Justice Department sues Texas over law to let police arrest illegal immigrants

The Justice Department on Wednesday filed a lawsuit against Texas over a state law allowing authorities to arrest illegal immigrants, pitting Republican Gov. Greg Abbott against the Biden administration as both remain at odds over how to handle the escalating crisis at the southern border. 

The lawsuit, filed in an Austin federal court, came after Abbott signed into law last month a measure challenging the federal government's authority over immigration matters. In addition to Biden, several blue cities like New York and Chicago have pushed back against Abbott for having thousands of migrants bussed from his state to their jurisdictions. 

"The United States brings this action to preserve its exclusive authority under federal law to regulate the entry and removal of noncitizens," the lawsuit states. "Texas cannot run its own immigration system. "Its efforts, through SB 4, intrude on the federal government’s exclusive authority to regulate the entry and removal of noncitizens, frustrate the United States’ immigration operations and proceedings, and interfere with U.S. foreign relations."

JOHNSON CALLS MIGRANT CRISIS ‘TRULY UNCONSCIONABLE’ DURING VISIT TO BESIEGED SOUTHERN BORDER

Texas is also fighting a separate court battle over the installation of razor wire on the Rio Grande and a floating barrier, which has angered Mexican leaders as well. 

Under the Texas law, migrants could either agree to a judge's order to leave the U.S. or be prosecuted on misdemeanor charges of illegal entry. Those who don't leave could face serious felony charges if arrested again.

Those ordered to leave would be sent to ports of entry along the border with Mexico, even if they are not Mexican citizens. The law can be enforced anywhere in Texas but some places are off-limits, including schools and churches.

HOUSE HOMELAND SECURITY COMMITTEE SETS FIRST MAYORKAS IMPEACHMENT HEARING

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

Last week, the Justice Department sent Abbott a letter threatening legal action unless Texas reversed course. In response, Abbott posted on X that the Biden administration "not only refuses to enforce current U.S. immigration laws, they now want to stop Texas from enforcing laws against illegal immigration."

The governor has repeatedly accused the Biden administration of failing to address issues at the border amid record numbers of migrants crossing into the United States. The bussing program has angered Democrats in blue cities, who say their jurisdictions lack sufficient resources to care for migrants they've received. 

Illegal crossings along the southern U.S. border topped 10,000 on several days in December, a number that U.S. Customs and Border Patrol Commissioner Troy Miller called "unprecedented." U.S. authorities closed cargo rail crossings in Eagle Pass and El Paso for five days last month, calling it a response to many migrants riding freight trains through Mexico to the border.

The Associated Press contributed to this report. 

Johnson calls migrant crisis ‘truly unconscionable’ during visit to besieged southern border

House Speaker Mike Johnson, leading a GOP delegation to the southern border on Wednesday, slammed what he said is a "truly unconscionable" migrant crisis at the southern border and blamed it on President Biden's policies – as encounter numbers hit record levels and talks over supplemental funding have so far failed to produce an agreement.

Johnson led more than 60 Republicans to the southern border to assess the ongoing crisis, where migrant encounters hit a record 302,000 last month.

"One thing is absolutely clear: America is at breaking point with record levels of illegal immigration," he said in a press conference.

BIDEN ADMIN EYES MORE DEPORTATION FLIGHTS TO VENEZUELA AS MIGRANT NUMBERS SHATTER RECORDS

"The situation here and across the country is truly unconscionable. We would describe it as both heartbreaking and infuriating," he said.

Republicans were clear that they blamed the crisis on the policies of the administration, pointing to the rollback of Trump-era policies like the Remain-in-Mexico policy and a greater number of releases of migrants into the interior, both under Notices to Appear and through the "expanded lawful pathways" set up by the administration.

"Rather than incentivizing people to come, the president needs to deter people from coming. Rather than discussing amnesty with Mexico…this administration should reinstate the Remain-in-Mexico policy," he said.

"This is an unmitigated disaster, a catastrophe and what's more tragic is it's a disaster of the president's own design," he said, accusing the president of putting out a "welcome mat" for illegal immigrants.

The border trip comes not only amid high numbers but amid ongoing negotiations in Washington over the White House’s border supplemental request. The administration has requested $14 billion for border funding as part of the $100 billion+ package which includes money for Ukraine and Israel.

HOUSE HOMELAND SECURITY COMMITTEE SETS FIRST MAYORKAS IMPEACHMENT HEARING

Republicans in both chambers have said the package does not include enough limits on asylum and the use of humanitarian parole, and negotiators in the Senate have been trying to find a way to come to an agreement with the administration.

But Republicans in the House have gone a step further and want the entirety of the House Republican border bill, passed last year, to be included. That includes money for more Border Patrol agents, the restarting of wall construction and significant limits on the release of migrants into the interior. Johnson said the bill, H.R. 2, is the "necessary ingredient."

"Because it has provisions that fix each of these problems and these things work together," he said.

ILLEGAL IMMIGRANT POPULATION SOARS UNDER BIDEN: GOVERNMENT DATA

However, Democrats in the Senate have ruled out H.R. 2 and similar proposals as a non-starter. Even some reported concessions by the Biden administration, including the establishment of a Title 42-style removal authority, have been met with anger from some liberal Democrats.

The Biden administration, meanwhile, sought to pin some of the blame on Republicans for failing to agree to the funding request as it is. 

"We have House Republicans that are literally blocking the president's effort to do something. That's what they're doing. They're playing political games. They're doing political stunts," White House Press Secretary Karine Jean-Pierre said on Wednesday.

LIBERAL MAYORS PUSH BIDEN FOR EMERGENCY DECLARATION, ADDITIONAL FUNDING TO DEAL WITH MIGRANT CRISIS

"Speaker Johnson is continuing to block President Biden’s proposed funding to hire thousands of new Border Patrol agents, hire more asylum officers and immigration judges, provide local communities hosting migrants additional grant funding, and invest in cutting edge technology that is critical to stopping deadly fentanyl from entering our country," spokesperson Andrew Bates said earlier Wednesday.

The Biden administration has said it is pursuing a policy of expanding lawful pathways for migration while increasing "consequences" for illegal entry -- pointing to what it says are over 460,000 returns of illegal immigrants since Title 42 ended in May, more removals than in all of FY 19. 

But it says it needs comprehensive immigration reform to fix what it says is a broken system. The administration unveiled a bill in January 2021, but it has been rejected by Republicans due to its inclusion of a pathway to citizenship for millions of illegal immigrants already in the U.S.

While the two approaches appear to clash, the administration said Tuesday evening that there has been progress in talks.

"Our negotiations with the Senate continued over the holidays, and we continue to be encouraged by the progress being made. And while we are not there yet, we believe we are moving in the right direction," a senior administration official told reporters.

On Wednesday, however, Johnson said that after the trip Republicans were more resolved to "stand for sanity."

"If President Biden wants a supplemental spending bill focused on national security, it’d better begin by focusing on America’s national security," he said.

DHS chief Mayorkas calls out Texas for ‘failure of governance’ amid illegal immigrant crisis and impeachment

Homeland Security Secretary Alejandro Mayorkas called out Texas Gov. Greg Abbott on Wednesday, labeling his migrant busing policy "a remarkable failure of governance." 

Mayorkas, who faces impeachment proceedings in the House for his handling of the illegal immigration crisis, blamed Abbott, a Republican, for failing to cooperate with officials in Democrat-led cities that have been overwhelmed by migrant arrivals. 

"Let me identify one fundamental problem here, and that is the fact that we have one governor in the state of Texas who is refusing to cooperate with other governors and other local officials," Mayorkas said on MSNBC's "Morning Joe."

Emphasizing the need for the country to "stand united" on immigration, Mayorkas said, "it's a remarkable failure of governance to refuse to cooperate with one's fellow local and state officials." 

HOUSE HOMELAND SECURITY COMMITTEE SETS FIRST MAYORKAS IMPEACHMENT HEARING

Abbot began bussing migrants to New York City and other sanctuary jurisdictions last year in protest of the Biden administration's border policies. Abbott’s office has said it has sent around 27,000 migrants to New York City since then and has done so to relieve pressure on besieged border communities.

The illegal immigration crisis — which broke a record in December with over 300,000 encounters at the border in a single month — has put a strain on Democrat-led cities that lack the resources to house them. New York and Chicago have attempted to unload migrants in surrounding suburban neighborhoods, which in turn have complained that they cannot house them and threatened to send migrant buses back to the Texas-Mexico border. 

BIDEN ADMIN EYES MORE DEPORTATION FLIGHTS TO VENEZUELA AS MIGRANT NUMBERS SHATTER RECORDS

New York City Mayor Eric Adams said last week his city is at a "breaking point" after 161.000 migrants have arrived since spring 2022, including those who have arrived on their own. The mayor issued an executive order restricting when and where buses may drop off migrants, but a "loophole" in the city's order was reportedly found after migrants were delivered to train stations in New Jersey, from which they departed for the Big Apple. 

"We're dealing with a bully right now, and everything is on the table that conforms with the law," Adams said of Abbott on Tuesday. 

NEW YORK CITY, CHICAGO SUBURBS TURN THEIR BACKS ON MIGRANT BUSES, SAY THEY CANNOT HANDLE INFLUX

Mayorkas told MSNBC that federal teams have been dispatched to Chicago, Denver and New York to assist in managing migrant arrivals and ensure that migrants eligible to work receive their work authorization as quickly as possible. 

"We've also successfully sought some funding from Congress to assist cities, and in our supplemental budget request we've requested additional funding for that purpose," Mayorkas said. 

House Republicans have blamed Mayorkas as the border crisis has worsened under his leadership. The Homeland Security Committee will hold its first impeachment hearing into the secretary on Jan. 10 as Republicans accuse Mayorkas of refusing to enforce immigration laws.

Mayorkas said he will "certainly" cooperate with the committee's investigation and "continue to do my work as well." 

Fox News Digital's Timothy H.J. Nerozzi, Anders Hagstrom, Houston Keene and Adam Shaw contributed to this report.

Illegal immigrant population soars under Biden: government data

The number of non-detained illegal immigrants has soared under the Biden administration amid a historic crisis at the southern border, a new report released Friday shows, even as deportations have climbed but have failed to keep pace with the surge at the border. 

The Immigration and Customs Enforcement (ICE) report for fiscal 2023 shows that the number of illegal immigrants on the non-detained docket has soared from 3.7 million in FY 2021 to nearly 4.8 million in FY 2022 to nearly 6.2 million in FY 2023. The non-detained docket includes illegal immigrants who have final orders of removal or are going through removal proceedings but are not detained in ICE custody.

The number on the detained docket has increased from 22,000 to over 36,000 in the same period.

BORDER NUMBERS FOR DECEMBER BREAK MONTHLY RECORD, AS BIDEN TALKS AMNESTY WITH MEXICO

The number of illegal immigrants being deported has increased, according to the report, but it is still a fraction of the increase in the illegal immigrant population. There were 142,580 removals in FY 23, up considerably from 72,177 in FY 22 and 59,011 in FY 21, but still down from the highs of 267,258 under the Trump administration in FY 19. ICE noted that the 142,580 removals were in addition to over 60,000 Title 42 expulsions in FY 23 at the border, some of whom it said would have otherwise been subject to deportation.

That's at the same time as there were a record 2.4 million migrant apprehensions at the southern border. Those numbers have looked likely to continue, with Fox News reporting on Friday that December will shatter records for monthly encounters with over 276,000 encounters. Fox has previously reported that officials have said they are releasing around 5,000 illegal immigrants into the U.S. each day.

The agency also pointed to an increase in administrative ICE arrests, which increased by 19.5% to 170,590 in FY 23. It also arrested 73,822 illegal immigrants with a criminal history.

"ICE continues to disrupt transnational criminal organizations, remove threats to national security and public safety, uphold the integrity of U.S. immigration laws, and collaborate with colleagues across government and law enforcement in pursuit of our mission to keep U.S. communities safe," acting ICE Director Patrick Leichleitner said in a statement. "I am proud of the efforts of our more than 20,000-strong workforce who work every day to achieve their mission while also assisting homeland security and law enforcement partners with integrity, courage and excellence."

US-MEXICO MIGRATION TALKS INCLUDED BENEFITS OF ‘REGULARIZING’ ILLEGAL IMMIGRANTS LIVING IN US 

The Biden administration significantly narrowed ICE enforcement priorities in 2021, limiting agents to arresting and deporting those who are either recent border crossers, national security threats or public safety threats. It came after the administration initially tried to slap a moratorium on all ICE deportations, but was blocked by a federal judge.

The administration says the narrowed priorities are necessary due to limited ICE resources, but Republican critics have claimed it is part of an open-borders agenda from the administration.

Separately, ICE only removed 212 unaccompanied minors in FY 23, despite the more than 137,000 arriving in FY 23; it’s a new low and down considerably from over 6,000 removed in FY 19.

Meanwhile, ICE deported 139 known or suspected terrorists in FY 23, a large jump in deportations of that population from 56 in FY 22 and higher than the numbers seen during the Trump administration as well, where 58 were removed in FY 19.

LIBERAL MAYORS PUSH BIDEN FOR EMERGENCY DECLARATION, ADDITIONAL FUNDING TO DEAL WITH MIGRANT CRISIS

The new report is unlikely to satisfy Republican criticisms of the Biden administration, who see the enormous number of migrants being released into the U.S. and what they regard as insufficient efforts to either stop them coming in or deport them. Some Republicans have pushed for the impeachment of Homeland Security Secretary Alejandro Mayorkas, while a number of Republican states unsuccessfully sued to block the administration's narrowing of ICE priorities.

The White House has called for an additional $14 billion in border funding, which includes additional ICE detention beds and immigration judges. But it has been held up as Republicans demand stricter limits on asylum and the administration’s use of humanitarian parole. Some Republicans have called for the inclusion of the House GOP border security bill, which would restart border wall construction and significantly limit releases of migrants into the interior.

The administration has reportedly been open to a new Title 42-style removal authority and additional detention and removals as part of any agreement, but it is unclear if any such agreement can be reached and if it could pass both chambers of Congress.

Fox News' Griff Jenkins contributed to this report.

Congress’ fight over immigration reform could last a while

Let’s game out a potential agreement on border security.

There was the Christmas rush to try securing a deal before the holiday. The plan was to link an immigration accord to a massive international aid package for Israel and Ukraine requested by President Biden

The Senate stuck around Washington for a few extra days before Christmas. Talks even ran through one weekend in mid-December. Senate Majority Leader Chuck Schumer, D-N.Y., partially delayed the Senate’s holiday recess to maintain momentum in the talks. However, few senators thought much of the effort. A meager 61 senators surfaced on the evening of Dec. 18 for a vote to confirm former Maryland Gov. Martin O’Malley as the Social Security Administration Commissioner. 

It was the sparest attendance for any Senate vote since 56 senators cast ballots on an appropriations bill on May 28, 1959. 

BIDEN HAS ANOTHER CALAMITOUS YEAR AT THE SOUTHERN BORDER IN 2023 AS RECORDS SHATTER

The 1959 tally was only rivaled by a scant 54 senators who showed up to vote on May 5, 1960. The issue at hand was more like the issue "afoot": duties the government levied on lathes used to make shoes. The Senate voted to give the duties the boot. 

Border security talks are taking so long that senators may well burn through a few pairs of shoes before they strike a deal. Even though attendance was thin last week, Senate negotiators plodded ahead. Dropping things for the holidays would likely have cost the process momentum, such as it was. Maintaining any modicum of momentum is paramount if you consider the difficult path ahead for a border security/supplemental spending package. 

Talks resumed this week, remotely. One source signaled to Fox News that the negotiators might meet in person before Congress reconvenes on Jan. 8, if it is believed that face-to-face negotiations would help. In fact, Fox was told it is entirely possible the sides cannot even reach an agreement until the week of Jan. 8. Of course, it remains to be seen whether they can get a deal at all.

MENENDEZ BLOCKS 2 BIDEN NOMINEES OVER FRUSTRATION WITH BORDER NEGOTIATIONS

Let’s consider a middle-of-the-road scenario here.

Imagine the sides reach a handshake agreement late next week, before Congress returns to session. At a minimum, it will take congressional legislative counsel a week or so to actually write the very complex, intricate changes to border and immigration policy. So that gets us toward the end of the first full week of January before the bill text is ready.

All the while, interest groups and factions in Congress will inevitably start to chip away at this provision or that one after details of the agreement begin to dribble out. You can anticipate that opposition from both parties could be fierce to any proposal as controversial and complicated as immigration. That is why even a deal may be far from a true agreement. 

So this could drift until mid-January for the Senate to begin to process this proposal — even working on an expedited timetable. 

However, even if things go swimmingly, there is no guarantee the Senate can move quickly. Sixty votes are necessary to extinguish filibusters to both start debate and close debate on the bill. So bet on the Senate spending at least a week-and-a-half on this measure — even on a fast track.

However, what we neglected in this narrative is the realpolitik of January and February on Capitol Hill.

The first two months of the year might qualify as a parliamentary Superfund site. 

For starters, the government could run out of money on Jan. 19. Even if lawmakers limp along past that deadline and avoid a government shutdown, they will get a second crack at it on Feb. 2.

Yes. Groundhog Day. 

You cannot make this stuff up. 

No Punxsutawney Phil, here. 

We’ll see if "Louisiana Mike" and "Brooklyn Chuck" can pull a marmot out of their hat to avert a shutdown. Otherwise, look for clues. If they see their shadows, the government may operate for six weeks on a Continuing Resolution. If they don’t see their shadows, the stopgap bill may only last for four. 

You think this is daft? Considering the perils of Congressional prognostication, you could do worse than relying on a soothsaying rodent from central Pennsylvania. 

The potential of a government shutdown will consume everything on Capitol Hill. 

Of course, some longtime Capitol Hill observers might suggest that they Velcro the border security/supplemental aid package onto one of the spending bills. House Speaker Mike Johnson, R-La., argued against that. But you never know, when you consider how few legislative trains might depart from the Congressional station early next year. 

The House will also delve into a potential impeachment of the president. That will demand significant oxygen on Capitol Hill. The House will likely hold a vote to hold Hunter Biden in contempt of Congress for failing to appear for a deposition before the Oversight Committee. Lawmakers still haven’t sorted out a potential plan to reform the foreign surveillance program commonly known as FISA. 

Any and all of this could sidetrack efforts to finish the border/supplemental package. 

And that’s if there’s ever a deal.

So, don’t bank on a vote right away in January. In fact, a Senate vote could come in late January or beyond. 

Then, on to the House. 

And that is a complete wild card.

Fox is told that Johnson understands that Israel and Ukraine need aid and can’t wait too long for that to materialize. But advancing any sort of immigration package through the House which deviates from the strict border security plan Republicans approved in the spring (known as "HR 2") is going to be a monster. Johnson still has goodwill among House Republicans. But he doesn’t have much political capital. That account will dwindle even further — hinging on what Johnson decides to do about government funding. Remember that it’s far from clear what if anything the House can do to actually fund the government. So political problems for Johnson could impede passage of any border security/supplemental plan.

That’s to say nothing of problems on the Democratic side of the aisle.

As much as there are many Republicans who won’t vote for any immigration plan, there are likely just as many Democrats who will oppose what’s framed as "border security." Liberals will watch to see what changes are made to parole and asylum. Potential migration limits could be problematic. And then there are enforcement questions. 

Now you see how this could easily slip into February. And frankly, it may go deeper into the new year if a government shutdown or impeachment capsizes the Congress.

So, no one truly thought there was any realistic chance of moving any sort of border security/supplemental spending package in December, despite the rush. 

And it may be rushing things to try to complete this by February or March. 

Jayapal tells fellow Dems not to ‘out-Republican the Republicans’ on immigration amid funding talks

Rep. Pramila Jayapal, D-Wash., on Thursday scolded fellow members of her party for trying to "out-Republican the Republicans" on immigration, as Democrats and the Biden administration tried to find common ground on border security measures as part of an emergency supplemental funding deal.

A number of Democrats have expressed concern over a CBS News report which said the White House was open to a number of policy proposals on the border to get its supplemental funding request for the border, Ukraine and Israel passed. Those included a Title 42-style authority allowing for rapid expulsions at the border, increased detention and nationwide expedited removal.

Republicans – who had demanded stricter border security measures to combat the ongoing migrant crisis – have said there have been positive signs from the talks and suggested a deal could be within reach. But left-wing Democrats and immigration activists have accused the White House of "selling out" migrants and asylum seekers.

CONSERVATIVE GROUPS, EX-BORDER OFFICIALS DEMAND LAWMAKERS REJECT ‘UNACCEPTABLE’ BORDER COMPROMISE

Jayapal, the chair of the House Progressive Caucus, responded on X, formerly Twitter, to a tweet by Washington Post columnist Greg Sargent, who said sarcastically that Republicans had promised not to attack President Biden over the border as part of the deal.

"Exactly the problem that I have watched for decades," Jayapal said. "Dems try to out-Republican the Republicans on anti-immigration policies, mistakenly thinking that GOP will thank us for ‘fixing the border.’ NEWSFLASH: This is same party that just voted for [Biden’s] impeachment inquiry."

She went on to claim that Republicans have no interest in fixing the immigration system.

REPUBLICANS SEE PROGRESS IN BORDER TALKS, BUT UNCLEAR IF DEAL WITHIN REACH AS CRISIS RAGES

"It has been too politically valuable to have immigrants to blame for everything. Giving in to this hostage taking just encourages them to do more of it and not stop till they have destroyed immigration as we know it," she said.

DEMOCRATS FUME OVER REPORTED BIDEN OFFER TO REINSTATE TITLE 42-TYPE MIGRANT EXPULSIONS

She then said Republicans are hoping to break apart the coalition that elected Biden in 2020, warning that swing voters will "swing right out to the couch" if they feel betrayed. She also said the proposals would only make things worse at the border.

"We'll go into 2024 with continued xenophobic Trumpian attacks, a completely demoralized base that won't vote over betrayals, & a decimated asylum system that cuts against our core," she said.

"We'll never out-Republican the Republicans – nor should we want to. All we'll do is create more chaos in an already-broken immigration system, deny people seeking to escape horrific conditions the right to seek asylum & lose voters who trusted us to stand up for them. Enough," she said.

She then renewed Democrat calls to abolish the Senate filibuster, expand "legal pathways" and pass "real comprehensive immigration reform."

The posts came as the clock ticks down on a potential deal, with lawmakers expected to depart Washington on Thursday. Meanwhile, a number of conservatives have also expressed concern about the deal, demanding that the entirety of the House GOP border legislation passed earlier this year be included.

On Friday, other lawmakers also expressed concern about getting a deal done before lawmakers break for the holidays.

"The small group negotiating a ‘deal’ in secret may reach agreement among themselves, but then we will need time to review it and determine whether it will actually solve the problem and has any chance of passing in the House," Sen. Marco Rubio, R-Fla., said on X.

Marjorie Taylor Greene reintroduces impeachment push against Mayorkas: ‘Lost the trust’ of Americans

Rep Marjorie Taylor Greene, R- Georgia, reintroduced articles of impeachment against Homeland Security Secretary Alejandro Mayorkas on Wednesday, after her previous impeachment effort against him failed earlier this month. 

During her remarks on the House floor, Greene said the secretary has "failed to maintain operational control of the border," citing high levels of illegal immigration, including migrants with possible terrorist ties, and violence and drug smuggling, which she called a "direct national security threat."

"Mayorkas has made it easier for illegal aliens and drugs to enter the United States, endangering American citizens and has made it harder for CBP (U.S. Customs and Border Protection) to expel such threats," Greene said. 

DEMOCRATS BLOCK EFFORT TO IMPEACH DHS SECRETARY MAYORKAS WITH REPUBLICAN SUPPORT

She added that Mayorkas' actions are incomparable with his duties and that he has "lost the trust" of Americans. 

A Homeland Security statement to Fox News Digital called Greene's impeachment effort a "baseless attack" that is "completely without merit and a harmful distraction from our critical national security priorities." 

"Every day, the men and women of the Department of Homeland Security work tirelessly to keep America safe," the statement said. "They need Congress to stop wasting time and do its job by reforming our broken immigration system, reauthorizing vital tools for DHS, and passing the Administration’s supplemental request to properly resource the Department’s critical work to stop fentanyl and further secure our borders."

"Secretary Mayorkas continues to be laser-focused on the safety and security of our nation," the statement continued.

GOP REP. TORCHES REPORTER CLAIMING AMERICANS SEE NO EVIDENCE FOR BIDEN IMPEACHMENT: ‘YOU DON’T REPORT ON IT'

Mayorkas has been sharply criticized by Republicans over his handling of the southern border amid record numbers of migrants and illegal activity at the border, in addition to attacks on border agents. 

Greene has been calling for his removal and accused him with "high crimes and misdemeanors" in her latest effort. Her last attempt was thwarted by members of her own party. Eight Republicans joined Democrats in the 209-201 House vote. 

The eight who voted against were Reps. Ken Buck, R-Colo., Darrell Issa, R-Calif., Tom McClintock, R-Calif., Patrick McHenry, R-N.C., John Duarte, R-Calif., Virginia Foxx, R-N.C., Cliff Bentz, R-Ore., and Mike Turner, R-Ohio. 

Additionally, 11 Democrats and 12 Republicans did not vote on the measure.

Greene addressed the failed effort Wednesday on X, formally known as Twitter. 

"While some members, like Tom McClintock, want to bloviate endlessly while imagining themselves wearing a powdered wig, the American people want action," she wrote. "These members whine about ‘due process’ while protecting Mayorkas from facing accountability for his violation of our border security laws."

"Impeachment IS due process. It would put Mayorkas in front of the Senate to face trial," she added. "We’ve seen the evidence of him breaking the law. It’s time for the Senate to try him for it."

Mayorkas impeachment flop marks latest blow to GOP efforts to tackle border crisis

A defeat for House Republicans in their efforts to impeach Homeland Security Secretary Alejandro Mayorkas Monday marks the latest blow to Republicans in Congress as they seek to move forward with solutions to the ongoing crisis at the southern border.

Eight Republicans joined with House Democrats in voting to table a motion that would have impeached Secretary Mayorkas, a move that Republicans have been teasing since they took the House in early 2023.

While it does not necessarily mark the end of impeachment efforts against Mayorkas — an investigation is still ongoing into his conduct in the House Homeland Security Committee — it is a significant defeat for Republicans in the House.

DEMOCRATS BLOCK EFFORT TO IMPEACH DHS SECRETARY MAYORKAS WITH REPUBLICAN SUPPORT 

The Department of Homeland Security responded by urging Republicans to stop "wasting time and to do its job by funding the government, reforming our broken immigration system, reauthorizing vital tools for DHS and passing the administration’s supplemental request to properly resource the department’s critical work to stop fentanyl and further secure our borders.

"Secretary Mayorkas continues to be laser-focused on the safety and security of our nation. This baseless attack is completely without merit and a harmful distraction from our critical national security priorities," the statement added.

The defeat comes after Republicans upset conservatives and border hawks earlier this year when they tried and failed to attach H.R. 2 — the House Republicans’ signature border security and asylum overhaul legislation — to a continuing resolution to keep the federal government open. 

Instead, the House ended up passing a "clean" continuing resolution, which in turn led to the ouster of Speaker Kevin McCarthy. On Tuesday evening, the House passed another continuing resolution to avoid a pre-holiday season shutdown. That too did not contain policy riders, including those related to border security.

In the upper chamber, Senate Republicans last week introduced a series of border security proposals to be included as part of negotiations over the White House’s supplemental aid request. That package is expected to contain funding for Israel, Ukraine and the border. 

WHITE HOUSE, SENATE DEMS REJECT GOP BORDER SECURITY PROPOSALS: ‘TOTAL NON-STARTER’ 

However, the initial Republican proposals were immediately rejected by Senate Democrats as a "non-starter," while the White House also dismissed the proposals. Immigration hawks, meanwhile, were critical that the proposals missed out on some parts of H.R. 2.

"If Republicans want to have a serious conversation about reforms that will improve our immigration system, we are open to a discussion. We disagree with many of the policies contained in the new Senate Republican border proposal," a White House spokesperson said.

However, negotiations are still ongoing as a bipartisan Senate group discusses potential provisions that could be included in a supplemental aid package with support for Ukraine. But it remains to be seen what such a package will look like. Legislation would need to pass both the GOP-controlled House and prevent a Senate filibuster in the Democrat-controlled chamber.

In the House, some conservative Republicans have been sounding the alarm and criticizing their own caucus’ work so far, including the failure to pass border security legislation. 

"We promised the American people we would stand athwart this administration, cut spending, secure the border. We've delivered on none of that so far," Rep. Chip Roy, R-Texas, told "Cavuto: Coast to Coast" Tuesday.

Roy also warned that, in terms of upcoming negotiations, he would not be receptive if lawmakers "try and sell me something and call it border security if it's not."

"Don't come to me with some nonsense with Ukraine and border security that doesn't actually secure the border, or we're going to have to call BS on that," he said.

Immigration hawks have also told Republicans they should keep the border at the top of their priority list.

"The border crisis is only getting worse, and Republicans' resolve to fix it cannot fade as budget negotiations continue," Lora Ries, director of the Heritage Foundation’s Border Security and Immigration Center, told Fox News Digital. 

"In the matter of just a few days, the House has let Mayorkas skate on impeachment while the Senate works on a proposal to undermine H.R. 2, which is the only serious solution to the crisis we face. A border disaster of this magnitude must not fall to the back burner in favor of politics and wrong priorities."

The border crisis continues. Numbers published by Customs and Border Protection (CBP) Tuesday show there were more than 249,000 migrant encounters in October, down only slightly from the monthly record set in September, when there were more than 269,000 encounters.

Republicans have continued to blame the policies of the Biden administration for the crisis, while the administration has called for more funding and policy changes to fix what it says is a "broken" system.

Fox News' Brandon Gillespie contributed to this report.

Migrant crisis could cost taxpayers hundreds of billions of dollars a year: GOP report

A new House Homeland Security Committee report has found that the ongoing migrant crisis at the southern border could cos taxpayers hundreds of billions of dollars each year, as Republicans blame what they say are "open borders" policies from the Biden administration.

The report is the committee’s fourth interim report on DHS Secretary Alejandro Mayorkas’ handling of the border crisis, which saw more than 2.4 million migrant encounters at the southern border in FY 23. The report focuses on the financial costs of the crisis, which it attributes to the Biden administration’s policies.

"Only a small fraction [of the costs] is ever recouped from the taxes paid by illegal aliens, with the rest falling on the shoulders of American citizens and lawful residents," the report says. "Mass illegal immigration, accelerated by Mayorkas’ open-borders policies, now represents a massive cost to the federal government and state governments alike, as well as the pocketbooks of private citizens and businesses.

MIGRANT ENCOUNTERS AT SOUTHERN BORDER SET NEW RECORD FOR OCTOBER: DATA

It cites studies by the hawkish Center for Immigration Studies, which found that the annual cost to care for and house illegal immigrants could reach up to $451 billion. It separately cites estimates from the Federation for American Immigration Reform, which advocates for lower immigration levels, that the annual net burden as of 2022 is more than $150 billion.

It also points to the costs of housing and sheltering — particularly in the enormous costs seen in cities like New York City where tens of thousands of migrants have traveled after being released into the U.S., and the costs to ranchers and local businesses near the border. New York City Mayor Eric Adams earlier this year estimated the city's crisis alone could cost $12 billion by 2025. 

"It is morally unacceptable that American taxpayer dollars should be funneled to those who violate our laws and demand expansive, taxpayer-funded benefits like education, health care, housing, and more. Many of these individuals will likely represent a drain on American society for the remainder of their days in the United States, constantly absorbing more benefits from the state than they ever contribute — to say nothing of the fact that they have no lawful basis to remain in the country to begin with," the report says.

"Mayorkas’ policies have enabled this mass waste and abuse of taxpayer resources. His policies and actions have encouraged millions of people to cross our borders illegally. His department has released millions of illegal aliens into the United States rather than detaining or removing them, as required by law. And there is no end in sight," it says.

The report drew criticism from DHS, which accused Republicans of wasting time on attacking Mayorkas.

STATE AGS URGE SPEAKER JOHNSON TO EXPEDITE BILL GIVING STATES POWER TO TACKLE ILLEGAL IMMIGRATION 

"While the House Majority has wasted months trying to score points with baseless attacks, Secretary Mayorkas has been doing his job and working to keep Americans safe," a DHS spokesperson said. "Under his leadership, the Department of Homeland Security is stopping unprecedented amounts of fentanyl from entering the country, countering threats from the Chinese government, helping communities recover from natural disasters, and working to protect our nation from cyberattacks, terrorism, and targeted violence." 

"Instead of continuing their reckless impeachment charades and attacks on law enforcement, Congress should work with us to keep our country safe, build on the progress DHS is making, and deliver desperately needed reforms for our broken immigration system that only legislation can fix," they said.

DHS has also previously highlighted its efforts to support states and communities hit by the migrant crisis, including $770 million to 69 organizations in the last fiscal year to support those receiving migrants, as well as moves including speeding up work permit applications and teams of experts to provide services in cities like New York and Boston.

Democrats on the committee were similarly critical of the report. Ranking Member Bennie Thompson said it is a "bald-faced lie that immigrants are a financial burden on our country — a claim that has been consistently debunked by immigration experts on both the right and left for decades."

"This report, full of racist rhetoric for the extreme MAGA base of the Republican Party, is just the latest attempt to get support for Republicans’ completely baseless attempt to impeach Secretary Mayorkas. Instead of politically motivated attacks on the Secretary, Republicans should support Democrats’ efforts to provide border personnel the resources they need," he said.

The White House has requested $14 billion for border operations, which includes grants to local governments, and more immigration officers to speed up work documents for migrants. The Biden administration has also called for a comprehensive immigration reform bill to be passed in Congress — but Republicans have rejected it due to the inclusion of a pathway to citizenship for millions of illegal immigrants.

Republicans, meanwhile, have passed their own immigration and border security legislation — which includes border wall construction and limits on parole and asylum — but that has so far been rejected by Democrats.

These 8 Republicans voted against Rep Greene’s Mayorkas impeachment push: ‘Not a high crime or misdemeanor’

House Democrats, with the help of a eight Republicans, voted down an effort led by GOP Rep. Marjorie Taylor Greene in the House of Representatives to impeach Homeland Security Secretary Alejandro Mayorkas in a straight up or down vote.

The eight Republicans who joined Democrats in the 209-201 vote killing the effort included Reps. Ken Buck, R-Colo., Darrell Issa, R-Calif., Tom McClintock, R-Calif., Patrick McHenry, R-N.C., John Duarte, R-Calif., Virginia Foxx, R-N.C., Cliff Bentz, R-Ore., and Mike Turner, R-Ohio. 

Additionally, 11 Democrats and 12 Republicans did not vote on the measure.

Greene voiced her displeasure in a video posted on X, saying that the eight Republicans voted to "protect" Mayorkas from impeachment, which she called, "unbelievable."

HOUSE HOMELAND SECURITY GOP REPORT ACCUSES MAYORKAS OF CEDING BORDER CONTROL TO CARTELS

"We had eight Republicans vote with the Democrats to send my articles of impeachment back to committee where articles of impeachment go to die," Greene said. 

Rep. McClintock's office directed Fox News Digital to a press release explaining that the "grounds for impeachment are explicitly laid out in the Constitution" and that the allegations against Mayorkas do not meet the threshold even though Mayorkas is "the worst cabinet secretary in American history."

"Yes, Alejandro Mayorkas must be held accountable for his egregious failures – there’s no doubt about that. By giving the Judiciary Committee, under the leadership of Chairman Jordan, the opportunity to conduct a full-scale impeachment inquiry the right way, House Republicans are fulfilling the commitments we made to the American people and rising to a level that Democrats could never do," Rep. Foxx said in a press release after her vote.

"Secretary Mayorkas has not committed an impeachable offense," Rep. Buck told CNN on Monday night. "I disagree strongly with how he’s handling the border, I think the border is porous, I think it’s a threat to this country, but it’s not a high crime or misdemeanor, it’s not treason, it’s not bribery, it’s not the crimes or issues our founders set forth in the Constitution." 

In a statement to Fox News Digital, Rep. Turner denied that Republicans voted to "kill" an impeachment and that the motion was referred to the Committee on Homeland Security for proper fact finding.

"No one voted to kill an impeachment inquiry – there is currently an ongoing investigation into Secretary Mayorkas in the House of Representatives. Congresswoman Marjorie Taylor Greene’s resolution was referred to the ongoing Homeland Security Committee’s investigation under Chairman Mark Green," Turner said. "When his investigation is complete, he can at any time refer fully documented Articles of Impeachment to the House, which will pass overwhelmingly."

Rep. Issa released a statement saying that Mayorkas "deserves to face an impeachment trial" and posted on social media that he "can't wait to testify."

"We didn’t kill a Mayorkas impeachment," Issa told Fox News Digital. "We voted to start impeachment hearings the entire country will watch. If we impeach Mayorkas today, Senate Democrats will feel free to reject it today. We want hearings where Democrats are forced go on the record and finally have to defend Biden’s historic border disaster. That’s the last thing they want."

Greene introduced the resolution to impeach Mayorkas on Thursday, which would have forced a vote on impeachment without a hearing or a committee markup. If voted on and passed, it would have sent his impeachment straight to the Senate for trial.

JOSH HAWLEY CALLS OUT MAYORKAS FOR HAVING 'NO ANSWERS' ON DHS EMPLOYEE PRAISING HAMAS: 'TOTALLY INEXCUSABLE'

The Department of Homeland Security responded to the vote with a statement accusing Congress of "wasting time," and calling on it to "do its job by funding the government, reforming our broken immigration system, reauthorizing vital tools for DHS, and passing the Administration’s supplemental request to properly resource the Department’s critical work to stop fentanyl and further secure our borders."

Mayorkas has faced intense scrutiny from Republicans over his record, which includes presiding over record levels of illegal immigration that includes more than 600,000 "gotaways" at the southern border in fiscal year 2023 and over 900,000 illegal immigrants released into the interior of the United States by the Border Patrol in FY 2023.

"The fact is he's just not living up to his oath," GOP Rep. Anthony D’Esposito told Fox News Digital in June. "Not only is he failing the administration, he is failing the American people. And that's my biggest concern." 

Fox News Digital’s Brandon Gillespie and Chad Pergram contributed to this report