Biden torched by Republicans for tougher immigration rule ahead of November election

Republicans slammed President Biden for a newly proposed Department of Homeland Security rule that they claim is just an election-year move to help him in a close match with former President Trump. 

"Biden is announcing these new rules on criminal migrants because they have released migrants with links to terrorism into America and are now scrambling to cover themselves in case we have an attack before the election," said Sen. Marco Rubio, R-Fla., on X, formerly Twitter.

DHS announced the proposed rule change, which would move up "statutory bars to asylum" in the evaluation process, last week. 

DEMS PLAN TO REVIVE BORDER BILL REJECTED BY REPUBLICANS AHEAD OF NOVEMBER ELECTION

A DHS official told Fox News Digital that the proposed rule would not change any eligibility standards but would only move the assessment of security threats up in the process. 

"This rule would enable DHS to more quickly remove those who are subject to the bars and pose a risk to our national security or public safety," read a press release from the department. 

"During his first 100 days, President Biden took 94 executive actions to OPEN the border," wrote Sen. Shelley Moore Capito, R-W.Va., on X. "Now, just months before an election, he finally took an obvious step that should have been taken years ago."

She called the move "small and necessary," but claimed, "It does nothing to address the larger border crisis he created."

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This sentiment was echoed by Sen. James Lankford, R-Okla., who said on X: "Less than 6 months before an election, he is attempting 1 small change the narrative on our chaotic border – they already have the authority to do so much more, but they won’t." 

The White House did not provide comment to Fox News Digital over the criticism. 

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While Republicans were suspicious of the Biden administration's motivations for the change, not every Democrat was happy with it either. 

An advocate for the rights of asylum-seekers, Sen. Alex Padilla, D-Calif., said on X: "I’m closely reviewing the Administration’s proposed rule. Concerned that moving the asylum bars to the initial credible fear interview stage risks returning legitimate asylum seekers to danger."

"To improve the asylum system we must fully fund it and provide access to counsel," he added. 

"The proposed rule we have published today is yet another step in our ongoing efforts to ensure the safety of the American public by more quickly identifying and removing those individuals who present a security risk and have no legal basis to remain here," Homeland Security Secretary Alejandro Mayorkas said in a statement regarding the rule. "We will continue to take action, but fundamentally it is only Congress that can fix what everyone agrees is a broken immigration system."

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Mayorkas recently made history by becoming only the second Cabinet official to be impeached, with the House passing two articles against him. The previous Cabinet-level impeachment occurred more than 100 years prior. However, the secretary was not removed from office as Senate Democrats were able to swiftly dismiss the articles upon delivery. 

The proposal comes just months ahead of the presidential election in November, which is shaping up to be a close rematch between Biden and Trump. 

Senate Majority Leader Chuck Schumer, D-N.Y., is also seeking to shift attention back to the border in the legislature, where he is strongly considering reviving a border bill that nearly all Republicans opposed, per a source familiar. 

Several incumbent Democratic senators face significant challenges in the upcoming elections, where the party will fight to hold onto its Senate majority. 

House Dems seeking re-election seemingly reverse course, call on Biden to ‘bring order to the southern border’

Five vulnerable Democrats who voted against measures to strengthen border security in the past have seemingly changed their tune as they seek re-election to their posts in the lower chamber.

Following President Biden's signing of a $95 billion package with aid to both Ukraine and Israel last week, five Democrats – Reps. Jared Golden of Maine, Marie Gluesenkamp Perez of Washington, Mary Peltola of Alaska, Vicente Gonzalez of Texas and Don Davis of North Carolina – released a joint statement agreeing with calls for Congress and the president to "act and bring order to the southern border."

"Beyond defending our allies, we strongly agree with the National Border Patrol Council that Congress and the President must act and bring order to the Southern border," the lawmakers stated. "That is why we also voted for H.R. 3602 on Saturday, and why we all voted last month for $19.6 billion for Border Patrol so that it could ramp up its efforts to secure the border."

The comments from the five Democrats – three of whom (Golden, GluesenKamp, and Davis) are engaged in tough re-election battles that have been labeled "toss up" races by the Cook Political Report, and another two (Peltola and Gonzalez) competing in races labeled "lean Democrat" – came after each one of them voted against the Secure the Border Act of 2023.

VULNERABLE HOUSE DEMS DO A U-TURN ON ILLEGAL IMMIGRATION AFTER CALLING CRISIS 'NON-EXISTENT THREAT'

That bill, which passed in the House, would have expanded the type of crimes that make someone ineligible for asylum, limited the eligibility to those who arrive at ports of entry, mandated a system similar to the E-Verify employment eligibility verification system, and created additional penalties for visa overstay.

In addition to not supporting the Secure the Border Act, the same five Democrats voted on two different occasions against GOP-led efforts to impeach Homeland Security Secretary Alejandro Mayorkas, whom many Republicans have argued is largely responsible for the migrant crisis at the southern border.

Certain Democrats, like Gluesenkamp Perez, who was first elected to Congress in 2022 and co-chairs the Blue Dog Coalition with Golden and Peltola, have made dismissive comments about the border crisis in recent years.

The Washington lawmaker previously faced criticism from Republicans over border-related comments she made in March 2023 during an appearance on Pod Save America, which came prior to the ending of the Title 42 public health order.

"Listen, nobody stays awake at night worrying about the southern border," she said at the time. "That's just not… people stay awake at night worrying that their kid is gonna relapse or that, you know, someone's going to drop out of school or they're going to lose their house."

Gluesenkamp Perez was also one of many Democrats who defended Mayorkas amid calls for his impeachment earlier this year, saying it was "frustrating to see" Republicans push for his ouster because "he doesn't set policy, he implements it."

Despite her past remarks, Gluesenkamp Perez has been critical of Biden's handling of the border crisis in recent months, saying in April that she voted in support of H.R. 3602, which provides for criminal penalties for certain conduct that interferes with U.S. border control measures, because "President Biden has failed to end the crisis at our Southern Border."

"Every country has an obligation to protect its citizens and secure its sovereign borders, and H.R. 3602 focuses on the urgent need to restore operational control of the Southern Border. Unlike the unworkable and un-American immigration proposals pushed by far-right extremists, this bipartisan bill doesn’t create burdensome government mandates that would harm small businesses, agricultural employers, rural communities, and our economy," she said at the time.

In a statement to Fox News Digital, a member of the congresswoman's press team insisted that she has "called on the [Biden] Administration her entire time in office to fix the crisis at our Southern Border, and for Congress to do its job to pass meaningful border security legislation."

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The spokesperson also touted the Washington lawmaker's introduction of the "Defending Borders, Defending Democracies Act to restore operational control at the Southern Border by restoring expulsion authority for Border Patrol and requiring the President to reinstate Remain in Mexico," as well as her support for the End Fentanyl Act.

"Marie continues to urge Congress to get back to work to address the real crisis at our border and end the petty gamesmanship," the spokesperson said.

Gonzalez is another Democrat who made dismissive remarks prior to the expiration of Title 42, which provided the ability for American officials to bar migrants from entering the country during a health crisis such as the COVID-19 pandemic.

During a July 2023 stop in Edinburgh, Texas, Gonzalez reportedly shot down questions and concern over whether Biden was doing enough to secure the southern border amid an overwhelming influx of illegal immigrants.

"We have seen major improvements along the border.… If you go to the border now, in our region, it’s pretty unremarkable what you see," Gonzalez said, according to the Rio Grande Guardian. "When they lifted Title 42 and implemented Title 7, which I advocated against… I’ll be the first to admit that I was wrong. What the president did, what Secretary Mayorkas has done, has positively impacted our border and that’s a fact."

"People could point fingers and say things, but the reality is, undocumented crossings are down by 70%," he added at the time.

A little more than a week after Gonzalez gave those remarks, the Texas Tribune reported that Border Patrol agents "made more than 130,000 arrests along the Mexico border [in July 2023], preliminary figures show, up from 99,545 in June."

Gonzalez is one of 154 Democrats who voted this January against the Agent Raul Gonzalez Officer Safety Act, which would have created hefty federal penalties for illegal migrants who evade U.S. Customs and Border Protection (CBP) officers during motor vehicle pursuits. The measure was named after a Border Patrol officer who died in a vehicle crash in Texas last year during a pursuit.

Along with Golden and Gluesenkamp Perez, Gonzalez was one of 201 Democrats who voted in July 2023 against the Schools Not Shelters Act, which would have prohibited "the use of the facilities of a public elementary school, a public secondary school, or an institution of higher education to provide shelter for aliens who have not been admitted into the United States, and for other purposes."

Peltola joined 218 Republicans in voting in favor of that measure at the time, while Davis did not vote.

"I remain dedicated to addressing the border crisis. However, we must not inflict harm on American agriculture in the process," Davis said in a statement to Fox. "Initially, I had concerns about the e-verify provision in HR-2, but it was removed, allowing me to fully lend my support, along with just four other Democrats, to H.R. 3602, the Bipartisan End the Border Catastrophe Act."

Asked whether he believes Biden is responsible for the border crisis, Davis said his "votes speak for themselves."

CBP records show the first six months of fiscal year 2024 had 1,340,801 total encounters, exceeding the first six months of fiscal year 2023, which set a record of 1,226,254 total encounters.

DHS docs reveal where paroled migrants under controversial Biden flight program are landing

EXCLUSIVE: Department of Homeland Security (DHS) data is revealing the more than 45 cities in the U.S. that hundreds of thousands of migrants have flown into via a controversial parole program for four nationalities — with the vast majority entering the U.S. via airports in Florida.

During an eight-month period from January through August 2023, roughly 200,000 migrants flew into the U.S. via the program. Of those, 80% of them, (161,562) arrived in the state of Florida in four cities: Miami, Ft. Lauderdale, Orlando and Tampa Bay, according to DHS data obtained via a subpoena by the House Homeland Security Committee and provided to Fox News.

The policy was first announced for Venezuelans in October 2022, which allowed a limited number to fly or travel directly into the U.S. as long as they had not entered illegally, had a sponsor in the U.S. already, and passed certain biometric and biographical vetting. The program does not itself facilitate flights, and migrants are responsible for their own travel.

‘ILLEGAL PROGRAM': GOVERNOR VOWS TO FIGHT BIDEN FLYING MIGRANTS INTO US

In January 2023, the administration announced that the program was expanding to include Haitians, Nicaraguans and Cubans and that the program would allow up to 30,000 people per month into the U.S. It allows for migrants to receive work permits and a two-year authorization to live in the U.S. and was announced alongside an expansion of Title 42 expulsions to include those nationalities. By the end of February 2024, more than 400,000 nationals have arrived under the parole program, according to Customs and Border Protection (CBP) data.

DHS Secretary Alejandro Mayorkas recently said the program is a "safe and orderly way to reach the United States" and has "led to a reduction in numbers of those nationalities."

"It is a key element of our efforts to address the unprecedented level of migration throughout our hemisphere, and other countries around the world see it as a model to tackle the challenge of increased irregular migration that they too are experiencing," Mayorkas said.

CLICK HERE FOR MORE IMMIGRATION COVERAGE

The top 15 cities migrants flew into during the eight-month window are:

1) Miami, Florida: 91,821

2) Ft. Lauderdale, Florida: 60,461

3) New York City, New York: 14,827

4) Houston, Texas: 7,923

5) Orlando, Florida: 6,043

6) Los Angeles, California: 3,271

7) Tampa, Florida: 3,237

8) Dallas, Texas: 2,256

9) San Francisco, California: 2,052

10) Atlanta, Georgia: 1,796

11) Newark, New Jersey: 1,498

12) Washington, D.C.: 1,472

13) Chicago, Illinois: 496

14) Las Vegas, Nevada: 483

15) Austin, Texas: 171

DHS also revealed in the subpoena response that as of October 2023, there were about 1.6 million applicants waiting for DHS approval to fly to the U.S. via the parole program.

DHS said in its subpoena response, "All individuals paroled into the United States are, by definition, inadmissible, including those paroled under the CHNV processes."

Homeland Security Committee Chair Mark Green, argues that the program exceeds parole powers put in place by Congress. The authority is to be used on a "case-by-case basis for urgent humanitarian reasons or significant public benefit."

MAYORKAS CALLS POLICY TO LET 30K MIGRANTS FLY IN EACH MONTH A ‘KEY ELEMENT’ OF BORDER AFTER LEGAL WIN

"These documents expose the egregious lengths Secretary Mayorkas will go to ensure inadmissible aliens reach every corner of the country, from Orlando and Atlanta to Las Vegas and San Francisco," he said in a statement. "Secretary Mayorkas’ CHNV parole program is an unlawful sleight of hand used to hide the worsening border crisis from the American people. Implementing a program that allows otherwise inadmissible aliens to fly directly into the U.S. — not for significant public benefit or urgent humanitarian reasons as the Immigration and Nationality Act mandates — has been proven an impeachable offense." 

He then made reference to the House's efforts to impeach Mayorkas. The chamber impeached him, but the Senate has not held a trial on the articles.

"Following our subpoena and the House’s impeachment vote — especially in light of the Senate's complete failure to fulfill its duty to hold a trial — the Committee will not rest until this administration is finally held accountable for its open-borders agenda and its devastating impact on our homeland security," he said.

Green's arguments against the program have been echoed in a lawsuit by multiple states, who have sued to block the program. The 20 states argued that it "amounts to the creation of a new visa program that allows hundreds of thousands of aliens to enter the United States who otherwise have no basis for doing so."

The lawsuit was struck down by a district judge, but states have appealed. Florida Gov. Ron DeSantis’ administration has repeatedly said it is confident the lawsuit will ultimately be successful.

"Biden's parole program is unlawful, and constitutes an abuse of constitutional authority. Florida is currently suing Biden to shut it down, and we believe that we will prevail," press secretary Jeremy Redfern told Fox News. 

DHS has said that those who enter the U.S. under the program undergo and clear a "robust security vetting" as well as other eligibility criteria. 

"These processes are publicly available online, and DHS has been providing regular updates on their use to the public. These processes are part of the administration’s strategy to combine expanded lawful pathways with stronger consequences to reduce irregular migration, and have kept hundreds of thousands of people from migrating irregularly," a spokesperson told Fox News Digital this month.

Vulnerable Dem who demanded ‘fair’ Trump Senate trial changes tune on Mayorkas impeachment

Longtime Democratic Pennsylvania Sen. Bob Casey voted to kill the impeachment trial of Homeland Security Secretary Alejandro Mayorkas last week, but has a long track record of supporting impeachment proceedings when former President Trump was in the hot seat with Democrats. 

The Senate voted against two articles of impeachment Mayorkas faced last week, including one that charged Mayorkas with "willful and systemic refusal to comply" regarding immigration law, and a second article that charged him with a "breach of trust" after saying the border was secure. The Senate voted 51-48 and 51-49 against the articles. 

The votes were largely along party lines, with Sen. Lisa Murkowski of Alaska serving as the only Republican who voted "present" when asked about dismissing the first article, and voted against dismissing the second article. 

Republicans were pushing for a trial of Mayorkas for "willfully" refusing to enforce immigration laws, while millions of illegal immigrants have poured across the border into the U.S. since he was sworn in as the Biden administration’s secretary of Homeland Security in 2021. 

GOP PREPS ATTACKS ON VULNERABLE DEM SENATORS OVER MAYORKAS IMPEACHMENT TRIAL DISMISSAL

Casey was among the Democrats who voted to kill the impeachment trial of Mayorkas, but had largely been tight-lipped ahead of the vote. Fox News Digital reported last week ahead of the Senate vote that Casey had not yet revealed his plans, while Politico reported on April 10 that Casey "did not directly answer a question on whether or not he’d support a motion to dismiss the trial."

He did tell the outlet at the time that "the Senate should be spending time passing the bipartisan border deal" and that he has "no doubt at all" that Republicans would use the impeachment trial against him and other vulnerable Senate Democrats ahead of the election. 

Senate Democrats quashing impeachment proceedings against Mayorkas was historically significant, as he is still serving in his role in public office. It marks a first for an impeachment trial to be dismissed, tabled or effectively tossed without the accused official first exiting their role, Fox Digital previously reported. 

"The Senate has no constitutional authority to rule that the articles approved by the House do not state impeachable offenses," Andrew McCarthy, a former chief assistant United States attorney in the Southern District of New York and a senior fellow at the National Review Institute, said last week. 

McCarthy added that the House has the sole power to determine impeachable offenses, and the Senate deeming the articles of impeachment unconstitutional and killing the potential trial, "essentially nullifies the House’s important role in the impeachment process." 

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The Senate voting against carrying through with the trial of Mayorkas comes after Casey repeatedly publicly supported impeachment proceedings against Trump when he was president.

"There can be no justice without accountability for those involved in the insurrection against the federal government. As a Nation, we cannot advance our shared democratic values without consequences for those who have betrayed those values. Those who stormed the Capitol should face charges. President Trump should be impeached and removed from office because he betrayed his oath to the Constitution and incited a mob to violence," Casey said in 2021, following protesters breaching the U.S. Capitol on Jan. 6 of that year. 

‘CONSTITUTIONAL AUTHORITY’ OF SENATE DEMS QUASHING MAYORKAS IMPEACHMENT TRIAL QUESTIONED BY EXPERTS

In 2020, when Democrats accused Trump of soliciting foreign interference in the 2020 election, Casey said, "Americans deserve a fair trial" when touting articles of impeachment against the 45th president. 

"Soon the Senate will take a critical vote on whether we should hear from relevant witnesses like John Bolton. Americans deserve a fair trial. Anything less is a cover-up," he said on X at the time.

That same month, he also called for "answers, under oath, in full view of the American people," as part of Trump’s first impeachment.

He added in 2019 of the Trump impeachment that failing to pursue proceedings against Trump would be "an insult to our Constitution and to our values."

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"Our Constitution indicates that impeachment is for ‘treason, bribery, or other high Crimes and Misdemeanors.’ A failure by Congress to pursue impeachment in the face of grave offenses by the President is an insult to our Constitution and to our values."

Trump was ultimately impeached twice, an historical first for a president, and acquitted on all counts by the Senate. 

Casey has served in the Senate since 2007, and is anticipated to have one of the most closely watched elections this year as he gears up for a campaign against anticipated Republican challenger Dave McCormick. Pennsylvania holds its primaries Tuesday, which will solidify the expected race between Casey and McCormick

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The Pennsylvania Democrat and fellow vulnerable Senate members have now come under greater focus from the Republican Party following the Mayorkas vote, including the National Republican Senatorial Committee (NRSC) previously telling Fox Digital that their votes against proceeding with the trial will become a focal point of election season. 

"Joe Biden’s wide open border is going to be a top issue for voters headed into November," NRSC spokesperson Maggie Abboud told Fox News Digital in a statement last week. 

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"You can bet we are going to highlight Senate Democrats’ refusal to hold Joe Biden’s DHS Secretary accountable on the campaign trail, in advertising, and in every other way possible," she continued. 

Fox News Digital reached out to the Casey campaign for comment on the Mayorkas vote and his previous remarks on Trump’s impeachment proceedings, and were directed to the Senate office. The Senate office did not immediately respond to the inquiry.  

"Together, Casey, Biden and Mayorkas have enabled drug cartels to flood Pennsylvania communities with deadly drugs like fentanyl," Elizabeth Gregory, a spokesperson for McCormick, said last week.

Immigration has become a top concern for voters ahead of November, alongside other concerns such as inflation, the economy and crime. Nearly 7.3 million migrants entered the U.S. between President Biden taking office and February 2024, a Fox News Digital analysis previously reported. The figure is more than the population of 36 individual states. 

Get the latest updates from the 2024 campaign trail, exclusive interviews and more at our Fox News Digital election hub.

Fox News Digital's Julia Johnson contributed to this report. 

GOP preps attacks on vulnerable Dem senators over Mayorkas impeachment trial dismissal

Republicans are planning to pin Senate Democrats' move to kill the articles of impeachment against Department of Homeland Security Secretary Alejandro Mayorkas on vulnerable incumbents ahead of the November elections. 

After several Democratic senators who face tough re-election battles voted in line with their party on Wednesday in order to deem the House-passed impeachment articles unconstitutional and forego a trial, Republican candidates are already using it to their advantage. 

"Joe Biden’s wide open border is going to be a top issue for voters headed into November," National Republican Senatorial Committee (NRSC) spokesperson Maggie Abboud told Fox News Digital in a statement. 

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"You can bet we are going to highlight Senate Democrats’ refusal to hold Joe Biden’s DHS Secretary accountable on the campaign trail, in advertising, and in every other way possible," she added. 

A spokesperson for One Nation, a group aligned with Senate Republican leadership and Minority Leader Mitch McConnell, R-Ky., also shared that it would be continuing to hit Democrats hard on immigration in the wake of Senate Democrats' votes to block the impeachment trial of Mayorkas from moving forward. 

Republican candidates taking on Democrats in competitive races, such as those in Montana, Nevada, Ohio, Wisconsin and Pennsylvania, were quick to slam their opponents for voting in line with their party and allowing Mayorkas to escape scrutiny. 

"Everyone should be outraged that Jon Tester does more for illegal immigrants in Washington than he does for legal taxpaying American citizens," former Navy SEAL Tim Sheehy, a Republican Senate candidate in Montana, said in a statement. 

‘CONSTITUTIONAL AUTHORITY’ OF SENATE DEMS QUASHING MAYORKAS IMPEACHMENT TRIAL QUESTIONED BY EXPERTS

After voting with his party, Sen. Jon Tester, D-Mont., suggested the impeachment was a partisan game, while also urging both Mayorkas and Biden to use their executive branch authorities to help secure the border and pushing his colleagues in Congress to pass a bipartisan border package. 

His campaign further told Fox News Digital in a statement that while Tester works towards a bipartisan solution on the border, "Tim Sheehy opposes the bipartisan border security bill endorsed by border patrol agents, and repeatedly called to defund the Department of Homeland Security."

Campaigns for Bernie Moreno, the Republican Senate nominee in Ohio, and David McCormick, Sam Brown and Eric Hovde, expected to be the Republican nominees for Senate in Pennsylvania, Nevada and Wisconsin, respectively, each made similar criticisms of vulnerable incumbent Democratic Sens. Sherrod Brown, D-Ohio; Bob Casey, D-Pa.; Jacky Rosen, D-Nev.; and Tammy Baldwin, D-Wis.

"Together, Casey, Biden and Mayorkas have enabled drug cartels to flood Pennsylvania communities with deadly drugs like fentanyl," claimed Elizabeth Gregory, a spokesperson for McCormick. 

As Republicans add the Mayorkas impeachment dismissal to their attacks on Democratic opponents, the incumbent senators are already pushing back. 

In a statement, Baldwin spokesperson Andrew Mamo said, "Tammy is focused on solutions, not political games," reiterating her support for a "bipartisan border compromise."

REPUBLICANS PREDICT DEMS TO PAY 'HEAVY PRICE' IN ELECTION AFTER MAYORKAS IMPEACHMENT BID FAILS

"Senator Rosen is supporting solutions to increase border security and fix our broken immigration system because she is a bipartisan and independent voice for her state," Rosen's campaign said in a statement, criticizing "the extreme MAGA Republicans running against her" as "rubber stamps for Trump."

A Brown campaign spokesperson similarly pointed to the senator's support for the bipartisan package, noting that Moreno vocally opposed it. 

Casey's campaign did not respond to a request for comment.

Democratic Senatorial Campaign Committee spokesperson Tommy Garcia further claimed, "Republican Senate candidates lost their message on the border the minute they opposed the border security bill that members of their own party helped write," referencing a border package that was negotiated by Sens. James Lankford, R-Okla.; Chris Murphy, D-Conn.; and Kyrsten Sinema, I-Ariz., which quickly lost support following former President Donald Trump's public criticism. 

Garcia remarked that "the ads write themselves," following the Republicans' abandonment of the border package. 

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Both Republicans and Democrats appear to be prepping to wield the border issues against one another, but Republican strategist Doug Heye noted that Democrats "are massively on defense on the border."

With this in mind, Heye also said, "Impeachment of the DHS Secretary was largely a niche issue for the Republican base already well-committed in those races."

Uncommitted and swing voters are not likely to have paid attention to it, he said. 

Kyle Kondik, managing editor of Sabato’s Crystal Ball at the University of Virginia Center for Politics, agreed with Heye's assessment, adding, "I don't think the specifics of the Mayorkas impeachment matter much if at all — it just seems like too much of an Inside Washington story to matter."

However, he pointed out "[President] Biden has terrible numbers on immigration." 

"Republicans will of course hammer on the issue, so it is something Democrats need to be prepared to counter," he continued. 

Republican strategist David Kochel called the Mayorkas impeachment a "lose/lose" situation for Democrats. While vulnerable incumbents are expressing their support for the bipartisan border package, he noted it wasn't accomplished, and thus it is more difficult for them to use in their favor. 

"The idea was to kill this thing quickly and hope voters forget about it," he said of the Mayorkas impeachment proceedings. Going through with a full trial likely would have looked worse for Democrats, he added. 

Fox News Digital reached out to DHS for comment.

Get the latest updates from the 2024 campaign trail, exclusive interviews and more at our Fox News Digital election hub.

Vulnerable House Dems do a U-turn on illegal immigration after calling crisis ‘non-existent threat’

A handful of vulnerable House Democrats, all of whom dismissed concern about the southern border crisis and voted against measures to enhance border security in the past, have attempted to show their attention to the issue as they campaign for re-election.

Three Democrats in competitive House races this election cycle — Reps. Yadira Caraveo, D-Colo., Gabe Vasquez, D-N.M., and Eric Sorenson, D-Ill. — have introduced bills, resolutions and amendments over the last year that would do little to limit the flow of migrants entering the country illegally, but they acknowledge the crisis.

Caraveo, who represents Colorado's 8th Congressional District, introduced a package of legislation earlier this year pertaining to some of the immigration struggles facing the United States.

The first-term lawmaker introduced two bills — the HELP for Interior Cities ACT and the ANTI-Drugs Act — in February and insisted both pieces of legislation address "the needs of Colorado communities in the wake of a recent increase in migrant arrivals."

REPUBLICANS PREDICT DEMS TO PAY 'HEAVY PRICE' IN ELECTION AFTER MAYORKAS IMPEACHMENT BID FAILS

"This comprehensive plan would deliver funding to interior cities like Denver that are in need of support, reduce the financial burden placed on local governments, and stem the flow of illegal drugs into the U.S. It would also deliver much-needed funding to law enforcement both at the border and here in Colorado," she said of the measures at the time.

The HELP for Interior Cities ACT does little to address the flow of migrants entering the country and provides additional funding for migrant shelters located in cities not found along the border. The ANTI-Drugs Act, however, would make an already-existing Department of Homeland program titled "Operation Stonegarden" permanent and give law enforcement agencies grants for equipment and "personnel, including overtime and backfill, in support of enhanced border law enforcement activities."

Prior to introducing the measures, Caraveo was one of 211 Democrats who voted against the Secure the Border Act of 2023. That measure, which passed in the House, would have expanded the type of crimes that make someone ineligible for asylum, limited the eligibility to those who arrive at ports of entry, mandated a system similar to the E-Verify employment eligibility verification system and created additional penalties for visa overstay.

Caraveo was also one of 210 House Democrats who voted against a GOP-led effort in the House to impeach Homeland Security Sec. Alejandro Mayorkas.

During her previous tenure in the Colorado state House of Representatives, Caraveo joined other Democrats from across the nation to send a letter urging the Biden administration to relax immigration rules and "divest from immigration enforcement agencies like ICE and CBP."

Another Democrat who has brought attention to the issue in recent months is Vasquez, who represents New Mexico's 2nd Congressional District.

Earlier this month, Vasquez introduced a resolution that "condemns Republican inaction on common-sense solutions to our Nation’s broken immigration system and the challenges our Nation faces at the border."

Like Caraveo, Vasquez voted against the Secure the Border Act of 2023. Last October, however, he introduced a package of immigration bills amid a skyrocketing number of illegal immigrants arriving at the U.S. border. Those measures aimed to increase penalties for smugglers and cartels who engage in violent crimes, provide pathways for certain migrants to lawfully work in the U.S. and fund additional personnel at ports of entry.

ILLEGAL IMMIGRANT ARRESTED IN CRASH THAT KILLED DEMOCRATIC SENATOR'S ADVISER

Prior to joining Congress, Vasquez lashed out at then-President Trump amid immigration woes in 2018 and insisted the idea of "sending the military to quell a non-existent threat" is "beyond stupid."

In a November 2020 post to Twitter, now known as X, Vasquez responded to one social media user who called for the abolition of Immigration and Customs Enforcement (ICE) and Customs and Border Protection by writing, "the only ICE we need to be melting."

Vasquez was also one of many Democrats who applauded President Biden's decision to terminate construction of a border wall along the southern border. In a January 2021 post on social media, he said, "As of today, all construction on this racist, environmentally destructive, massive waste of money comes to a grinding halt. This vanity project was little more than a glorification of xenophobia and an insult to border communities. Lets tear it down."

Like Caraveo and Vasquez, Sorensen, who represents Illinois' 17th Congressional District, voted against the Secure the Border Act of 2023, which would have largely increased the total number of CBP agents.

Sorensen introduced two amendments to the Secure the Border Act — one that would require the hiring, training and assigning of "not fewer than 500 additional CBP officers" at points of entry and another that would have appropriated $25 million to "improve coordination" and "expand" a fentanyl task force.

Both amendments were not considered prior to a vote on the bill in the House, and Sorensen cited a lack of bipartisan cooperation in voting against the legislation.

After introducing the amendments, Sorensen went on to vote "nay" on impeachment efforts against Mayorkas earlier this year.

Sorensen, like most of his colleagues on his side of the aisle, has expressed opposition to the Trump-proposed idea of a southern border wall. In a November 2019 post promoting an Illinois restaurant, he wrote, "We don’t need border walls, we need more pancakes and burritos!"

Last July, Sorensen joined 201 other Democrats, including Vasquez and Caraveo, in voting against a measure that would have prevented the use of facilities of certain schools that receive federal financial assistance to provide shelter or housing to illegal immigrants. Additionally, the trio of Democrat lawmakers rejected a measure that aimed to prohibit the federal government from using certain federally administered lands to provide housing for illegal immigrants.

Caraveo and Vasquez are both seeking re-election to their seats that have been labeled "Democrat Toss Up" by the Cook Political Report, a nonpartisan election analyst. Sorensen's seat has been labeled as "Lean Democrat."

CBP records show the first six months of fiscal year 2024 had 1,340,801 total encounters, exceeding the first six months of fiscal year 2023, which set a record of 1,226,254 total encounters.

Caraveo, Vasquez and Sorenson did not respond to Fox News Digital's requests for comment.

Missouri AG slams Kansas City mayor for welcoming Mayorkas’ illegal immigrant parole program

Missouri Attorney General Andrew Bailey is calling out Kansas City mayor Quinton Lucas after he announced that illegal immigrants would be welcome to come to the city and work under Homeland Security Secretary Alejandro Mayorkas’ illegal immigrant parole program.

Bailey highlighted how the open border policies have real-world consequences in a letter to Mayor Lucas that was shared exclusively with Fox News Digital.

"An illegal alien from Venezula, who had repeatedly flouted U.S. immigration laws, was actually granted a work permit under a misguided and illegal policy enacted by Department of Homeland Security Secretary Alejandro Mayorkas," Bailey stated. "In February, he brutally murdered a young college student named Laken Hope Riley."

Bailey shared that Lucas failed to acknowledge this and openly welcomed all seeking refuge in Kansas City.

LAWMAKERS BERATE MAYORKAS ON LAKEN RILEY MURDER: ‘YOUR POLICIES IN ACTION’

"Yet, against the backdrop of literally millions of illegal aliens flooding our borders, overwhelming the social safety net of large American cities, and in some cases even committing violent crimes against our citizens, you are actively encouraging them to come to the Show Me State," Bailey said.

Bailey referenced the post Lucas wrote on social media proclaiming:

"All are welcome in Kansas City. Proud to work with my fellow mayors from Denver and NYC as we work to ensure decompression of new arriving communities." 

Bailey added that Lucas did later amend his statement and only extended the offer to "persons who are lawfully present, with lawful work permits," but said that Lucas ignored the underlying issue.

"Secretary Mayorkas' open border programs are themselves illegal. Your statements are wildly irresponsible," Bailey said. "Not only do you ignore the fact that Laken Riley's killer has a so-called "work permit," but you are actively encouraging Missouri businesses to become entangled in a fundamentally unlawful program, and exposing them to legal liability in the process."

DEM SENATOR'S CLAIM DOWNPLAYING BORDER CRISIS RESURFACES AFTER STAFFER KILLED BY ILLEGAL IMMIGRANT

Bailey said that allowing and welcoming illegal immigrants violates a Missouri law that prohibits state businesses from hiring or employing illegal immigrants. It also makes it a felony to knowingly transport illegal immigrants in the state of Missouri.

"Make no mistake, my office will do everything in its power to take legal action against any person or entity found to be in violation of these statutes," Bailey proclaimed. 

Bailey continued stating that Missouri will now join 19 other state attorney generals who are suing Secretary Mayorkas over his "disastrous" and illegal parole program that unlawfully creates a pathway to citizenship for hundreds or thousands of illegal immigrants.

In his letter, Bailey stated that Mayorkas' illegal immigrant parole program would allow up to 360,000 illegal immigrants from Cuba, Haiti, Nicaragua, and Venezuela to be "paroled" into the United States every year.

"Your open invitation for illegal aliens to come to Missouri is not only dangerous but comes at great expense to Missouri taxpayers, residents, and business owners," Bailey said. 

DENVER MAYOR BOASTS 'SHARED SACRIFICE' IS REQUIRED TO MAKE CITY 'WELCOMING' FOR MIGRANTS

Bailey's letter to Lucas comes a day after Sen. Josh Hawley, R-Mo., gave fiery testimony to the Senate for striking down Mayorkas' impeachment trial.

Sen. Hawley joined other Republican lawmakers who tore into Secretary Mayorkas on Thursday over the release of the Venezuelan illegal immigrant now charged with the murder of Georgia nursing student Laken Riley – accusing the agency of having released him into the U.S. unlawfully.

Lawmakers grilled the embattled secretary on Jose Ibarra, an illegal immigrant from Venezuela, who is accused of killing Riley on Feb. 22, while she was jogging at the University of Georgia in Athens.

In his testimony, Sen. Hawley revealed that Ibarra had been given a work permit, despite having been accused of a crime against a child in New York and having the charges later expunged by local authorities.

"Nothing is done to this guy. He had a criminal record to start with, he's in the country on illegal grounds. You have falsely and illegally allowed him in. He committed a crime against a child. He's not prosecuted, it's expunged. In November, get this, in November, Ibarra files an application for employment authorization. And unbelievably, on December 9, 2023, it's approved," Hawley said.

The Biden administration initially announced the parole program for Venezuelans in October, which allowed a limited number to fly directly into the U.S. as long as they had not entered illegally and already had a sponsor in the United States. 

However, in January, President Biden announced that the program would be expanded to include Haitians, Nicaraguans and Cubans and that the program would allow up to 30,000 a month into the U.S. The program also allows for migrants to receive work permits and a two-year authorization to live in the U.S.

Fox News Digital reached out to Mayor Quinton Lucas for comment. 

Fox News' and Caroline Elliott contributed to this report. 

Lawmakers berate Mayorkas on Laken Riley murder: ‘Your policies in action’

Republican lawmakers on Thursday tore into Homeland Security Secretary Alejandro Mayorkas over the release of the Venezuelan illegal immigrant now charged with the murder of Georgia nursing student Laken Riley -- accusing the agency of having released him into the U.S. unlawfully.

Lawmakers grilled the embattled secretary on Jose Ibarra, an illegal immigrant from Venezuela, who is accused of killing Riley on Feb. 22, while she was jogging at the University of Georgia in Athens.

Immigration and Customs Enforcement (ICE) confirmed with Fox News Digital previously that U.S. Customs and Border Protection (CBP) had encountered Ibarra on Sept. 8, 2022, and he had been "paroled and released for further processing."

HAITIAN MIGRANT CHARGED WITH RAPE OF 15-YEAR-OLD GIRL ENTERED VIA CONTROVERSIAL PAROLE PROGRAM: SOURCES 

But lawmakers cited the parole case file showing that Ibarra had been released due to an alleged lack of detention space – although some conservatives have pointed to data showing that ICE was not near maximum capacity at the time of Ibarra's release. The statute governing parole, however, says that releases are only allowed due to urgent humanitarian reasons or "significant public benefit." Republicans have accused the administration of abusing parole with its broad policies at the border, saying that the paroles often do not meet these criteria.

Ranking Member Rand Paul asked Mayorkas about Ibarra’s release and about the legality of the basis for his parole. Mayorkas said that he would not comment on the case.

"All our hearts break for the family of Miss Riley. Secondly, the perpetrator of this heinous criminal act needs to meet justice to the fullest extent of the law. And I will not comment on the particulars of the case, because the matter is being prosecuted by authorities now," he said.

When Paul followed up, including asking the secretary if he was pleading the Fifth, Mayorkas said "I have provided my answer" but later expanded.

"There are different bases for parole. I am not a legal expert in this regard, but let me assure you that when an individual is encountered at the border, and they are deemed to be at the time of encounter a threat to public safety or national security, they are a priority for detention," he said. "If not, they receive a notice to appear and are placed in immigration enforcement proceedings. The number of individuals encountered at the border exceed the number of beds available in our detention facilities. That is not something specific to this administration."

But Sen. Josh Hawley, R-Mo., then turned up the heat by reading directly from the parole file, which lawmakers had obtained. He also revealed that Ibarra had been given a work permit, despite having been accused of a crime against a child in New York and having the charges later expunged by local authorities.

"Nothing is done to this guy. He had a criminal record to start with, he's in the country on illegal grounds. You have falsely and illegally allowed him in. He committed a crime against a child. He's not prosecuted, it's expunged. In November, get this, in November, Ibarra files an application for employment authorization. And unbelievably, on December 9, 2023, it's approved," he said.

"So this is your policies [sic] in action, Mr. Secretary," he said.

JIM JORDAN ACCUSES MAYORKAS OF WITHHOLDING FILES OF ALLEGED ILLEGAL IMMIGRANT CRIMINAL

"I am confident that justice will be vindicated in the criminal prosecution of the case," Mayorkas responded, which led Hawley to make a reference to the recent impeachment effort against Mayorkas.

Well, hopefully he'll get more of a trial than you got," he said. "Otherwise, there'll be no justice for anyone at all." 

Separately, Sen. Roger Marshall, R-Kansas, raised the CHNV (Cuban, Haitian, Nicaraguan and Venezuelan) parole program, which allows up to 30,000 migrants a month to fly or travel directly into the U.S. via parole.

"Why are you mass importing tens of thousands of Venezuelans into our country via parole, knowing they can't be deported, because Venezuela isn't exactly accepting removal flights? He asked him.

CLICK HERE FOR MORE COVERAGE OF THE BORDER SECURITY CRISIS

"We are not doing that, senator," Mayorkas said. "The term ‘importation’ is incorrect."

Mayorkas also said it was false to say that Venezuela won’t take return flights.

"So, why do you say it's not correct when it's been suspended? That's why Americans don't trust you," Marshall fired back.

Fox News' Aubrie Spady and Greg Wehner contributed to this report.

‘Constitutional authority’ of Senate Dems quashing Mayorkas impeachment trial questioned by experts

Constitutional law experts are examining the implications of the precedent set by Senate Democrats on Wednesday, when they killed the impeachment trial of Department of Homeland Security Secretary Alejandro Mayorkas, effectively dismissing it. 

After the Senate deemed both articles of impeachment unconstitutional, the upper chamber adjourned, quashing all hope for a trial on Mayorkas' alleged crimes. This was historically significant, as an impeachment trial had never been dismissed, tabled or otherwise discarded without the accused official having first exited their role in one way or another. 

"The Senate has no constitutional authority to rule that the articles approved by the House do not state impeachable offenses," explained Andrew McCarthy, a former chief assistant United States attorney in the Southern District of New York and a senior fellow at the National Review Institute. 

SENATE STRIKES DOWN BOTH IMPEACHMENT ARTICLES AGAINST BIDEN BORDER CHIEF

The sole power to determine impeachable offenses lies with the House, McCarthy noted. This means neither the Senate nor a court of law would be within their rights to undermine the House's ability to make such determinations. 

Senate Majority Leader Chuck Schumer, D-N.Y., proposed two points of order during the court of impeachment deeming both articles of impeachment unconstitutional, which were passed by the Democratic majority. 

"This essentially nullifies the House’s important role in the impeachment process," McCarthy said. 

Alternatively, the Senate would have been well within its rights to "hold a trial and ultimately acquit Mayorkas of the charges," he added. 

REPUBLICANS PREDICT DEMS TO PAY 'HEAVY PRICE' IN ELECTION AFTER MAYORKAS IMPEACHMENT BID FAILS

The brief impeachment trial proceedings revealed "yet another of our constitutional norms is being undermined," said Randy Barnett, a renowned legal scholar and professor of constitutional law at the Georgetown University Law Center. 

However, Alan Dershowitz, a prominent constitutional scholar and emeritus professor of law at Harvard Law School, claimed, "There are no constitutional impeachment criteria charged."

He explained further that "dismissal is proper."

SENATE DEMS REVEAL MASSIVE $79M AD SPEND TO PROTECT MAJORITY AHEAD OF KEY MATCHUPS

McCarthy warned that "Democrats will come to regret it." He explained that in the case that Democrats take over the House's majority and Republicans the Senate, "Democrats will be undermined by the precedent they have set — especially if Donald Trump is elected president again."

Democrats would likely seek to once again impeach former President Trump if he is elected in November, McCarthy said, and "they have now handed Republicans a precedent authorizing the Senate to ignore the House."

Barnett claimed that impeachment is "ultimately a political power" and thus, political use of it is expected. However, he suggested that "the political nature of impeachment" is exactly what "necessitates the House having the opportunity to present its case both to the Senate and to the electorate in a public trial." This was prevented from taking place in the Senate. 

WHITE HOUSE DEEMS HOUSE IMPEACHMENT INQUIRY 'OVER,' PRESIDENT BIDEN FORMALLY DECLINES TO TESTIFY

"The only reason Republicans impeached Mayorkas was to get a high-profile hearing that would rivet the public’s attention to Biden’s border crisis," added McCarthy, who noted that the House understood they would never see a conviction or removal. 

"The Senate Democrats’ move does deny that public hearing," he said. For this, Democrats will "take a political hit," he continued. 

However, McCarthy described that Senate Democrats made a political calculation, ultimately determining that "it would be better to be criticized for not conducting a trial than to hold a trial," placing President Biden's border policies at the forefront and Democratic senators on record acquitting Mayorkas. 

This, he said, would look like the Democrats "endorsing Biden’s non-enforcement policies."

Republicans predict Dems to pay ‘heavy price’ in election after Mayorkas impeachment bid fails

Republicans warned that vulnerable Senate Democrats would be punished in the upcoming November general election for their votes to kill the impeachment trial of Department of Homeland Security Secretary Alejandro Mayorkas. 

"Every Democrat will pay a heavy price in November for willfully refusing to end this border crisis," said Republican conference Chairman John Barrasso, R-Wyo., in a statement following the impeachment trial proceedings. 

Senate Majority Leader Chuck Schumer, D-N.Y., proposed points of order after senators were sworn in as jurors to deem both of the House-passed articles of impeachment unconstitutional. Votes on the points of order were along party lines, with all Democrats agreeing that both articles were in fact unconstitutional. 

SENATE DEMOCRATS KILL BOTH ARTICLES OF IMPEACHMENT AGAINST DHS SECRETARY MAYORKAS

This included all five of the most vulnerable Democratic incumbents, Sens. Tammy Baldwin, D-Wis., Jon Tester, D-Mont., Sherrod Brown, D-Ohio, Bob Casey, D-Penn., and Jacky Rosen, D-Nev. 

"The American people will hold Senate Democrats accountable for this shameful display," warned House Republican leaders in a joint statement from Speaker Mike Johnson, R-La., Majority Leader Steve Scalise, R-La., Majority Whip Tom Emmer, R-Minn., and Republican conference Chairwoman Elise Stefanik, R-N.Y.

"History will not be forgiving of Democrats' decision to table this hearing," echoed Sen. Roger Marshall, R-Kan., in a statement. "The American people will hold Mayorkas accountable at the ballot box this November."

Sen. John Cornyn, R-Texas, additionally slammed his Democratic counterparts for disregarding "their duty to the American people."

GOP SENATOR EYES LEGISLATION TO DEFUND 'PROPAGANDIST' NPR AFTER SUSPENSION OF WHISTLEBLOWER

In his own statement following the decision to vote in line with his party, Tester said, "Montanans want real solutions that secure the border, not partisan games from D.C. politicians."

He urged "President Biden and Secretary Mayorkas to use their remaining executive authorities to help secure our border," and asked his colleagues in the Senate to revisit the bipartisan border package that was abandoned following former President Trump's public disapproval.  

Tester's race is considered one of the most competitive races in the country heading into November. 

"Senate Democrats just showed voters they will do nothing to hold Joe Biden and DHS Secretary Alejandro Mayorkas accountable for the disastrous border policies that caused this crisis," National Republican Senatorial Committee spokesman Tate Mitchell said in a statement. 

SENATE DEMS REVEAL MASSIVE $79M AD SPEND TO PROTECT MAJORITY AHEAD OF KEY MATCHUPS

Republicans further lamented the precedent set by Wednesday's impeachment trial proceedings. "This means that the Senate can ignore, in effect, the House's impeachment," Senate Minority Leader Mitch McConnell, R-Ky., remarked on the chamber floor following the Senate adjourning. 

"This is a day that's not a proud day in the history of the Senate," he added. 

Throughout the Senate's history, charges and trials have only ever been dismissed when the impeached individual had resigned or was otherwise no longer in office. 

Cornyn noted the precedent set is "unfortunate" and part of the Democrats' larger effort "to sweep the Biden administration’s failing border policies under the rug."

"In 2020, Dems voted to impeach Trump without even charging a crime. Today they voted that a *felony* CANNOT be an impeachable crime. It’s beyond absurd," claimed Sen. Josh Hawley, R-Mo., comparing the impeachment trial proceedings to those of Trump during his presidency. 

TRUMP'S LOAN PROPOSAL FOR UKRAINE AID MAY BE COMMON GROUND FOR COMPREHENSIVE FOREIGN AID PACKAGE

While Republicans denounced the proceedings that unfolded on the Senate floor, President Biden's administration rejoiced over the result. 

"Today’s decision by the Senate to reject House Republicans’ baseless attacks on Secretary Mayorkas proves definitively that there was no evidence or Constitutional grounds to justify impeachment," said Mia Ehrenberg, DHS spokesperson, in a statement. 

Ian Sams, White House spokesperson for Oversight and Investigations, added in his own statement, "Once and for all, the Senate has rightly voted down this baseless impeachment that even conservative legal scholars said was unconstitutional."

He also noted that Biden and Mayorkas would "continue doing their jobs to keep America safe and pursue actual solutions at the border."

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