgery, made a surprise appearance still wearing hospital clothing to tie the vote. It seemed to catch GOP leaders and even some Democrats by surprise.

Meanwhile, Rep. Andy Biggs, R-Ariz., one of the eight Republicans who voted to oust McCarthy, warned Johnson he was following a similar path as the ex-leader by putting an Israel aid bill up for a vote without offsetting its cost with spending cuts elsewhere.

The House previously passed a $14 billion Israel aid bill that would’ve been offset by cuts to IRS spending, but the measure was never taken up by the Senate.

"The best thing I thought the speaker did was the Israel funding with a pay-for, because that had a chance to break what I call a suboptimal path that we've been locked into for decades here," Biggs said. "I thought, what a shame it is that you had this big victory, you know, which actually made you different than McCarthy, and then you reverted back to this last night."

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

Rep. Nancy Mace, R-S.C., who also voted to oust McCarthy, said her frustration was with the Republicans who were not on board with impeachment.

"This is a defining moment for our nation, and we have the policies to fix this dire situation, and you’re going against those policies? I don't know how you go home with that," Mace said. "I made the right vote. … I'm voting the will of the people. The people who voted against that, Democrats and Republicans alike, they have to take that home."

Freshman Rep. Mike Collins, R-Ga., fumed over the Mayorkas impeachment’s failure.

"We should’ve taken that sorry rascal out," he said. 

But Collins said he did not see a difference between House Republicans’ status under McCarthy versus Johnson.

"It's basically the same. And, to Johnson's credit, man, you know, he was voted in, and he was already behind the eight ball," Collins said. "So, he's gonna have to take a few shots to get back into position."

Fox News Digital has reached out to Johnson's office for comment.

From the border to impeachment to the courts, gridlock reigns in Washington

The government of the most powerful country on earth is no longer functioning.

Every attempt to do just about anything goes down in flames.

This happens periodically in a capital built on a divided government established by the founders. But when you meld that with the hyper-partisan atmosphere that is now embedded in our culture – set against a momentous presidential election – things seem more dysfunctional than ever.

BIDEN KNEW THE BORDER BILL WAS ON LIFE SUPPORT AND WANTED TO BLAME TRUMP: HOWARD KURTZ

Neither side trusts the other. The paramount concern is the blame game, making sure the opposition party takes a hit when things fall apart.

At the same time, two major lawsuits, including one being heard by the Supreme Court today, will shape the 2024 election in ways we’ve never had to contemplate before.

The Trump team will try to convince the high court that Maine and Colorado acted illegally when they kicked the former president off the ballot. The appellate court ruling, which must be appealed to SCOTUS by Monday, says Donald Trump can’t be shielded from prosecution by unlimited immunity, especially after leaving office.

Who would ever have imagined that such battles would be fought for the first time in American history? Then again, we’ve never had an ex-president accused of criminal wrongdoing in four separate indictments–with the added twist that analysts agree the charges have boosted Trump’s campaign among the majority of Republicans who view him as being unfairly persecuted.

The long-running battle over the southern border is equally divisive. Now there’s no question that this is a major liability for President Biden, who has failed for more than three years to prevent record-setting waves of illegal migrants from flooding into the country. 

Why he hasn’t done more, on a problem that even big-city Democratic mayors say is damaging, is hard to fathom. It is, after all, the signature issue that helped Trump get elected in 2016.

WHAT BULLY PULPIT? WHY BIDEN STAYS OFF TELEVISION DURING BIG BREAKING NEWS

So both parties, at least in the Senate, made an all-out attempt to hammer out a resolution.

After four long months, they finally settled on compromise language involving asylum, parole and other thorny issues. Biden made more concessions than most thought he would–including the power to shut down the border if illegal crossings exceeded 5,000 a day (which still seems way high). The Border Patrol union backed the measure, as did the Wall Street Journal editorial page.

And more than just immigration was at stake. Foreign policy had to be baked into the cake. The president saw the measure as a tradeoff, with border security greasing the skids for long-stalled military aid to Israel and Ukraine.

But Trump, the unquestioned leader of the party, said the bill would be a death knell for Republicans and urged them to oppose it, to hold off until he took office. Trump invited them to "blame me." Biden said his likely opponent wanted the campaign issue more than a solution.

Once the bill’s text was released, Republicans started abandoning it in droves. There was little question that Trump was the motivating force. He is the party’s undisputed leader and on the verge of the nomination.

JEFFERIES DEFEND SURPRISE APPEARANCE BY TEXAS DEMOCRAT IN FAILED MAYORKAS IMPEACHMENT VOTE

When Mitch McConnell, who strongly supports U.S. assistance to Ukraine, conceded the bill couldn’t pass, it was over. Ted Cruz called for McConnell to be ousted as minority leader.

Speaker Mike Johnson, just a few months into the job, does not want aid to Ukraine, but brought to the floor a stand-alone measure to provide billions to Israel. That failed by a sizable margin. Now there’s chatter that Johnson could suffer the same fate as Kevin McCarthy.

What’s more, Johnson revived an effort to impeach Homeland Security chief Alejandro Mayorkas – the first such attempt to oust a Cabinet officer in 150 years. The media and those on the Hill thought it would be a slam dunk.

But the maneuver failed by two votes, with three dissenting Republicans saying it wasn’t fair to impeach Mayorkas for carrying out Biden’s policies. So even that exercise in scapegoating was botched. Not that he would have been convicted by the Democratic-controlled Senate.

There’s a long way to go between now and November, both in Congress and the courts. But right now Washington is in a state of paralysis.

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

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

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

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

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

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

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

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

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

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

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

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

The Associated Press contributed to this report. 

Jefferies defend surprise appearance by Texas Democrat in failed Mayorkas impeachment vote

House Minority Leader Hakeem Jefferies, D-New York, defended the surprise appearance of fellow Democrat Rep. Al Green of Texas during Tuesday's vote that ultimately tanked a Republican effort to impeach Homeland Security Secretary Alejandro Mayorkas.

"It’s not our responsibility to let House Republicans know which members will or will not be present on the House floor on any other day or in connection with any given vote," Jeffries told reporters Wednesday in the Capitol, The Hill reported. 

Green, who was receiving health care at a hospital, appeared in the House chamber in a wheelchair wearing hospital garb to cast his ballot. The move surprised Republicans, who had little wiggle room after three of their own voted no. 

GOP SENATORS RALLY AGAINST BIPARTISAN BORDER DEAL, CITING BIDEN’S POWER TO SUSPEND ‘EMERGENCY’ BILL

Fox News Digital has reached out to Green's office. 

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

They were Reps. Tom McClintock, R-Calif.; Ken Buck, R-Colo.; and Mike Gallagher, R-Wis. The lawmakers said while they disapproved of the job Mayorkas is doing at the southern border, the threshold for impeachment had not been met, and warned it could be used against future Republican administrations.

SEN. TIM SCOTT A ‘HADES NO’ ON SENATE BORDER, IMMIGRATION DEAL

"We can basically … look at this as a game, unfortunately, and their strategy. And they hid one of their members, waiting to the last minute, watching to see our votes, trying to throw us off on the numbers that we had versus the numbers they had," Rep. Marjorie Taylor Greene, R- Georgia, said. "That was a strategy at play tonight."

Jefferies said Green wasn't coerced by his Democratic colleagues to participate in Tuesday's vote. 

"He has told his story directly and he made it clear to me that it was important for him to be present to cast a vote against this sham impeachment led by Marjorie Taylor Greene, targeting a hard-working public servant like Secretary Mayorkas," Jeffries said.

While speaking to reporters, House Speaker Mike Johnson, R-Louisiana, said the vote was changed when "people who show up when they’re not expected to be in the building."

Mitch McConnell scoffs at GOP critics after his border deal collapses: ‘They had their shot’

Senate Minority Leader Mitch McConnell brushed off backlash from his GOP critics after support for his bipartisan border deal collapsed on Wednesday.

Sen. Ted Cruz, R-Texas, called for McConnell to resign this week and argued that the border deal was far too weak to be acceptable. McConnell said his detractors are ignoring the reality of politics and compromise.

"I’ve had a small group of persistent critics the whole time I’ve been in this job. They had their shot," McConnell told Politico on Wednesday, referring to an attempt to replace him as leader in 2022.

"The reason we’ve been talking about the border is because they wanted to, the persistent critics," he continued. "You can’t pass a bill without dealing with a Democratic president and a Democratic Senate."

GOP SENATORS RALLY AGAINST BIPARTISAN BORDER DEAL, CITING BIDEN’S POWER TO SUSPEND ‘EMERGENCY’ BILL

When asked on Tuesday specifically about Cruz's call for him to resign, McConnell responded with his typical deadpan humor.

"I think we can all agree that Senator Cruz is not a fan," he told reporters.

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

Cruz is not the only Republican senator speaking out, however. Sen. Mike Lee, R-Utah, campaigned against the border bill and has called for "new leadership" in the party. Sen. Ron Johnson, R-Wis., was similarly frustrated.

"I’ve been super unhappy since this started," Johnson told Politico. "Leader McConnell completely blew this."

Cruz said the bill, crafted by Sen. James Lankford, R-Okla., Sen. Chris Murphy, D-Conn., and Sen. Kyrsten Sinema, I-Ariz., "codifies" Biden's penchant to allow a porous border and "normalizes" 5,000 illegal migrants per day.

EX-ICE CHIEF SCOFFS AT KATHY HOCHUL'S SUDDEN MIGRANT OUTRAGE

"That works out to 1.8 million a year. That works out to about 6 million illegal immigrants over the three years of Biden.… So the idiotic Republican proposal was let's be for two thirds of the border invasion that Biden has allowed," he told Fox News on Wednesday morning.

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The GOP infighting comes as the U.S. Customs and Border Protection announced 1 million border encounters since Oct. 1, the beginning of fiscal year 2024. The CBP reached the 1 million mark faster than any other year.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

GOP LAWMAKER ON KEY IMMIGRATION SUBCOMMITTEE SLAMS MAYORKAS IMPEACHMENT

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

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

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

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

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

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

CBP migrant encounters already exceed 1 million since October

U.S. Customs and Border Protection has tracked over 1 million migrant encounters since Oct. 1st, when fiscal year 2024 began, a CBP source told Fox News Digital on Wednesday, the earliest this mark has ever been reached.

The number is roughly 100,000 encounters higher than the same period last year, when the U.S. saw 908,000 encounters. This is the earliest the U.S. has ever reached the 1 million encounter mark, according to the CBP source.

The U.S. is also tracking a higher number of Chinese migrants crossing the border. Chinese illegal immigrants made up the fastest-growing group of border crossers last year, and fiscal year 2024 is on track to shatter that record.

The CBP encountered over 37,000 Chinese migrants last year, but they have already encountered nearly 20,000 since October. The CBP source says they have encountered roughly 150 Chinese migrants per day this fiscal year.

GOP SENATORS RALLY AGAINST BIPARTISAN BORDER DEAL, CITING BIDEN’S POWER TO SUSPEND ‘EMERGENCY’ BILL

The news comes just after a bipartisan immigration bill crashed and burned in Congress this week.

Sen. Ted Cruz, R-Texas, and other critics of the bill argued that it would "normalize" 5,000 border encounters each day.

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

"That works out to 1.8 million a year. That works out to about 6 million illegal immigrants over the three years of Biden…. So the idiotic Republican proposal was let's be for two thirds of the border invasion that Biden has allowed," Cruz told Fox News on Tuesday.

The House of Representatives also failed to impeach Homeland Security Secretary Alejandro Mayorkas in a vote on Tuesday.

The House voted mostly along party lines, but Republicans suffered a number of defections that torpedoed the 216-214 vote. Four Republicans ultimately voted no: Rep. Tom McClintock, R-Calif., Ken Buck, R-Colo., Mike Gallagher, R-Wis., and Blake Moore, R-Utah, who switched his vote at the last minute in a procedural move to be able to bring the resolution back to the floor.

GOP LAWMAKER ON KEY IMMIGRATION SUBCOMMITTEE SLAMS MAYORKAS IMPEACHMENT

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

Border crossings have set several records in recent months. December saw 302,000 migrant encounters alone, the highest total for a single month ever recorded. It was also the first time a monthly total had exceeded 300,000.

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

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

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

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

FOUR HOUSE REPUBLICANS VOTE AGAINST IMPEACHMENT OF ALEJANDRO MAYORKAS

To wit: 

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

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

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

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

At least on Tuesday night.

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

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

WHY DID THE HOUSE FAIL TO IMPEACH MAYORKAS?

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

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

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

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

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

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

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

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

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

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