GOP hope for Mayorkas impeachment trial dims as Senate Dems look for quick dismissal

As the Senate waits for the House to deliver its articles of impeachment against Homeland Security Secretary Alejandro Mayorkas, multiple Democrats expressed their expectation to Fox News Digital that they will be dismissed quickly, and a full trial will not play out. 

Sen. Mark Kelly, D-Ariz., told Fox News Digital he "of course" thinks his fellow Democratic colleagues will move to table the articles when they are officially delivered to the Senate and lawmakers are sworn in to be jurors. 

"It's entirely political," he said. "They've never shown any evidence of any kind of impeachable offense and then impeached him in the House anyway. It's ridiculous."

During the House Republicans' retreat this week, House Speaker Mike Johnson, R-La., revealed, "We've not sent it over yet. And the very simple answer for that, and the reason for it, is because we're in the middle of funding the government in the appropriations process."

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He noted that there is a small window in which the Senate will be required to process the articles, and "we didn't want to interrupt the Senate and their floor time and their deliberation on appropriations, because we've risked shutting the government down."

According to Johnson, they will be delivered in "due course."

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In a narrow second attempt at impeaching Mayorkas last month, the House was successful. By a vote of 214-213, two articles of impeachment were approved against the DHS secretary. One accused him of having "refused to comply with Federal immigration laws" and the other of having violated "public trust."

Reps. Mike Gallagher, R-Wis.; Ken Buck, R-Colo.; and Tom McClintock, R-Calif., voted against the impeachment. 

The first attempt to pass the articles was brought down by four Republican defections, one of which was a procedural move by Rep. Blake Moore, R-Utah, which allowed the resolution to be brought back to the floor. 

"I expect it will be dismissed" by the Democratic caucus, Sen. Jon Ossoff, D-Ga., told Fox News Digital.

Sen. Bob Casey, D-Pa., similarly shared that he is hoping for a "quick dismissal."

Also urging the Senate to get past the impeachment articles, Sen. Tom Carper, D-Del., said, "Let's turn the page and move on and deal with the problems and challenges that we face," calling the impeachment both "nonsense" and "shameful behavior."

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Democrats are in the majority in the Senate and will ultimately decide how the body moves forward once the articles are delivered. And since it would only require a simple majority to table the impeachment, the upper chamber may opt to do so. 

Their Republican counterparts signaled an expectation that Democrats will move to table the articles. 

"I assume the Democrats will try and table it," said Republican Whip John Thune, R-S.D., who added his conference will do "everything we can to get them to conduct a trial."

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Sen. Shelley Moore Capito, R-W.Va., said she has heard "rumors" that Democrats were interested in tabling it. "I don't expect a full trial to happen at this point," she said. "But I think it should."

For many Democratic senators, it just isn't on their radar. The Senate is notably working on several issues, including federal nominations; aid to Ukraine and Israel; Foreign Intelligence Surveillance Act reform; Federal Aviation Administration re-authorization; and appropriations, with a March 22 deadline coming up for the last slate of funding bills. 

"I haven't given virtually any thought to the political charade around Secretary Mayorkas, so that's just not been high on my radar screen," said Sen. Mark Warner, D-Va., who explained that "serious issues" surrounding China and Ukraine are taking precedence. 

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"Who gives a s---?" said Sen. John Fetterman, D-Pa. He added that the Mayorkas impeachment would not be the last of the "dumb s---" that House Republicans have done. 

However, Sens. Catherine Cortez Masto, D-Nev., and Ben Cardin, D-Md., emphasized the importance of their status as jurors in the matter of the DHS secretary's impeachment. 

"As an impartial juror on all of the above, I've always been the same with any type of impeachment that I'm not going to predetermine or have any bias towards what's going to happen," said Cortez Masto. 

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Cardin echoed, "I've always taken the position as a juror, I shouldn't talk about that publicly." The senator noted, however, that he has "pretty strong views," adding that reporters could probably guess them. 

DHS did not provide comment on the Senate's procedure for the articles of impeachment to Fox News Digital. 

Following the House's vote last month, DHS spokesperson Mia Ehrenberg said in a statement, "House Republicans will be remembered by history for trampling on the Constitution for political gain rather than working to solve the serious challenges at our border." 

"Without a shred of evidence or legitimate Constitutional grounds, and despite bipartisan opposition, House Republicans have falsely smeared a dedicated public servant who has spent more than 20 years enforcing our laws and serving our country," she continued. 

Despite several Senate Republicans criticizing the House's attempt to impeach Mayorkas, many Republicans have changed their tune and expressed their interest in the Senate holding a full trial.

Fox News Digital's Liz Elkind contributed to this report.

Texas rep wants to force sanctuary cities to cooperate with ICE, urges Biden to take ‘aggressive action’

FIRST ON FOX: Texas Republican Rep. Tony Gonzales wants to ramp up pressure on "sanctuary" jurisdictions that refuse to cooperate with Immigration and Customs Enforcement (ICE) in deporting illegal immigrants – and he is urging the Biden administration to take "aggressive action" to help.

Gonzales, in an interview with Fox News Digital, highlighted the emergence of Tren De Aragua, a violent Venezuelan street gang that federal authorities have warned has expanded into other countries and is trying to establish itself in the U.S. The Texas congressman called it "essentially the new MS-13."

"They’re going to be entrenched in all our cities, and so it doesn't make sense to me, if you're a sanctuary city, that you should not be working with law enforcement to keep your city safe. That's what it boils down to – to keep your city safe," Gonzales said. 

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"Sanctuary" jurisdictions are those that, as a policy, do not honor ICE detainers. When ICE believes a removable illegal immigrant has been arrested on criminal charges, it will lodge a detainer – a request that they be notified before the immigrant is released from custody and to keep them in custody until ICE can take custody of them. Proponents of sanctuary policies argue that enforcing federal law is not the responsibility of local jurisdictions and that working with ICE has a chilling effect on relations between people seeking asylum and members of the local community.

But such policies have recently been brought under heightened scrutiny after a number of high-profile incidents where jurisdictions ignored ICE detainers and released illegal immigrants, only for them to subsequently commit serious crimes. Gonzales, who recently spoke to acting ICE Director Patrick Lechleitner, sits on the House Appropriations Committee and said his team is working on items that can empower ICE and also limit sanctuary cities.

"If you really want to move the needle, put money behind it," he said. "Appropriations is where you do that. So that is one of the things that our team is looking at.

"I want to empower ICE to go out there and catch these bad actors," he said. "This is no longer a partisan issue. I think there's a lot of fertile ground for you to get people to agree on it."

Along with more funding for ICE, Gonzales said he was tying federal grants to cooperation with ICE – something the Trump administration implemented with certain DOJ grants. However, he also floated something even stronger – a mandate for that cooperation with ICE.

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"I think one of the things that we can solve is getting these sanctuary cities to not be an option, that they work with federal agencies, for there to be a mandate," he said. "Like, ‘Here's the deal. You will work with federal agencies to… tackle these bad actors and keep your city safe.’"

In the meantime, Gonzales is leading a letter to the White House and the Department of Homeland Security. That letter, a copy of which was obtained by Fox News Digital, carries the signatures of nearly two dozen Republicans and says sanctuary policies pose a "direct threat" to public safety.

WHITE HOUSE CALLS FOR SANCTUARY CITIES TO COOPERATE WITH ICE AMID FUROR OVER ILLEGAL IMMIGRANT CRIMES

"We are asking you to take aggressive action to end the abuse of our nation’s border laws and discourage sanctuary cities from providing safe harbor to violent criminals who have entered our country illegally," it reads.

While Republicans and the administration have been at loggerheads over immigration policy, there may be some common ground. 

Lechleitner recently told Fox News that such jurisdictions are "inherently more unsafe."

"It is a concern, and I’m very baffled by it," he said.

Homeland Security Secretary Alejandro Mayorkas told mayors in 2022 that he would be seeking to persuade leaders to change their policies.

"We are not engaged in indiscriminate enforcement, but we are focused on making our communities safe and allowing those who have been contributors to it and productive members of it, to allow them to continue in their contributions and their productivity," he told the U.S. Conference of Mayors in 2022.

"And so, I will be coming to you and asking you to reconsider your position of non-cooperation and see how we can work together."

The White House, in a statement to Fox News Digital last month, said it welcomes local law enforcement cooperation "in apprehending and removing individuals who pose a risk to national security or public safety."

"When a local jurisdiction has information about an individual who could pose a threat to public safety, we want them to share that information with ICE," a spokesperson said.

The Republican lawmakers cited that statement as they continue to urge the administration to crack down on sanctuary jurisdictions.

"We urge you to act on these demands and ensure that sanctuary cities cooperate – our national security depends on it," the letter reads. Fox reached out to the White House and DHS for comment regarding the letter but did not hear back at press time. 

Gonzales also noted that any moves to crack down on sanctuary jurisdictions could be helpful to a future Trump administration.

He said: "Even though he's going to implement all these new policies, there needs to be a buildup ahead of time... And I think there's an opportunity here to do that through the appropriations process by punishing those sanctuary cities that aren’t cooperating and rewarding ICE that is actually… getting back to doing their job."

Johnson’s State of the Union guests include mother of woman allegedly killed by MS-13 gang member

FIRST ON FOX: Speaker Mike Johnson’s guests at the State of the Union on Thursday will include a mother who lost her son to a pill laced with fentanyl and the mother of a Maryland woman who was raped and murdered in 2022, allegedly by an MS-13 gang member.

Johnson, R-La., has invited Tammy Nobles, whose 20-year-old daughter Kayla Hamilton was killed in her mobile home in 2022, to the Thursday address by President Biden. He has also invited Stefanie Turner, who formed Texas Against Fentanyl after her son Tucker was killed by an illicit Percocet pill.

"President Biden’s open-border catastrophe is undermining the safety of our communities and ripping families apart," Johnson said in a statement to Fox News Digital. "Tammy Nobles and Stefanie Turner are two of the many parents who’ve experienced the devastating effects of the catastrophe at our border, having tragically lost their children to criminal aliens and fentanyl, which is pouring through our borders."

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The ongoing border crisis has become a top political issue in the days leading up to the address, with Biden expected to renew his calls for the Senate to pass a border agreement unveiled earlier this year. Republicans have blamed the crisis on the policies of the administration.

"I’m honored to be hosting Tammy and Stefanie at the State of the Union, as we fight for a secure border and to hold President Biden accountable for his failure to protect this country and the American people," Johnson said.

Nobles testified in the impeachment hearings of Homeland Security Secretary Alejandro Mayorkas, citing her daughter’s murder as a consequence of the crisis at the border. In 2023, police arrested an El Salvadoran 17-year-old who authorities said is linked to the MS-13 street gang and who was released into the U.S. in 2022 into the custody of his aunt after being encountered at the border.

"I’m honored to be a guest of Speaker Mike Johnson at the State of the Union. I am so glad that my efforts to share Kayla's story and bring awareness to what is happening at the border are being recognized," Nobles said in a statement. "I will continue fighting and demanding accountability for what is happening at the border. I hope positive changes will occur in the future to save many lives. Something must change."

BIDEN, DURING VISIT TO OVERWHELMED BORDER, URGES REPUBLICANS TO BACK SENATE BILL: ‘TIME TO ACT’ 

Turner described fentanyl, which can be fatal in tiny doses and is primarily made in Mexico and smuggled across the U.S. border, as a "clandestine killer."

"While I carry the pain of losing my only son, Tucker, I also represent all the families who have to learn to live life again after the death of their loved one. It is absolutely heartbreaking. We are so disgusted that more is not being done to stop this war on the American people. We have had enough," she said in a statement. "We must do more to educate our youth and communities!"

Republicans have tied the three-year crisis to the policies of the administration, including narrowed interior enforcement, catch-and-release and a reversal of Trump-era policies.

Biden, who last week visited the border in Brownsville, Texas, has said Congress needs to pass reforms and provide more funding. He has backed a bipartisan Senate bill, which has failed to drum up enough support to pass. 

DUELING BIDEN, TRUMP VISITS TO BESIEGED BORDER COME AMID FRESH SLEW OF VIOLENT CRIMES BY ILLEGAL IMMIGRANTS

The deal includes $1.4 billion in funding to cities and NGOs receiving migrants, action to tackle fentanyl smuggling and a limit on asylum claims. It would also increase detention beds to 50,000 and provide additional immigration judges. However, conservatives have opposed it, saying it is insufficient and that it would normalize high levels of illegal immigration. House Republicans have called for the passage of the GOP border legislation passed in the House last year, instead.

But Biden said it was "time to act."

"Folks, the bipartisan border security bill is a win for the American people and a win for the people of Texas, and it's fair for those who legitimately have a right to come here," Biden said.

"The U.S. Senate needs to reconsider this bill and those senators who oppose it need to set politics aside and pass it on the merits, not on whether it's going to benefit one party or another party," he said, also calling for Johnson to put it on the floor in the House.

The White House told Fox News Digital when reached for comment Tuesday, "Speaker Johnson is making the case for the toughest bipartisan border security deal in modern history, which [the] President worked with Republicans and Democrats to deliver, but the Speaker is obstructing. Instead of choosing fentanyl traffickers, human smugglers, and Donald Trump over the Border Patrol and America’s national security, Speaker Johnson should join President Biden in supporting the safety of our communities."

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Fox News' Aubrie Spady contributed to this report.

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

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

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

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

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

CHINESE MIGRANTS POURING ACROSS SOUTHERN BORDER SPARK NATIONAL SECURITY CONCERNS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The Associated Press contributed to this report.

Mayors want work permits extended to keep migrants employed, receive new asylum seekers

More than 40 mayors and county executives from around the country are calling on the federal government to extend work authorizations for illegal migrants, saying that without the measures thousands will lose their jobs, businesses will suffer and districts will find it harder to cater to new asylum seekers.

The elected officials – which include New York City Mayor Eric Adams and Chicago Mayor Brandon Johnson – wrote a letter on Monday to Department of Homeland Security Secretary (DHS) Alejandro Mayorkas and U.S. Citizenship and Immigration Services (USCIS) Director Ur Jaddou, calling for automatic extensions for existing work permits of at least 540 days.

Historically, migrants have been granted a 180-day grace period if their Employment Authorization Document (EAD) renewal application is still pending.

In 2022, USCIS extended the 180-day grace period to 540 days due to lengthy processing delays. 

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That extension expired on Oct. 26 and now the mayors are requesting a "permanent automatic extension of work authorization" in the form of an interim final rule that extends work permits for 540 days or longer. 

"Without this, hundreds of thousands of immigrant workers will lose their work authorization, businesses will lose staff, and our cities and counties will face an increasing challenge to provide shelter to the public," the mayors and county executives wrote. 

"If DHS does not address this impending crisis, local economies will suffer additional harm in the face of large job losses."

DENVER MAYOR BLAMES REPUBLICANS AND TRUMP FOR $5M CUTS TO PAY FOR MIGRANT CRISIS

The signees wrote that local businesses are still struggling to address the current labor shortage and cannot handle further disruptions to their operations by losing immigrant workers. 

"We are concerned that the lengthy delays in adjudicating renewal applications for work authorization have not improved."

They wrote that as of June 2023, there were approximately 263,000 EAD renewal applications pending. 

Given these delays, they wrote, hundreds of thousands of immigrants will likely experience a lapse in their work authorization in the coming months. 

"As a result, cities and counties are bracing for similar events to transpire, and we are already hearing from businesses who may soon be forced to lay off their workers until their renewed EADs arrive."

The officials also wrote that if extensions are not granted it will "significantly impact our ability to receive newly arrived asylum seekers."

"Cities and counties across the United States are quickly running out of shelter space. If hundreds of thousands of already-employed immigrants lose their jobs, they are likely to lose their homes, and this will result in cities and counties experiencing even greater difficulty providing shelter space and additional services to the public," the letter reads.

"If DHS does not implement a permanent change to the automatic extension, any temporary extension should be for a period of no less than three years, to allow sufficient time for USCIS to work through the extensive work permit renewal backlog. We ask that you act swiftly so that the communities we represent do not experience the destabilizing effects of immigrant workers falling out of the workforce."

The signees are part of a group called the Cities For Action (C4A), made up of nearly 180 U.S. mayors and county executives who advocate for "humane immigration policies that strengthen their cities and reflect the nation’s values of inclusion and opportunity."

Adams, who has criticized the federal government’s response to the crisis, saying it would destroy New York City, said the migrants have a right to work in the Big Apple. At least 170,000 illegal migrants have arrived in New York since the spring of 2022.

"New York City thrives on the diverse and dedicated contributions of these community members and stripping people of their right to work is simply un-American," Adams said in a statement accompanying the letter.  

"I'm hopeful the federal government acts swiftly to protect the stability and security of hundreds of thousands of immigrant workers and their families."

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Meanwhile, Denver Mayor Mike Johnston, who last week announced cuts to public services to help fund the cost of his city’s migrant crisis, also signed the letter. About 40,000 migrants, mostly from Venezuela, have arrived in Denver over the past year, and more than 3,500 are living in city-funded hotel rooms, according to the Colorado Sun.

"Over the past few weeks, Denver has seen record-high numbers of migrants arriving in our city, and very few have the ability to work and make a living for their families," said Johnston

"This has created simultaneous humanitarian and fiscal crises for our city, forcing us to look at significant budget cuts and reduction in services. We know that the ability for migrants to work is critical to Denver’s success, and it is imperative that DHS take immediate action to prevent even more migrants from losing their work authorization."

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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."

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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."

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"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.