Trump foes melt down that SCOTUS is unleashing ‘racial terror’ on US with ICE raid ruling

A handful of California Democrats, who are also longtime political foes of President Donald Trump, slammed a Supreme Court ruling that lifts restrictions on the Trump administration’s immigration raids in Los Angeles as "un-American" and opening the door to a "parade of racial terror."

"@realDonaldTrump's hand-picked SCOTUS majority just became the Grand Marshal for a parade of racial terror in LA. His administration is targeting Latinos — and anyone who doesn’t look or sound like @StephenM's idea of an American — to deliberately harm our families and economy," California Gov. Gavin Newsom posted to X on Monday evening. 

Newsom, who has sparred with Trump stretching back to the president's first administration, was reacting to a 6-3 Supreme Court ruling on Monday that the Trump administration can continue deploying immigration raids in California, which blocked a lower court's ruling that halted such raids in the state. 

The case was punted to the Supreme Court after a federal judge in July blocked ICE from conducting raids in Los Angeles County, citing that they were likely unconstitutional as federal agents were detaining individuals for "apparent race or ethnicity," or speaking Spanish. Immigration activists had accused the federal government of targeting Latinos based on criteria such as speaking Spanish. The Ninth Circuit upheld the July order before the Supreme Court weighed in. 

TRUMP ADMIN SEEKS TO OVERTURN FEDERAL RESTRAINING ORDER LIMITING ICE OPERATIONS IN LOS ANGELES

Newsom, Los Angeles Mayor Karen Bass and California Democratic Sen. Adam Schiff each issued a rebuke of the Supreme Court's ruling on Monday, calling the Trump administration's immigration raids "blatantly illegal." 

"This Administration rounded up and arrested California residents, including U.S. citizens and legal residents, based on the color of their skin or the language they speak. This is blatantly illegal, yet the Supreme Court is allowing it to happen while the case proceeds. When the history of this country’s rapid descent into dictatorship is written, Republicans in Congress and the Roberts Court will have been its primary enabler," Schiff posted to X on Monday. 

Schiff has a long documented contentious relationship with Trump, including over the Jan. 6, 2021 investigation, Trump's first impeachment trial and the Russia investigation. The California Democrat is currently under a Department of Justice investigation for alleged mortgage fraud uncovered under the second Trump administration. 

"I want the entire nation to hear me when I say this isn’t just an attack on the people of LA, this is an attack on every person in every city in this country. Today’s ruling is not only dangerous – it’s un-American and threatens the fabric of personal freedom in the U.S." Bass added in her own message on X

Bass and Trump have also sparred in the past, most recently over the summer when federal immigration officials first converged on the city, and back in January when wildfires ripped across Southern California and devastated the Los Angeles area. 

"Let me be clear: we will not allow the White House, nor the Supreme Court, to divide us. And to all Angelenos, I will never stop fighting for your rights, your dignity, and your safety, despite this administration’s efforts to threaten them. We will stand united," Bass continued in a press release. 

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The Supreme Court's majority did not include an explanation for the ruling. Justice Brett Kavanaugh, however, authored a concurring opinion arguing that a combination of factors — such as race — could provide authorities with reasonable suspicion to stop a person and inquire about their immigration status. 

"To be clear, apparent ethnicity alone cannot furnish reasonable suspicion; under this Court’s case law regarding immigration stops, however, it can be a ‘relevant factor’ when considered along with other salient factors," Kavanaugh wrote.

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Justice Sonia Sotomayor issued the dissent and argued the emergency order approving such raids was "troubling" and pointed to the majority's lack of explanation for the move.  

"We should not have to live in a country where the Government can seize anyone who looks Latino, speaks Spanish, and appears to work a low wage job," Sotomayor wrote.

TRUMP ADMINISTRATION SUES LOS ANGELES OVER SANCTUARY POLICIES THAT 'IMPEDE' ICE OPERATIONS

The Trump administration celebrated the Supreme Court's decision on Monday. 

"This is a win for the safety of Californians and the rule of law," Department of Homeland Security spokeswoman Tricia McLaughlin said, according to Politico. "DHS law enforcement will not be slowed down and will continue to arrest and remove the murderers, rapists, gang members, and other criminal illegal aliens… ."

The Supreme Court order follows the Trump administration ordering immigration officials to carry out raids back in June to remove individuals illegally residing in Los Angeles, which dubbed itself a "sanctuary" for illegal immigrants in November before Trump was sworn back into the Oval Office. 

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Riots and protests subsequently broke out in the city as local leaders, such as Newsom and Bass, slammed the Trump administration's illegal immigrant crackdown and offered words of support to illegal immigrants. 

Fox News Digital reached out to Newsom's, Bass' and Schiff's respective offices on Monday afternoon. 

Fox News Digital's Ashley Oliver contributed to this report. 

Winsome Earle-Sears rebukes Spanberger plan to undo Virginia’s ICE pact: ‘This is not hard’

EXCLUSIVE: Virginia Lt. Gov. Winsome Earle-Sears rebuked a plan announced Wednesday by her 2025 gubernatorial opponent Abigail Spanberger to rescind an executive order that gives law enforcement and jailers authority to work with ICE in particular circumstances.

"Well, we know she won't be able to do that because she's not going to win," Earle-Sears quipped in a Wednesday interview.

"The people of Virginia are going to vote for me because [Gov. Glenn Youngkin’s order is] common sense and is keeping them safe. They have been safe since we've been in office," she said.

Earle-Sears said she and Youngkin have overseen a one-third drop in statewide crime, and she dismissed Spanberger’s remarks — first made in a Virginia Mercury interview — as "dangerous ideas" that are "all theory; no practical usage."

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Youngkin’s order sought to "maximize collaboration" with DHS and "us[e] all available methods to facilitate the arrest and deportation of inadmissible and removable criminal illegal immigrants."

To that end, Earle-Sears said Spanberger’s pledge ignores major developments in the battle against illegal immigrant gangs and the like.

"The number three MS-13 [was captured] right here in Manassas under her nose in her former neck of the woods," Earle-Sears said of Salvadoran national Henrry Josue Villatoro-Santos, who is alleged to be a top ranking member of the transnational gang.

Villatoro-Santos, 24, was arrested in March in Dale City – a middle-class suburb along I-95 between Fredericksburg and Washington – in an operation overseen by the FBI’s Manassas Field Office from the other side of Prince William County.

Spanberger previously represented the area in Congress – in a seat now held by Democrat Yevgeny "Eugene" Vindman, the twin brother of high-profile Trump impeachment figure Alexander Vindman.

In breaking the news earlier Wednesday, Spanberger said, "I would rescind [Youngkin’s] executive order, yes."

Spanberger said the Youngkin-Sears effort pulls local law enforcement away from their regular duties and wrongly encourages the state to dabble in federal roles.

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The Democrat called the U.S. immigration system "absolutely broken" and said allowing cops to help "tear families apart [is] a misuse of … resources."

Earle-Sears said officials in Richmond cannot focus on economic development and other top concerns of Virginians unless those constituents live in a safe environment.

Therefore, she said, separating themselves from DHS is counterproductive and "dangerous" to both the citizenry and the federal agents conducting the immigration operations.

The Republican nominee emphasized that she, too, is an immigrant — stressing that she came to the U.S. legally — and contrasted her story with that of many illegal immigrants arrested with criminal records, noting that her family came from Jamaica in search of opportunity and a better life.

"These criminal illegal immigrants, they come here for an opportunity to prey on us, and they prey on the very population that they're a part of," she said.

"We don't want that."

Youngkin also responded to the news, asking rhetorically if November’s "choice could be any more clear."

"In her very first act as governor, [Abigail Spanberger] promises to turn Virginia into a sanctuary state for dangerous illegal immigrants," Youngkin said on X. 

"[Earle-Sears] promises to keep dangerous criminals off our streets," the term-limited governor said.

Democrat John Fetterman declares support for ICE, condemning any calls for abolition as ‘outrageous’

Sen. John Fetterman, D-Pa., has expressed support for the work performed by U.S. Immigration and Customs Enforcement and condemned any calls to put the kibosh on the federal law enforcement agency.

"ICE performs an important job for our country," he declared in a post on X, describing "Any calls to abolish ICE" as "inappropriate and outrageous."

Multiple Republican lawmakers agreed with Fetterman.

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"Amen," Sen. Ted Cruz, R-Texas, said in a post when retweeting his Democratic colleague's post.

Sen. Mike Lee, R-Utah, and Rep. Nancy Mace, R-S.C., also expressed agreement with Fetterman's comments.

"Seconded," a post on Lee's @SenMikeLee X account that retweeted Fetterman declares.

"I concur. Thank you Senator," Mace noted when retweeting Fetterman's post.

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The post on Fetterman's @SenFettermanPA X account echoed comments the senator had made previously. 

"ICE agents are just doing their job," he told Fox News' Tyler Olson, adding, "I fully support that." Regarding any Democrats who want to abolish ICE or "treat them as criminals," Fetterman decried that as "inappropriate" as well as "outrageous."

But Fetterman has also expressed support for the prospect of amnesty for migrant workers.

DEMOCRATIC SEN. FETTERMAN SHUTS DOWN AOC'S CALL FOR TRUMP'S IMPEACHMENT AFTER IRAN STRIKES

"Absolutely support amnesty for the hardworking, otherwise law-abiding migrant workers. Round up and deport the criminals. We must acknowledge the critical contribution migrants make to our nation’s economy," he noted in a post on X.

Venezuelan opposition promises reparations to Laken Riley’s family, other victims of Tren de Aragua violence

FIRST ON FOX: Venezuelan opposition leader and U.S.-recognized President-elect Edmundo Gonzalez Urrutia promised to offer "reparations" to Laken Riley's family and other Americans affected by the crimes of street gang Tren de Aragua. 

In a letter to Riley’s family, González and fellow opposition leader María Corina Machado wrote, "Laken’s life, full of potential and promise, was tragically cut short by an individual who should have never been allowed to cross your border."

Secretary of State Marco Rubio spoke with González and Machado in January, reaffirming that Urrutia is the "legitimate president" of Venezuela. The Biden administration had previously referred to Urrutia as the "president-elect" before leaving office.

In their letter, the opposition leaders called Riley’s murder a "direct consequence of Nicolás Maduro’s regime, which has fostered an environment where criminal organizations like Tren de Aragua can flourish with impunity."

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Urrutia vowed that, if officially installed as president, he would "hold accountable all those responsible for the devastation they have wrought, both within Venezuela and internationally."

"We intend to establish a comprehensive framework for reparations, both for the countless Venezuelans harmed by this narco-state and also for victims abroad, including your family."

Gonzales also noted that the "vast majority of Venezuelans who have sought safety in the United States are committed to upholding the law and contributing to your nation’s economy and society."

"They long for the day they can return home to reunite with their families and work toward a free and prosperous Venezuela. We look forward to welcoming them back," they added. 

"Please accept this letter as a message of our deepest condolence and a solemn promise: Laken will never be forgotten. She will be remembered as an innocent victim of tyranny and a powerful catalyst for the change we are determined to bring about." 

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The Trump administration was allowed to move forward with a plan to invoke the Alien Enemies Act, a wartime immigration law dating back to 1798, to immediately deport Venezuelan nationals believed to be affiliated with Tren de Aragua. Legal battles over the deportation effort intensified when a federal district court temporarily blocked the policy – prompting Trump allies to call for the impeachment of Judge James Boasberg.

According to United Nations estimates, roughly 7.7 million Venezuelans have fled the country over the past decade, escaping economic collapse marked by hyperinflation, which peaked at 130,000% in 2018, and widespread poverty.

Since taking power in 2013, Nicolás Maduro’s regime has been plagued by allegations of corruption, authoritarianism, money laundering and drug trafficking. While many nations recognized González’s election victory in July, Maduro has refused to relinquish power.

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Maduro has issued an arrest warrant for González, who fled into exile in Spain last September.

Riley, a 22-year-old nursing student, was killed while jogging on the University of Georgia campus in February 2024. The suspect, José Ibarra – a Venezuelan national who entered the U.S. illegally – was arrested and charged with her murder. The killing sparked nationwide outrage and led to new immigration legislation that Trump signed into law shortly after taking office this year.

EXCLUSIVE: Emerging GOP leader backing Trump’s use of Alien Enemies Act at Supreme Court

EXCLUSIVE – Freshman Congressman Brandon Gill, R-Texas, is teaming with pro-MAGA law firm America First Legal to file an amicus brief to the Supreme Court backing President Donald Trump’s use of the Alien Enemies Act to deport illegal immigrant gang members. 

Gill, an outspoken conservative, was behind the effort to impeach the activist judge who halted the Trump administration's deportation of members of the Venezuelan gang Tren de Aragua – a violent criminal group known by its acronym TdA.

The brief was filed to the Supreme Court on Tuesday, just days after acting U.S. Solicitor General Sarah Harris petitioned the court to lift a temporary restraining order inhibiting the administration from carrying out its deportation agenda.

In their brief, America First and Gill argue the president has "absolute authority" under the Alien Enemies Act to determine when an invasion has occurred, and that this decision is "not judicially reviewable."

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The brief argues that "the evidence is that TdA has invaded the United States at the direction of the Venezuelan government and continues to invade, attempt to invade, and threaten to invade the country; perpetrated irregular warfare within the country; and used drug trafficking as a weapon against American citizens." 

In a statement to Fox News Digital, America First senior counsel James Rogers said, "The notion that a single unelected judge may take it upon himself to micromanage the defense of our nation is an unprecedented and complete corruption of the separation of powers, which is a bedrock feature of our Republic."

"AFL is proud to join with Rep. Brandon Gill to stand up for the rule of law and to protect our American citizens," said Rogers. 

"The evidence is that TdA is tied to the Government of Venezuela; members of this violent gang clearly qualify as invading aliens under the Alien Enemies Act," he added. "This law was passed more than 226 years ago, and courts have always held that they lack the power to interfere with the President’s authority as Commander in Chief to decide when to invoke the Act and expel aliens under its terms."

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"No plaintiff is entitled to use the courts to frustrate the president's exercise of clear constitutional authority," added America First Vice President Dan Epstein.

"The Biden administration’s failures depict clear reasons why the United States must fight this visceral threat to American self-government and the rule of law," he went on, adding, "The president declared that the United States is under invasion. The president has the power to make such a determination."

This comes after a 2-1 decision by a D.C. Circuit Court of Appeals panel upheld a ruling by D.C. federal Judge James Boasberg, a Biden appointee, further blocking the Trump administration's immigration enforcement plans. 

At issue is the Trump administration's authority to invoke the Alien Enemies Act, a 1798 wartime law, to immediately deport Venezuelan nationals, including alleged members of Tren de Aragua, which was designated a foreign terrorist organization by the Trump State Department.

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Trump issued an executive order on March 15 titled "Invocation of the Alien Enemies Act Regarding the Invasion of the United States by Tren De Aragua." In the order, Trump stated that TdA is sponsored by Venezuelan socialist dictator Nicolás Maduro with the goal of "destabilizing democratic nations in the Americas, including the United States."

In response, Boasberg issued a temporary restraining order immediately blocking the Trump administration from using the Alien Enemies Act to deport Venezuelan nationals. In his ruling, Boasberg cited the need to better consider the merits of the case, prompting the administration to file an emergency request for the U.S. appeals court to intervene. 

CLICK HERE FOR MORE IMMIGRATION COVERAGE

The Trump administration’s appeal described the restraining order as a "massive, unauthorized imposition on the Executive’s authority to remove dangerous aliens who pose threats to the American people." 

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In the administration’s petition to the Supreme Court, Harris said this case "presents fundamental questions about who decides how to conduct sensitive national-security-related operations in this country – the president, through Article II, or the judiciary, through TROs [temporary restraining orders]."

She said the Constitution "supplies a clear answer: the president," adding, "The republic cannot afford a different choice."

Judicial halt of deportation flights puts US foreign policy at risk, career State Dept official claims

The United States' foreign policy could be in jeopardy after a federal judge ordered deportation flights with Venezuelan gang members be returned to the states, a career State Department official argued in a recent court filing. 

Michael Kozak, Senior Bureau Official at the State Department, wrote in a declaration filed Monday that, "The foreign policy of the United States would suffer harm if the removal of individuals associated with TdA were prevented," given the "significant time and energy" already invested by U.S. government officials. 

Obama-appointed, D.C.-based Judge James Boasberg issued an order Saturday to immediately halt any planned deportations of Venezuelan nationals to El Salvador. Boasberg also ordered the Trump administration to notify their clients that "any plane containing these folks that is going to take off or is in the air needs to be returned to the United States."

TRUMP ADMINISTRATION HAS NOON DEADLINE TO DISCLOSE DEPORTATION FLIGHT DETAILS AFTER JUDGE'S ORDER

The flights also included alleged members of the violent gang Tren de Aragua (TdA). 

Kozak noted the possibility "that foreign interlocutors might change their minds" over accepting certain individuals associated with TdA "or might otherwise seek to leverage this as an ongoing issue."

"These harms could arise even in the short term, as future conversations with foreign interlocutors seeking to resolve foreign policy matters would need to take this issue into account along with other issues, instead of allowing the discussions to fully move on to the other issues," Kozak wrote. 

Kozak did not further expand upon the "harms" that could arise as a result of Boasberg's order in his declaration. 

JUDGE WHO ORDERED DEPORTATION FLIGHTS OF VENEZUELAN GANG MEMBERS BE RETURNED FACES CALLS FOR IMPEACHMENT

"TDA is one of the most violent and ruthless terrorist gangs on planet earth," White House Press Secretary Karoline Leavitt told Fox News Digital in a statement. "They rape, maim and murder for sport. TDA is responsible for some of the most heinous crimes that have occurred on US soil in recent years, including the murders of Laken Riley and Jocelyn Nungaray. TDA is a direct threat to the national security of the United States."

The Trump administration had attempted to invoke a 1798 law to immediately deport said individuals for 14 days. 

Boasberg sided with the plaintiffs, Democracy Forward and the ACLU in granting the emergency order and ruling that the deportations would likely pose imminent and "irreparable" harm. 

"Given the exigent circumstances that [the court] has been made aware of this morning, it has determined that an immediate Order is warranted to maintain the status quo until a hearing can be set," Boasberg wrote. 

WHO IS JAMES BOASBERG, THE US JUDGE AT THE CENTER OF TRUMP'S DEPORTATION EFFORTS?

In a Monday-evening hearing, Boasberg proceeded to ask the Trump administration to submit more information regarding the flights.

Both parties are ordered to appear back in court on Friday.

In its Monday motion to vacate the order, the Trump Department of Justice argued that not only did the court not have jurisdiction to hear the plaintiffs' claims, but Trump's "determination that an ‘invasion’ or ‘predatory incursion’ has occurred" is not subject to judicial review. 

"The Constitution simply provides no basis for a court to determine when this AEA trigger has been met, and thus there is no basis for second-guessing the policy judgment by the Executive that such an ‘invasion’ or ‘predatory incursion’ is occurring," the motion read. 

The motion also argued that the administration's "Proclamation" and its implementation "are perfectly lawful."

"Under his authority to protect the nation, the President determined that TdA represents a significant risk to the United States, that it is intertwined and advancing the interests of a foreign government in a manner antithetical to the interests of the United States, and that its members should be summarily removed from this country as part of that threat," the motion continued. 

Fox News Digital's Breanne Deppisch contributed to this report. 

Firebrand GOP lawmaker demands Mayorkas preserve border crisis records for Trump admin: ‘Undo the damage done’

FIRST ON FOX: A firebrand Republican lawmaker in Congress is demanding that DHS Secretary Alejandro Mayorkas preserve all information related to the border crisis that took place over the last four years as part of an ongoing records request.

"During your tenure as the Department of Homeland Security (DHS) Secretary, we have seen recordbreaking illegal alien encounters at our borders, millions of aliens released into the interior, scores of criminals and other bad actors infiltrating our communities, endangering Americans and aliens alike, and much more. It is imperative DHS preserve any and all information related to the border crisis and mass influx of aliens into the interior so the incoming Trump administration can deliver on its mandate to undo the damage done," Rep. Chip Roy, R-Texas, said in a letter to Mayorkas, obtained first by Fox News Digital.

Republicans have consistently complained that DHS has not been responsive to requests for information, a claim that DHS has denied – pointing to a slew of briefings, responses and hearing appearances that officials have given.

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Roy says his office and others have received "at best – delayed and insufficient responses or – at worst – no response from your office at all."

"As such, I request that you take all reasonable steps to prevent the destruction of all documents, communications, and other information, including electronic information, that are or may be responsive to this congressional inquiry, including memoranda, numerical data, reports, letters, and subpoenas received by Congress surrounding border security and immigration policies of the Biden-Harris Administration from January 20, 2021, to the present," he writes.

The letter comes as a political sea change on how to handle border security and illegal immigration is about to hit Washington, D.C. While the Biden administration has taken a number of hawkish moves at the border in recent months, including a presidential proclamation in June that drastically limited asylum, the incoming Trump administration and Republican Congress are eyeing significant overhauls to how immigration and border security are handled.

Given the historic crisis at the border, which started in early 2021 and continued deep into 2024, Republicans have hammered the administration on the border crisis, with Roy being a key member in the impeachment of Mayorkas earlier this year – although that impeachment was not taken up by the Senate.

While the Trump administration will likely bring in sweeping changes at the border, Roy’s letter indicates there will be continued interest in how the Biden administration handled the crisis.

CLICK HERE FOR MORE COVERAGE OF THE BORDER SECURITY CRISIS

Roy’s letter requests that DHS preserves information, including the number of migrants released with court dates, their countries of origins, last known whereabouts, and similar information for those released into the U.S. under humanitarian parole and those allowed to stay under programs like Temporary Protected Status.

It also seeks information on how the controversial CBP One app – which allows for migrants to schedule appointments to be paroled into the U.S. – was being used. Information requested also includes those who are no longer able to be contacted, those released with criminal charges or convictions, those with gang affiliations, and those given protection under Temporary Protected Status.

Roy also wanted to see the number of visa overstays, those admitted with visas who are suspected of fraud, and the number of countries that are "recalcitrant" and who are not taking back illegal immigrants. He also wants to know the number of Chinese nationals released into the U.S. with ties to the Chinese Communist Party, the names of organizations that have received DHS grants for caring for migrants and the number of worksite enforcement investigations conducted by ICE.

The letter is the latest sign that immigration, which was a political hot topic in 2024, will likely remain a top item for Congress as well as the administration in 2025. President-elect Trump has already appointed former ICE Director Thomas Homan as his border czar, and has nominated South Dakota Gov. Kristi Noem to be Mayorkas’ successor at DHS. Republicans are expected to push for additional legislation to aid in that operation. That push could take the form of HR 2, the Republican border bill that passed in the House in 2023, but has not been taken up by the Senate.

Mayorkas to tout decrease in border encounters in 1st visit to border since failed impeachment vote

Homeland Security Secretary Alejandro Mayorkas will visit Arizona on Wednesday on his first trip to the southern border since the Senate quashed articles of impeachment against him. 

Mayorkas will speak to reporters in Tucson, where he is expected to tout the decrease in illegal migrant numbers after President Biden took executive action on asylum processing three weeks ago. Arrests for illegal border crossings have fallen more than 40% since the executive order went into effect, according to the Department of Homeland Security. 

Border Patrol's seven-day average of illegal migrant encounters dropped from well over 5,000 to about 2,200, according to the latest Customs and Border Protection numbers obtained by Fox News. Mayorkas said border encounters were "moving in the right direction" in an appearance on MSNBC Wednesday morning. 

"You correctly note that the number of encounters at the southwest border have decreased in the three weeks that we've been implementing the president's proclamation by more than 40%," Mayorkas told host Mika Brzezinski, adding it was a "remarkable implementation" by immigration enforcement agencies.

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"We are conducting more removal flights than ever before. We are moving people through the system, and those who do not qualify are being removed or returned more rapidly." 

The latest Border Patrol figures are welcome news for President Biden, who must defend his record from withering attacks by former President Trump at the CNN Presidential Debate on Thursday. 

The U.S. has seen record numbers of migrant crossings at the border, with more than 2.4 million in FY 23 alone, on top of three years of the highest crossings ever seen. Republicans and Trump have hammered Biden over the crisis, arguing that it is his policies — and the rolling back of Trump-era policies — that have fueled the crisis. 

Trump lambasted Biden's border policies at a rally in Philadelphia over the weekend and accused him of "releasing illegal criminals into our communities to rape, pillage, plunder and to kill." 

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"Just this week, a 12-year-old girl in Houston, Jocelyn Nungaray, was tied up, stripped, and strangled to death after walking to a 7-Eleven," Trump said, referencing the suspected murder and sexual assault of a Texas girl who was found strangled to death in a creek last week. 

"Charged with Jocelyn's heinous murder are two illegal alien savages that Joe Biden recently set loose into our country. They came across our border claiming they feared for their lives in Venezuela."

Trump has promised the largest domestic deportation operation in U.S. history if elected, and to terminate "every Open Border policy of the Biden administration." He has also promised to deploy special forces to the border and reinstate his 2017 travel ban.

Biden, on the contrary, has argued that Congress must pass reforms to fix what he calls a "broken" immigration system. He has proposed legislation that Republicans oppose which would grant a pathway to citizenship for millions of illegal immigrants present in the U.S. 

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He also backed a bipartisan Senate bill introduced earlier this year, but it has failed to pick up steam in the upper chamber. Biden has blamed Trump for stifling the bill, which included additional funding for border operations and a mechanism to shut down crossings after a certain level.

"Republicans in Congress, not all, walked away from it. Why? Because Donald Trump told them to," he said in February.

With no progress in Congress, Biden took unilateral action to further limit asylum claims by migrants once average border encounters exceed 2,500 a day. Last week, he also announced a deportation shield for some illegal immigrant spouses of U.S. citizens. He has repeatedly said, however, that it is not enough, and he needs Congress to act in order to fix the system. 

Mayorkas reinforced the president's arguments on MSNBC, calling on Congress to "fix" the "broken immigration system." 

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"Remember that our detention capacity — and this is not specific to our administration, this has been historic, ever since the 90s, when I was a federal prosecutor — our detention capacity is not sufficient to meet the number of people we encounter," he said. "We have to release people into the United States when they are in immigration enforcement proceedings. And we put them on alternatives to detention when that is necessary from an enforcement perspective." 

House Republicans approved articles of impeachment against Mayorkas earlier this year, accusing him of "willful and systemic refusal to comply with the law" and breach of public trust.

However, the Democratic-controlled Senate had the articles declared unconstitutional and dismissed without a trial. 

Fox News Digital's Adam Shaw and The Associated Press contributed to this report. 

Mayorkas to tout decrease in border encounters in visit to border

Homeland Security Secretary Alejandro Mayorkas will visit Arizona on Wednesday to tout the decrease in illegal migrant numbers after President Biden took executive action on asylum processing three weeks ago. 

Mayorkas will speak to reporters in Tucson. Arrests for illegal border crossings have fallen more than 40% since the executive order went into effect, according to the Department of Homeland Security. 

Border Patrol's seven-day average of illegal migrant encounters dropped from well over 5,000 to about 2,200, according to the latest Customs and Border Protection numbers obtained by Fox News. Mayorkas said border encounters were "moving in the right direction" in an appearance on MSNBC Wednesday morning. 

"You correctly note that the number of encounters at the southwest border have decreased in the three weeks that we've been implementing the president's proclamation by more than 40%," Mayorkas told host Mika Brzezinski, adding it was a "remarkable implementation" by immigration enforcement agencies.

RACHEL MORIN'S MOM BLASTS MAYORKAS' DESCRIPTION OF SLAIN DAUGHTER AFTER ILLEGAL IMMIGRANT SUSPECT NABBED

"We are conducting more removal flights than ever before. We are moving people through the system, and those who do not qualify are being removed or returned more rapidly." 

The latest Border Patrol figures are welcome news for President Biden, who must defend his record from withering attacks by former President Trump at the CNN Presidential Debate on Thursday. 

The U.S. has seen record numbers of migrant crossings at the border, with more than 2.4 million in FY 23 alone, on top of three years of the highest crossings ever seen. Republicans and Trump have hammered Biden over the crisis, arguing that it is his policies — and the rolling back of Trump-era policies — that have fueled the crisis. 

Trump lambasted Biden's border policies at a rally in Philadelphia over the weekend and accused him of "releasing illegal criminals into our communities to rape, pillage, plunder and to kill." 

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"Just this week, a 12-year-old girl in Houston, Jocelyn Nungaray, was tied up, stripped, and strangled to death after walking to a 7-Eleven," Trump said, referencing the suspected murder and sexual assault of a Texas girl who was found strangled to death in a creek last week. 

"Charged with Jocelyn's heinous murder are two illegal alien savages that Joe Biden recently set loose into our country. They came across our border claiming they feared for their lives in Venezuela."

Trump has promised the largest domestic deportation operation in U.S. history if elected, and to terminate "every Open Border policy of the Biden administration." He has also promised to deploy special forces to the border and reinstate his 2017 travel ban.

Biden, on the contrary, has argued that Congress must pass reforms to fix what he calls a "broken" immigration system. He has proposed legislation that Republicans oppose which would grant a pathway to citizenship for millions of illegal immigrants present in the U.S. 

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He also backed a bipartisan Senate bill introduced earlier this year, but it has failed to pick up steam in the upper chamber. Biden has blamed Trump for stifling the bill, which included additional funding for border operations and a mechanism to shut down crossings after a certain level.

"Republicans in Congress, not all, walked away from it. Why? Because Donald Trump told them to," he said in February.

With no progress in Congress, Biden took unilateral action to further limit asylum claims by migrants once average border encounters exceed 2,500 a day. Last week, he also announced a deportation shield for some illegal immigrant spouses of U.S. citizens. He has repeatedly said, however, that it is not enough, and he needs Congress to act in order to fix the system. 

Mayorkas reinforced the president's arguments on MSNBC, calling on Congress to "fix" the "broken immigration system." 

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"Remember that our detention capacity — and this is not specific to our administration, this has been historic, ever since the 90s, when I was a federal prosecutor — our detention capacity is not sufficient to meet the number of people we encounter," he said. "We have to release people into the United States when they are in immigration enforcement proceedings. And we put them on alternatives to detention when that is necessary from an enforcement perspective." 

House Republicans approved articles of impeachment against Mayorkas earlier this year, accusing him of "willful and systemic refusal to comply with the law" and breach of public trust.

However, the Democratic-controlled Senate had the articles declared unconstitutional and dismissed without a trial. Mayorkas last visited the U.S.-Mexico border in May.

Fox News' Adam Shaw and The Associated Press contributed to this report. 

EDITOR'S NOTE: This report has been updated to clarify that Mayorkas visited the U.S.-Mexico border in May 2024.

RNC files lawsuit over noncitizen voting rights in Vermont’s largest city

The Republican National Committee launched a lawsuit this week seeking to ensure only citizens can vote in Burlington, Vermont, elections.

Residents of Burlington, the Green Mountain State’s largest city, approved the charter change in March 2023 that permits noncitizens to vote in municipal elections.

Vermont Republican Gov. Phil Scott later vetoed state approval of the measure, but was overridden by the legislature.

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The RNC said such elections influence Vermont’s education budget, which contradicts the state constitution’s requirement that only citizens can vote on matters affecting the state.

"Americans should decide American elections," RNC Chairman Michael Whatley said in a statement obtained by Fox News Digital.

"Democrats' persistent efforts to enable noncitizen voting dilute the voices of Americans in Vermont and across the country," he said.

In comments to Fox News, an RNC spokesperson added that Democrats’ "persistent efforts" to let noncitizens vote is "alarming."

"Combined with their catastrophic border crisis, noncitizens’ voting prioritizes illegal immigrants over U.S. citizens and jeopardizes our elections," the spokesperson said.

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While noncitizen suffrage remains illegal in federal-level elections, Burlington is not alone in permitting such.

In the Burlington suburb of Winooski, 11 people took advantage of the town’s "all-resident" voting policy, according to NPR.

Bordering Washington, D.C., the city of Takoma Park, Maryland, recently celebrated 30 years of being the first municipality in the nation where noncitizens are permitted to vote. 

A 2023 city statement on the matter said 20% of the approximately 350 noncitizens there cast ballots in the 2017 off-year elections.

Takoma Park’s 1992 policy change was notably spearheaded by resident and then-American University law professor Rep. Jamie Raskin, D-Md. 

It requires identification and proof of residency, according to a city statement.

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Washington, D.C., itself also allows noncitizen voting in municipal races.

In February, a New York State appeals court overturned New York City’s noncitizen suffrage provisions, while several states in the heartland banned the practice in the early 1900s.

In 2020, Florida and Alabama voters overwhelmingly approved state constitutional amendments by-referendum, declaring only citizens can vote within those states.

Politically, Burlington is otherwise best known as the city where high-profile Sen. Bernie Sanders, I-Vt., started his political career. The self-described "democratic socialist" served as the city’s mayor from 1981 to 1989.

Fox News Digital reached out to the city of Burlington for comment. A person who answered the phone at city hall directed Fox News Digital to a communications official who did not respond.