The Hitchhiker’s Guide to the House trying to impeach Mayorkas next week

House Republicans are aiming to tee up debate and a floor vote next week to impeach Homeland Security Secretary Alejandro Mayorkas.

As of this Friday, the House Rules Committee has not officially put impeachment on its schedule for Monday. But Fox is told that that could happen over the weekend if Republicans are satisfied with the whip count on impeachment. At this stage, the Rules Committee is only slated to prep a health care bill for the floor at its meeting Monday. The two impeachment articles must go to the Rules Committee before heading to the floor.

If the Rules Committee prepares the articles of impeachment on Monday, the full House could debate and vote on impeaching Mayorkas as early as Tuesday. If the Rules Committee meeting slips to Tuesday, then floor action on Mayorkas will likely shift to Wednesday. 

And even if the Rules Committee convenes on Mayorkas, the House won’t necessarily need to bring those articles of impeachment to the floor right away if the GOP brass is concerned about the vote count. 

MAYORKAS IMPEACHMENT ARTICLES APPROVED BY COMMITTEE, SETTING UP FULL HOUSE VOTE

The decision to go to the floor is about the math. 

Rep. Brian Higgins, D-N.Y., resigns Friday to run an arts organization in western New York. When the House returns on Monday, it will have 431 members — 219 Republicans and 212 Democrats. That’s a seven seat majority. And the retirement of Higgins helps the GOP make the math work in their impeachment quest. With a delta of seven seats between the majority and minority, Republicans can now lose three votes on their side and pass something without assistance from Democrats. The margin was two votes prior to Higgins stepping down. 

But it’s more complicated than that. 

It is doubtful that House Majority Leader Steve Scalise, R-La., will be back next week after receiving cancer treatments. Rep. Hal Rogers, R-Ky., should return after being injured in a car accident. But there are always a handful of members out on any given day for health and other reasons. So if Republicans go to the floor to impeach Mayorkas, they need to make sure everyone who is a yea on impeachment is present. Rep. Ken Buck, R-Colo., is a no right now. Johnson told Fox Business Friday morning that he would work on Buck this weekend. 

So, if things go the way the GOP leadership wants, the House could vote on Tuesday or Wednesday to impeach Mayorkas. If the leadership doesn’t put impeachment on the floor, the math won’t work. 

Keep in mind that the Republican hand could either get better or worse if for some reason the House doesn’t vote next week on impeachment. 

There is a special election in New York on February 13 to replace former Rep. George Santos, R-N.Y., who was expelled. Former Rep. Tom Suozzi, R-N.Y., is running against GOP nominee Mazi Melesa Pilip. If Suozzi wins, the GOP majority shrinks again. But a Pilip victory serves as a Republican reinforcement. 

HESITANT REPUBLICANS COULD DERAIL MAYORKAS IMPEACHMENT EFFORT

If and when the House votes, it considers two articles of impeachment. One accuses Mayorkas of disregarding the law. The other charges Mayorkas of lying to Congress, saying the border was secure. 

The House will likely vote on each article separately. Mayorkas would be impeached if the House adopts either article. Moreover, the House does not always approve both articles of impeachment in such an inquest. In 1997, the House only adopted two of the four articles of impeachment leveled against former President Clinton. 

Think of impeachment as an indictment. It’s then up to the Senate to act as a "court" and judge whether the accused is guilty of the charges in a trial. 

The impeachment of cabinet officials is rare. The House has now impeached multiple Presidents and federal judges. But only one cabinet member, Secretary of War William Belknap in 1876. 

If the House approves impeachment articles, it must next take a separate vote to appoint "impeachment managers." It then dispatches the article or articles of impeachment to the Senate. 

"Impeachment managers" are House members who serve as prosecutors. They present the findings of the House before the Senate. Senators sit as jurors. 

Fox is told that the House wants to get the impeachment articles to the Senate quickly after the vote. The Senate is trying to consider a major border security bill next week. So there could be a bit of a parliamentary traffic jam as the Senate potentially grapples with both the border bill and maybe the start a Senate trial. But it’s also possible a trial could wait until the week of Feb. 11. 

T,his scenario produces a rather shocking split screen. The Senate is dealing with a border security bill as it entertains an impeachment trial against the Homeland Security Secretary. 

OHIO SENATE CANDIDATE SAYS GOP IMPEACHING ‘TRAITOR’ MAYORKAS A ‘NO BRAINER’: ‘GROTESQUELY UNQUALIFIED’

There is a bit of a ceremony to send the articles of impeachment to the Senate from the House and for the Senate to receive the articles. In this case, Acting Clerk of the House Kevin McCumber and House Sergeant at Arms William McFarland escort the articles of impeachment and House managers across the Capitol Dome to the Senate. The Senate gathers, usually with all senators sitting at their desks. Senate Sergeant at Arms Karen Gibson then receives the House entourage at the Senate door and reads the following proclamation to the Senate. 

"All persons are commanded to keep silence, on pain of imprisonment, while the House of Representatives is exhibiting to the Senate of the United States articles of impeachment against Alejandro Nicholas Mayorkas." 

The articles are then presented to the Senate and the managers are introduced. That is all which usually happens on the first day of a Senate trial – although Fox was told the Senate might try to squeeze everything 

Under Senate impeachment trial rule III, the body is supposed to wait until the next day to swear-in senators as jurors. But Fox is told that could happen on day one in this instance. 

According to Senate rules, the "trial" must begin the day after the Senate receives the articles at 1 p.m. Trials are supposed to run Monday through Saturday. There were Saturday sessions in both impeachment trials of former President Trump in 2020 and 2021. 

It is unlikely that U.S. Chief Justice John Roberts will preside over a possible Mayorkas trial. Senate impeachment rule IV requires the Chief Justice to preside over cases involving the President or Vice President. In this case, it’s likely that Senate President Pro Tempore Patty Murray, D-Wash., will preside over a Mayorkas tribunal.

Now we get to perhaps the most interesting question of all: How much of a trial is there? 

Senate Majority Leader Chuck Schumer, D-N.Y., ducked questions from yours truly last fall about what a potential impeachment trial for President Biden or Mayorkas would look like. 

Schumer again sidestepped a question this week when asked if he would "hold" a trial. "Let’s wait and see what the House does," replied Schumer. 

But regardless, the Senate cannot immediately bypass a trial. If the House impeaches, the Senate is compelled to at least receive the impeachment articles, the House managers and swear-in the senators. 

At that point, the Senate can decide to hold a full trial, or potentially, move to dismiss or actually have straight, up or down votes on convicting or exonerating Mayorkas. 

In the 1998 impeachment trial of former President Clinton, late Sen. Robert Byrd, D-W.Va., made a motion to dismiss the charges. 

In 2010, the Senate was on the verge of launching an impeachment trial of former federal judge Samuel Kent, but he resigned after the House impeached him and before the Senate began the trial. The House notified the Senate it did not want to continue with the trial. So the Senate eventually conducted a vote to discharge itself of responsibilities regarding Kent. 

The Senate could so something similar this time. 

But here’s the rub: There will eventually be either a vote to convict or exonerate Mayorkas or dismiss the charges. Senate Republicans will watch very closely if Senate Democrats engineer any vote to short-circuit the trial. The GOP will take note of how multiple vulnerable Democrats facing competitive re-election bids in battleground districts vote.

If they vote to end the trial or clear Mayorkas, Republicans will likely enroll that into their campaigns against those Democratic senators. Keep in mind that Fox polling data revealed that border security was the number-one issue facing voters in Iowa and New Hampshire. Republicans will examine the trial-related votes of Sens. Sherrod Brown, D-Ohio, Jon Tester, D-Mont., Bob Casey, D-Pa., Tammy Baldwin, D-Wisc., Jacky Rosen, D-Nev., and Kyrsten Sinema, I-Ariz. – if she runs.

But first, we have to see if the House has the votes to impeach. Everything hinges on that.

Graham grills DOJ, DHS over illegal migrants’ ‘brazen’ NYC police attack: ‘will they be deported?’

FIRST ON FOX: Senate Judiciary ranking member Lindsey Graham, R-S.C., is demanding answers from the Department of Justice and Department of Homeland Security on the agencies’ actions on the illegal migrants, who attacked New York City police officers, freed without bail. 

"I was saddened but not surprised to hear about the latest consequences of President Biden's illegal immigration crisis - a violent beat-down near Times Square in New York of several NYPD officers by a dozen migrants," Graham wrote in a letter to Attorney General Merrick Garland and Homeland Security Secretary Alejandro Mayorkas, asking what their respective agencies will do in response to the "brazen attack." 

"Will the aliens who perpetrated this attack be deported?" Graham asked. "If so, when? If not, why not?"

ILLEGAL MIGRANT FLIPS MIDDLE FINGERS AFTER BEING CHARGED WITH ATTACKING NYPD IN TIMES SQUARE

The Justice Department and DHS did not immediately respond to Fox News Digital's requests for comment on the letter. Makorkas faces a possible impeachment vote in the House after the House Homeland Security Committee cleared a resolution for his impeachment this week. 

Over the weekend, a pair of New York City police officers were attacked by at least seven illegal migrants near Times Square. The suspects were later released without bail following their arrest. 

Surveillance footage released by the New York Police Department shows an NYPD officer and lieutenant telling the group to move along about 8:30 p.m. Saturday on West 42nd Street in Manhattan, the New York Post reported. A scuffle ensues as the officers are seen apparently trying to subdue someone on the ground. 

NYC MIGRANTS ARRESTED FOR ASSAULTING POLICE FLEE TO CALIFORNIA UPON RELEASE: REPORT

The suspects are then seen kicking the officers before running off before being arrested a short time later. The NYPD identified the suspects to Fox News Digital as Darwin Andres Gomez Izquiel, 19, Kelvin Servat Arocha, 19, Wilson Juarez, 21, Jhoan Boada, 22, and Yorman Reveron, 24.

They were all charged with assault and released without bail, sources said. The Manhattan District Attorney's Office told Fox News Digital that an investigation into the incident is ongoing. 

SUSPECTED ILLEGAL MIGRANTS LAND BOAT ON SAN DIEGO BEACH AND FLEE INTO WEALTHY VILLAGE

Leaving police custody on Thursday, Boada gave the news cameras a double-handed middle finger as he walked past and smirked at reporters and photographers outside the Midtown South Precinct in Manhattan. He was wearing a black Los Angeles Lakers shirt and khakis leaving the precinct station. He has a tattoo on his left forearm.

Fox News Digital’s Louis Casiano contributed to this report.  

Hesitant Republicans could derail Mayorkas impeachment effort

House GOP leaders are closely watching a few Republican lawmakers ahead of their expected vote on whether to impeach Homeland Security Secretary Alejandro Mayorkas next week.

With just a razor-thin majority and all Democrats likely to oppose the measure, Republicans will have to be in near lock-step to pass what would be a historic vote. A Cabinet official has not been impeached since 1876.

Rep. Ken Buck, R-Colo., told reporters on Thursday morning that he is a "solid" no on impeaching Mayorkas

He criticized the Biden official for his handling of the southern border crisis, but said, "The people that I’m talking to on the outside, the constitutional experts, former members agree that this just isn’t an impeachable offense." 

MAYORKAS SLAMS ‘BASELESS’ GOP ALLEGATIONS AHEAD OF KEY IMPEACHMENT VOTE 

At least four other Republicans are still undecided, at least publicly. 

The office of Rep. David Joyce, R-Ohio, leader of the moderate Republican Governance Group, told Fox News Digital on Friday that he "has met with Chairman Green and is reviewing the material that they have provided."

House Financial Services Chair Patrick McHenry, R-N.C., has not told reporters how he would vote. Reps. Dan Newhouse, R-Wash., and Tom McClintock, R-Calif., also declined to say which way they were leaning earlier this week.

Fox News Digital reached out to McHenry, Newhouse and McClintock's offices for an update but did not immediately hear back.

MARJORIE TAYLOR GREENE PREDICTS MAYORKAS IMPEACHMENT ARTICLES WILL PASS HOUSE WITHOUT ANY DEM SUPPORT

House Speaker Mike Johnson, R-La., has been dealing with one of the thinnest House majorities in history over the last several weeks. With absences on the GOP side and the departures of three former lawmakers, Johnson has been walking a tightrope of just a two-seat majority.

However, he got some breathing room recently with longtime Democratic Rep. Brian Higgins, D-N.Y., resigning, effective Friday. 

Majority Leader Steve Scalise, R-La., who was receiving treatment linked to his cancer diagnosis, and Rep. Hal Rogers, R-Ky., who has been recovering from a car accident, are expected back in the House soon as well.

It would be a massive blow to the House GOP's emphasis on the border crisis if the Mayorkas impeachment were to fail in the House.

KEY REPUBLICAN COMES OUT IN FAVOR OF IMPEACHING MAYORKAS, SAYS HE SHOULD BE 'TRIED FOR TREASON'

House Republicans are pushing to impeach Mayorkas over accusations of willfully disregarding the law to allow the migrant crisis to foment.

The effort has received support from the vast majority of House Republicans. Rep. Don Bacon, R-Neb., a key moderate who was also on the fence about impeaching the Cabinet secretary, told reporters earlier this week that he'd back it as well.

"I intend to," Bacon said when asked about it on Tuesday. "Because we have a disaster at the border. And I would say there's so many laws on the books that he could enact or enforce, and he does not."

Trump swipes at Biden’s demand for legislation to secure the border: ‘I didn’t have a bill’

Former President Trump took an apparent swipe at President Biden amid White House calls for a border security deal that he "didn’t have a bill" when his administration had "the most secure border in history."

Trump’s comments Wednesday came after Biden earlier this week claimed he had done everything he could do to secure the U.S. border.

BIDEN CLAIMS 'I'VE DONE ALL I CAN DO' TO SECURE THE BORDER

Biden told reporters as he was departing the White House Tuesday that "I've done all I can do. Just give me the power." 

"I asked them the very day I got into office," Biden said. "Give me the Border Patrol. Give me the judges. Give me the people who can stop this." 

Trump, the 2024 GOP frontrunner, appeared to contradict Biden’s claim and urged Republicans to avoid entering the border deal, which is still being negotiated in the Senate.

"There’s never been a border like this ever in the world," Trump said, adding that a "bad border deal would be worse than no deal at all."

"You don’t need a deal to tighten up the border to make it secure," he continued. "I had the most secure border in history. I didn’t have a deal. I didn't have a bill.

"I said no people are coming in, no drugs are coming, and we don’t want to have human trafficking, which nobody even talks about. That is the No. 1."

Trump added: "You have the right to close up your border… You don’t need bills."

Trump went on to say the individuals illegally crossing are individuals U.S. officials know nothing about.

"Right now, we have no idea who these people are that are pouring into our countries," Trump said. "Last night I watched where they're beating a police in New York City, a gang of people that just came in that didn't speak English. Nobody knows who they are, where they come from. And very importantly, they come from, I can tell you they come from jails and prisons. They come from mental institutions and insane asylums."

He added: "And they're terrorists. They have a lot of terrorists coming too, and we don't want them. I'm sorry, you know, we had a very strong border."

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

President Biden has requested $14 billion in funding for the border as part of its supplemental funding request to Congress, which also includes aid to Ukraine and Israel. The request is being negotiated in Congress after Republicans demanded more limits on asylum and migrant releases into the interior.

Biden has urged Congress to pass the deal, but House Republicans and some conservatives in the Senate have said the reported proposals do not go far enough.

The Biden administration has said it has been expanding "lawful pathways" for migrants while increasing consequences for illegal entry into the U.S. since the ending of Title 42 expulsions in May last year. It has pointed to more than 500,000 removals since May, as well as increased cooperation with Mexico to crack down on human smugglers and fentanyl trafficking. 

The administration also says it has been increasing removal flights — including directly to Venezuela. However, it has stressed that it needs more funding and comprehensive immigration reform to fix what it says is a "broken" system. 

Migrant numbers officially hit 302,000 in December, a new record, after 2.4 million encounters in FY23. Republicans have said that large releases into the interior and a rolling back of Trump-era policies have fueled the crisis and have accused Homeland Security Secretary Alejandro Mayorkas of a "dereliction of duty" in his handling of it.  

The House Homeland Security Committee on Tuesday approved, along party lines, two articles of impeachment against Mayorkas — teeing up a floor vote as early as next week to impeach the embattled Biden official.

Top Republican warns House GOP on border talks: ‘Wishful’ to ‘get everything you want’

The No. 3 House Republican is calling on GOP colleagues to be realistic about their expectations for border negotiations between the Senate and White House. 

"I think they should be bringing H.R. 2 back. That would seal the southern border, and that should be a Republican-Democrat priority. But if they don't bring it back in full, we just have to see what it is that they are bringing," House Majority Whip Tom Emmer, R-Minn., told Fox News Digital Tuesday.

It’s still unclear whether the bipartisan Senate group working on the border security deal with the White House will produce any results. 

Speaker Mike Johnson, R-La., has made clear House Republicans back H.R.2, the border bill they passed last summer. Democrats panned it as a "non-starter."

BORDER DEAL PRICE TAG LIKELY TO COST MORE THAN $14 BILLION, BUT GOP LAWMAKERS GROW RESTLESS TO SEE BILL TEXT

Some GOP hardliners in the House and Senate have signaled they will oppose anything less than H.R. 2, which includes provisions like Remain In Mexico and new border wall construction.

But Emmer warned his colleagues to view H.R. 2 as a starting point in the negotiations rather than the only option.

SEN. MARSHALL URGES GOP TO SAY 'HELL NO' TO SUPPLEMENTAL FUNDING REQUEST WITHOUT TIGHTER BORDER SECURITY

"Our members get that we control one-half of one-third of the government. We don't have everything, so, you know, to get everything you want may be a little bit wishful," Emmer said. "But that's where we start. We start with H.R. 2, and then show us what you got, and we'll figure it out from there."

Asked if he was optimistic that a border security compromise could pass both the GOP-controlled House and Democrat-controlled Senate and then be signed by the White House, Emmer said he was "always hopeful."

But he warned that certain details that have purportedly been leaked would face opposition. For instance, a reported proposal that would give border agents the authority to expel migrants on sight after 5,000 daily encounters has faced heat from Republicans.

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

"If this administration and the Senate think that even one illegal coming across the southern border makes sense, you're not going to get agreement from our guys," Emmer said. "If those rumors are accurate, well, it's going to be really hard for them to pass the House."

And while he was pleased the Biden administration was even discussing the border crisis, Emmer accused President Biden of only paying attention to it as an election-year issue.

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"The only reason they're talking about it now is because it has risen to the point that it is a political liability for their re-election," Emmer said. "This is no longer Republicans or Democrats. This is Republicans and Democrats and others. More than 60% of the citizens in this country, by some polling, believe the border is a problem, and it needs to be solved. That's the only reason they're talking about it."

Mayorkas impeachment articles approved by committee, setting up full House vote

The House Homeland Security Committee on Tuesday approved, down party lines, two articles of impeachment against Homeland Security Secretary Alejandro Mayorkas -- teeing up a floor vote as early as next week to impeach the embattled Biden official.

The committee voted down party lines to approve the two impeachment articles, which accuse Mayorkas of having "repeatedly violated laws enacted by Congress regarding immigration and border security" and of having "made false statements to Congress" that the border is secure and closed and that DHS is in operational control of the border. The articles will now go to the House where they will be voted on on the House floor.

The vote came after a lengthy, and at times, fiery hearing in which Republicans outlined their case for why Mayorkas should be removed from office for allegedly mishandling the crisis at the southern border and Democrats accused Republicans of debasing the impeachment process for political purposes.

MAYORKAS SLAMS ‘BASELESS’ GOP ALLEGATIONS AHEAD OF KEY IMPEACHMENT VOTE 

"Today is a grave day," Chairman Mark Green said.  "We have not approached this day or this process lightly. Secretary Mayorkas’s actions have forced our hand. We cannot allow this border crisis to continue."

Republicans spent the hearing emphasizing their case against Mayorkas, pointing to record high border crossings, with the record for monthly crossings having been broken in December, and mass releases of migrants into the interior along with narrowed interior enforcement. They accuse Mayorkas of not following immigration law, which they say demands the detention of illegal immigrants, and of failing to secure the border.

"My colleagues across the aisle, seem to say that it's acceptable that we've had 10 million illegal crossings in three years and we've had pushing 300,000 Americans dead from opioid overdose. We're losing our country down there. And the man responsible for executing that policy is Alejandro Mayorkas," Rep. Clay Higgins, R-La., said.

Democrats pushed back, first attempting to adjourn the markup and then ripping into Republicans for the proceedings, accusing them of running a "sham" impeachment and of trying to impeach Mayorkas based purely on political motivations and policy disputes, and of interfering with Mayorkas’ efforts to solve the ongoing crisis.

"The extreme MAGA Republicans who are running the House of Representatives are deeply unserious people. They don't want progress. They don't want solutions," Ranking Member Bennie Thompson said. "They want a political issue. And most of all, they want to please their disgraced former president." 

MARJORIE TAYLOR GREENE PREDICTS MAYORKAS IMPEACHMENT ARTICLES WILL PASS HOUSE WITHOUT ANY DEM SUPPORT

"You do not have a right to demean this institution, to bastardize the impeachment clause of the Constitution, to belittle the standard of constitutional impeachment to such a degree that you can't even produce a legal memo in support of your articles of impeachment that do not exist in history and do not exist in the law," Rep. Dan Goldman, D-NY., said.

The hearing comes after a bitter months-long argument over the process. Green’s committee began investigating Mayorkas last year and House impeachment articles were referred to the committee in November. The committee held two impeachment hearings earlier this month. Mayorkas did not testify, despite expressing willingness to testify -- a subject of finger-pointing between the two sides over who was responsible. But on Tuesday he sent a lengthy letter slamming the proceedings and defending his record in office.

"I assure you that your false accusations do not rattle me and do not divert me from the law enforcement and broader public service mission to which I have devoted most of my career and to which I remain devoted," Mayorkas said.

The Biden administration has repeatedly said the crisis at the border has not been caused by policy, but is instead a Hemisphere-wide crisis combined with a "broken" immigration system that needs reform and comprehensive immigration reform. In his letter, Mayorkas declared that "problems with our broken and outdated immigration system are not new." 

MIGRANT CRISIS BROKE NEW RECORD IN DECEMBER WITH 302K ENCOUNTERS, OFFICIALS CONFIRM 

"Our immigration laws last received an overhaul in 1996. Our immigration laws were simply not built for 21st century migration patterns," Mayorkas said.

He pointed to stats including half a million removals since May, and daily removals nearly double what they were compared to from 2014-2019. He also says that the apprehension rate has been 78%, the same as the prior administration, and there has been a significant increase in removal flights within the Western Hemisphere.

He also points to increased Border Patrol hiring, an anti-smuggling campaign and an intensified anti-fentanyl effort that has seen more seizures of the deadly drug.

"Instead you claim that we have failed to enforce our immigration laws. That is false," he said.

He also pushed back on the criticism his department has faced over an alleged lack of responsiveness to oversight queries from Congress, claiming instead that he has been responsive to Congress with testimony, witnesses and documents.

"The allegations are baseless and inaccurate," he said.

If the House votes to impeach Mayorkas, then the case will go to the Senate for a trial.

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

Biden claims ‘I’ve done all I can do’ to secure the border

President Biden claimed Tuesday "I've done all I can do" to secure the U.S. border, as Homeland Security Secretary Alejandro Mayorkas is facing an impeachment push by House Republicans over his perceived failure to handle the immigration crisis. 

Biden made the comment while speaking to reporters as he was leaving the White House, saying "I've done all I can do, just give me the power." 

"I asked them the very day I got into office," Biden continued. "Give me the Border Patrol. Give me the judges. Give me the people who can stop this." 

The Biden administration has said it has been expanding "lawful pathways" for migrants while increasing consequences for illegal entry into the U.S. since the ending of Title 42 expulsions in May last year. It has pointed to more than 500,000 removals since May, as well as increased cooperation with Mexico to crack down on human smugglers and fentanyl trafficking. 

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

The administration also says it has been increasing removal flights -- including directly to Venezuela. However, it has stressed that it needs more funding and comprehensive immigration reform to fix what it says is a "broken" system. 

House Speaker Mike Johnson shared a video on X of Biden making the remark and said Biden’s comments were "simply untrue" and "He’s either lying or misinformed." 

"Here are just a few of the authorities at his disposal – if only he would use them: Presidential Authority to Restrict Entry 212(f), Expedited Removal 235(b)(1), Discretionary Detention Authority 236(a), Mandatory Detention 236(c). No more excuses," Johnson added. 

The White House requested $14 billion in funding for the border as part of its supplemental funding request to Congress, which also includes aid to Ukraine and Israel. The request is being negotiated in Congress after Republicans demanded more limits on asylum and migrant releases into the interior.

Biden has urged Congress to pass the deal, but House Republicans and some conservatives in the Senate have said the reported proposals do not go far enough.

TEXAS GOV. ABBOTT CLAIMS BIDEN IS IN VIOLATION OF FEDERAL LAW AS BORDER SURGE CONTINUES 

National Border Patrol Council President Brandon Judd, when asked on "The Faulkner Focus" Tuesday if Biden was doing everything he could, argued "absolutely not." 

"In fact, I’m very sick of hearing all of his rhetoric. He doesn’t give evidence," Judd said. "The evidence is incontrovertible [about] what is going on right now. Secretary Mayorkas is complicit in allowing these individuals to violate our laws. Congress would be derelict if they did not hold him accountable.  

"When you look at the total number of people that cross our borders illegally and have been released into the United States, the story that doesn’t get told enough is what happens to those people that get released into the United States," Judd added. "They are never leaving, ICE doesn’t go after them, ICE doesn’t deport them." 

Migrant numbers officially hit 302,000 in December, a new record, after 2.4 million encounters in FY23. Republicans have said that large releases into the interior and a rolling back of Trump-era policies have fueled the crisis and have accused Mayorkas of a "dereliction of duty" in his handling of it.  

Mayorkas lashes out at ‘baseless’ GOP allegations ahead of key impeachment vote

Homeland Security Secretary Alejandro Mayorkas on Tuesday took aim at what he called "baseless" and "false" allegations leveled against him by House Republicans ahead of a key vote on impeachment articles in the House Homeland Security Committee.

"I assure you that your false accusations do not rattle me and do not divert me from the law enforcement and broader public service mission to which I have devoted most of my career and to which I remain devoted," Mayorkas said in a lengthy letter to House Homeland Security Committee Chair Mark Green.

The committee is meeting to advance two articles of impeachment against Mayorkas, accusing him of refusing to follow immigration law and of breaching public trust. A vote is expected later in the day, likely along party lines, moving the articles to a House vote at a future date.

Mayorkas’ letter comes after Republicans have traded barbs with Democrats and the administration over the impeachment push against the Biden cabinet secretary, who Republicans have accused of a "dereliction of duty" in his handling of the ongoing and historic crisis at the southern border. Migrant numbers officially hit 302,000 in December, a new record, after 2.4 million encounters in FY23. Republicans have said that large releases into the interior and a rolling back of Trump-era policies have fueled the crisis.

MARJORIE TAYLOR GREENE PREDICTS MAYORKAS IMPEACHMENT ARTICLES WILL PASS HOUSE WITHOUT ANY DEM SUPPORT

Green’s majority began investigating Mayorkas’ handling of the border crisis last year and this month have held hearings on the impeachment articles that were sent by the House last year. Those articles accuse Mayorkas of having "repeatedly violated laws enacted by Congress regarding immigration and border security" and of having "made false statements to Congress" that the border is secure, and closed and that DHS is in operational control of the border.

"These articles lay out a clear, compelling, and irrefutable case for Secretary Alejandro Mayorkas’ impeachment," Green said this week. "He has willfully and systemically refused to comply with immigration laws enacted by Congress. He has breached the public trust by knowingly making false statements to Congress and the American people, and obstructing congressional oversight of his department. These facts are beyond dispute, and the results of his lawless behavior have been disastrous for our country."

Green accused Mayorkas of having  "completely disregarded the separation of powers, a bedrock of our constitutional republic."

"Congress has a duty to see that the executive branch implements and enforces the laws we have passed. Yet Secretary Mayorkas has repeatedly refused to do so. His lawless behavior was exactly what the Framers gave us the impeachment power to remedy. It is time we take this affront to a coequal branch of government, to the Constitution, and to the American people seriously," he said in a statement this week.

The administration and House Democrats have instead blamed the crisis on a "broken" system in need of reform and funding from Congress, which they accuse Republicans of having failed to provide, amid a Hemisphere-wide crisis.

In his letter, Mayorkas declared that "problems with our broken and outdated immigration system are not new" 

"Our immigration laws last received an overhaul in 1996. Our immigration laws were simply not built for 21st century migration patterns," Mayorkas said.

He pointed to stats including half a million removals since May, and daily removals nearly double what they were compared to from 2014-2019. He also says that the apprehension rate has been 78%, the same as the prior administration, and there have been a significant increase in removal flights within the Western Hemisphere.

He also points to increased Border Patrol hiring, an anti-smuggling campaign, and an intensified anti-fentanyl effort that has seen more seizures of the deadly drug which kills tens of thousands of Americans each year.

"Instead you claim that we have failed to enforce our immigration laws. That is false," he said.

He also pushed back on the criticism his department has faced over an alleged lack of responsiveness to oversight queries from Congress, claiming instead that he has been responsive to Congress with testimony, witnesses and documents.

"The allegations are baseless and inaccurate," he says.

MIGRANT CRISIS BROKE NEW RECORD IN DECEMBER WITH 302K ENCOUNTERS, OFFICIALS CONFIRM 

House Democrats have also backed Mayorkas on the matter. On Monday, they released a lengthy report accusing the Republican majority of abusing the impeachment process and running a "sham" process, while sabotaging Mayorkas’ efforts to handle the border crisis.

"What is glaringly missing from these articles is any real charge or even a shred of evidence of high crimes or misdemeanors – the Constitutional standard for impeachment. That should come as no surprise because Republicans’ so-called ‘investigation’ of Secretary Mayorkas has been a remarkably fact-free affair. They are abusing Congress’ impeachment power to appease their MAGA members, score political points, and deflect Americans’ attention from their do-nothing Congress," Ranking Member Bennie Thompson said in a statement.

"Republicans don’t actually want to work towards bipartisan solutions to fix the border – in fact, they have repeatedly sabotaged the Secretary’s efforts to secure the border and denied DHS’ funding requests. Secretary Mayorkas is upholding the law and honoring the public trust as he has throughout his more than 30 years of service to our Nation. The House must reject this sham resolution."

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

Marjorie Taylor Greene predicts Mayorkas impeachment articles will pass House without any Dem support

Rep. Marjorie Taylor Greene, R-Ga., is predicting that not a single House Democrat will vote in favor of impeaching Homeland Security Secretary Alejandro Mayorkas over the migrant crisis at the border.

The House Homeland Security Committee is meeting Tuesday morning to advance two articles of impeachment against Mayorkas – one for "willful and systematic refusal to comply with the law," and the second accusing him of a "breach of public trust."

"I still can't believe I had to force the floor vote on the House floor," Greene told Fox News Digital. "I guess I can be thanking these Democrats and these eight Republicans now that those articles of impeachment were moved, that my articles were moved to Homeland because… Chairman Mark Green and the other Republicans on Homeland, having dealt face-to-face and gone through all the hearings that we did, with all the witnesses that we brought in…they had the will to impeach Mayorkas."

WHITE HOUSE DEMANDS SPEAKER JOHNSON GIVE BIDEN ‘AUTHORITY AND FUNDING’ TO ‘SECURE THE BORDER’

Greene had attempted to bring her articles of impeachment for a vote twice in November. They were referred to committee the first time, avoiding the actual vote. She was persuaded to back down the second time after being assured the articles would go through the committee process.

The impeachment articles are likely to advance out of committee on party lines Tuesday. Then, Speaker Mike Johnson, R-La., pledged a House-wide vote "as soon as possible."

Greene anticipated the impeachment articles will pass the House also along party lines, even with Republicans’ razor-thin majority, with no Democratic support.

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"You would think with the situation as severe as it is… you would think that every Democrat, or at least some of the Democrats, would vote for this, but sadly, we're not going to see any Democrats vote for it," Greene said.

An adviser to House GOP leadership credited Greene with pushing the impeachment resolution to the floor, arguing "she deserves a lot of the credit" 

"Let's be clear, the impeachment of Mayorkas would not be happening unless MTG held GOP leadership's feet to the flames," the adviser told Fox News Digital.

OPINION: DID BIDEN INTENTIONALLY CAUSE THE BORDER CRISIS?

Democrats have accused House Republicans of playing politics with the border crisis, including with the impeachment of Mayorkas.

Mayorkas’ defenders have repeatedly pointed out that he is part of bipartisan talks in the Senate on a border security compromise. 

But House Republicans have criticized those talks, arguing that the resulting deal probably would not go far enough. They’ve also heaped skepticism on Mayorkas’ role in particular, claiming he cannot be part of a legitimate solution.

A spokesperson for the Department of Homeland Security said in a Sunday memo, "This markup is just more of the same political games from House Homeland Security Committee (CHS) Republicans. They don’t want to fix the problem; they want to campaign on it. That’s why they have undermined efforts to achieve bipartisan solutions and ignored the facts, legal scholars and experts, and even the Constitution itself in their quest to baselessly impeach Secretary Mayorkas."

House Republicans unveil articles of impeachment against DHS Sec. Mayorkas

House Republicans unveiled articles of impeachment against Homeland Security Secretary Alejandrop Mayorkas on Sunday.

The articles, introduced by Rep. Mark Green, R-Tenn., accuse Mayorkas of "Willfull and systemic refusal to comply with the law" and "breach of public trust." 

"Throughout his tenure as Secretary of Homeland Security, Alejandro N. Mayorkas has repeatedly violated laws enacted by Congress regarding immigration and border security. In large part because of his unlawful conduct, millions of aliens have illegally entered the United States on an annual basis with many unlawfully remaining in the United States. His refusal to obey the law is not only an offense against the separation of powers in the Constitution of the United States, it also threatens our national security," Republicans allege in the first article.

"Alejandro N. Mayorkas knowingly made false statements to Congress that the border is 'secure,' that the border is ‘no less secure than it was previously,’ that the border is 'closed,' and that DHS has ‘operational control’ of the border," they allege in the second article.

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"These articles lay out a clear, compelling, and irrefutable case for Secretary Alejandro Mayorkas’ impeachment. He has willfully and systemically refused to comply with immigration laws enacted by Congress. He has breached the public trust by knowingly making false statements to Congress and the American people, and obstructing congressional oversight of his department. These facts are beyond dispute, and the results of his lawless behavior have been disastrous for our country," said Green, who chairs the House Homeland Security Committee.

House Speaker Mike Johnson told fellow Republican lawmakers on Friday that he intends to hold a House-wide vote on whether to impeach Mayorkas "as soon as possible."

WATCH: MIGRANTS CLAIM ASYLUM ON COLD JANUARY NIGHT AS CBP UNION LEADER TALKS BORDER CRISIS

Johnson pointed out polling that showed illegal immigration as an increasingly urgent issue for American voters.

"The facts show that President Biden and his Homeland Security Secretary Mayorkas have willfully ignored and actively undermined our nation’s immigration laws," the speaker wrote in a letter to colleagues. "Rather than accept accountability, President Biden is now trying to blame Congress for what HE himself intentionally created."

The Department of Homeland Security offered a response to the allegations on Sunday, arguing that Republicans failed to present evidence that Mayorkas has committed any "high crimes or misdemeanors."

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The DHS argues the GOP effort has been a "cynical and hypocritical process" that was "predetermined from the start."

"This markup is just more of the same political games from House Homeland Security Committee (CHS) Republicans. They don’t want to fix the problem; they want to campaign on it. That’s why they have undermined efforts to achieve bipartisan solutions and ignored the facts, legal scholars and experts, and even the Constitution itself in their quest to baselessly impeach Secretary Mayorkas," the DHS said in a memo.

Rep. Bennie Thompson, D-MS., ranking member of the committee, rejected Republicans' argument in a statement.

"What is glaringly missing from these articles is any real charge or even a shred of evidence of high crimes or misdemeanors – the Constitutional standard for impeachment. That should come as no surprise because Republicans’ so-called ‘investigation’ of Secretary Mayorkas has been a remarkably fact-free affair. They are abusing Congress’ impeachment power to appease their MAGA members, score political points, and deflect Americans’ attention from their do-nothing Congress," Thompson said in a statement.

The GOP push to remove Mayorkas comes after years of skyrocketing illegal immigration under President Biden's administration.

Fox News' Chad Pergram, Tyler Olson, Griff Jenkins and Elizabeth Elkind contributed to this report