Judiciary Chair Jordan tells Mayorkas to ‘be prepared’ ahead of key hearing on border crisis

FIRST ON FOX: The chairman of the House Judiciary Committee is telling DHS Secretary Alejandro Mayorkas to "be prepared" with data for a key House hearing on Wednesday, in which the Homeland Security head is expected to receive another grilling over his handling of the crisis at the southern border by the Republican majority.

Mayorkas will appear Wednesday before the GOP-led committee in a hearing called: "Oversight of the U.S. Department of Homeland Security."

The secretary has clashed repeatedly with Republicans at congressional hearings, who have taken aim at his handling of the border crisis now into its third year and which saw historic migrant numbers in both FY 2021 and FY 2022 -- with some even calling for his impeachment over what they have branded as the administration's "open borders" policies – a label the administration has rejected. 

In a letter to Mayorkas on Tuesday, obtained by Fox News Digital, Chairman Jim Jordan says that during his last appearance before the committee last year, "you were unable to provide specific data or information and, to this date, you still have not provided substantive responses to some Members’ questions from that hearing."

"We hope that you will be prepared with specific data and information during your appearance before the Committee this year," they say.

HOUSE HOMELAND GOP REPORT ACCUSES MAYORKAS OF ‘INTENTIONAL’ DERELICTION OF DUTY OVER BORDER CRISIS

The majority says it had in July requested data regarding Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE) activity by Monday, but DHS said it would not be able to meet the deadline, but would try to provide the data "as soon as we are able."

"Accordingly, if the Department is unable or unwilling to provide this data in advance of the hearing, as we requested, we ask that you come to the hearing prepared with this data," Jordan said in the letter to Mayorkas. 

The data the committee requests includes the number of migrants who have been released into the U.S. and have remained in DHS detention. It includes those who have claimed a fear of persecution, who have been removed, have been placed in removal proceedings and who have received credible fear determinations. It's a sign that the committee will focus in part on parole and other policies that have allowed for migrants to be released into the U.S. as part of the expansion of legal pathways by the administration.

"We look forward to your upcoming testimony and the opportunity for the Committee to effectively pursue its oversight of the Department’s immigration-related authorities," Jordan writes.

A DHS spokesperson told Fox News Digital that the agency "responds to congressional correspondence directly via official channels, and the Department will continue to respond appropriately to Congressional oversight." 

MIGRANT NUMBERS DROP SHARPLY IN JUNE AS BIDEN ADMIN'S POST-TITLE 42 STRATEGY TAKES SHAPE

A DHS official, meanwhile, noted that it has made an "enormous" number of personnel, documents and briefings available to Congress – including 50 witnesses across over 30 hearings in both chambers, as well as over 8,000 pages of documents in responses to over 1,400 congressional letters.

It comes amid a torrent of scrutiny by House Republicans on the administration. Republicans on the House Homeland Security Committee recently accused Mayorkas of a "dereliction of duty" as they probe his handling of the border crisis.

Republicans have blamed the administration for the crisis, saying it canceled "effective" Trump-era policies including border wall construction, Title 42 and the Migrant Protection Protocols (MPP). Separately, they objected to narrowed Immigration and Customs Enforcement (ICE) guidance, that coincided with plummeting deportations and increased use of catch-and-release. Recently, they have also scrutinized the widespread use of parole to release migrants into the U.S. via legal asylum pathways.

The Biden administration has pushed back against criticism, pointing to a sharp drop in encounters at the border since the end of the Title 42 public health order in May. Numbers from June, released last week show 144,000 migrant encounters for the month, which is the lowest number since February 2001, although still high compared to pre-2021 numbers. 

The administration has tied the drop in encounters to measures it put into place when Title 42 ended in May, including a significant expansion of the use of parole to expand lawful immigration pathways -- combined with an asylum rule which limits migrants from claiming asylum if they enter illegally and fail to claim asylum at a country through which they already passed. However, that rule was dealt a legal blow on Tuesday when it was blocked by a federal judge in response to a lawsuit from left-wing groups. 

DHS has said it is working to build a "safe, orderly and humane immigration system" and has called on Republicans in Congress to pass a comprehensive immigration reform legislation introduced on Day One of the administration – but that was rejected by Republicans due to the inclusion of a pathway to citizenship for millions of illegal immigrants.

"Instead of pointing fingers and pursuing a baseless impeachment, Congress should work with the Department and pass comprehensive legislation to fix our broken immigration system, which has not been updated in decades," a spokesperson said last week


 

House Homeland GOP hits Biden admin for ‘celebrating’ June border data, as fiscal year nears record high

FIRST ON FOX: Republicans on the House Homeland Security Committee are criticizing the Biden administration for "celebrating" June's border numbers – amid a battle over the narrative of what shifting migrant numbers means for the ongoing crisis at the southern border.

Customs and Border Protection (CBP) data released this week showed there were 144,571 migrant encounters in June, compared to 207,834 in June last year and 189,034 in June 2021. In June 2020, there were just 33,049 at the border.

The numbers are high, compared to pre-2021 numbers. (June’s numbers are still higher than any month of the 2019 border crisis.) However, they mark the lowest at the border since February 2021 and a sharp drop from the 206,702 seen in May and 211,999 in April. A decrease is particularly unusual during the summer months. 

MIGRANT NUMBERS DROP SHARPLY IN JUNE AS BIDEN ADMIN'S POST-TITLE 42 STRATEGY TAKES SHAPE

Administration officials have tied the drop in encounters to measures introduced by the Biden administration as Title 42 ended in May. Those include dramatically expanded legal pathways -- including allowing 1,450 migrants in a day through ports of entry via the CBP One App -- and a rule to limit asylum for those who enter illegally. 

The agency noted that the number of people crossing illegally had dropped to 99,545, a 42% decrease from May. Acting CBP Commissioner Troy Miller hailed "sustained efforts" to enforce consequences and expand access to pathways for having "driven the number of migrant encounters along the Southwest border to their lowest levels in more than two years."

In an interview published Friday in Politico, DHS Secretary Alejandro Mayorkas pointed to both the "lawful pathways" and the asylum rule as reasons for the numbers.

"So it’s: lawful pathways, and a consequence regime for not using them — and we’ve seen a dramatic drop," he said.

HOUSE HOMELAND GOP REPORT ACCUSES MAYORKAS OF ‘INTENTIONAL’ DERELICTION OF DUTY OVER BORDER CRISIS 

But Republicans have said that the numbers are nothing to celebrate, and they have criticized the new broad use of parole by the administration , arguing that it is beyond the "case by case" basis intended by Congress. 

Chairman Mark Green said that the administration "is attempting to deceive the American people by celebrating June’s monthly encounter numbers—even as the Office of Field Operations reported a nearly 200% increase in encounters compared to June 2022."

The Office of Field Operations is the CBP agency that encounters migrants at a port of entry. Those encountered entering illegally between ports are typically encountered by Border Patrol. Both OFO and Border Patrol encounters are included in the total number of encounters, but Republicans have accused DHS of simply waving in otherwise-illegal immigrants through ports of entry via the use of parole and the CBP One App. 

In June, over 38,000 migrants were scheduled for an appointment on the app. That is also separate from up to 30,000 Haitians, Cubans, Venezuelans and Nicaraguans per month who are eligible to be flown in via a separate parole program announced in January.

"This drastic increase is even more evidence of how Secretary Mayorkas is abusing the CBP One app to shift otherwise inadmissible alien entries to ports of entry and release hundreds of thousands of these individuals into the United States," Green, R-Tenn., said.

Meanwhile, the committee released a fact sheet noting that currently, the number of migrants encountered at the border for FY 2023 is at nearly 1.8 million, which already exceeds the then-historic numbers seen in FY 2021 (1.7 million) and is on pace to approach or exceed the record-breaking 2.4 million encountered last year.

"If this rate of encounters continues, Fiscal Year 2023 is shaping up to be the highest year of Southwest border encounters on record," the fact sheet says.

The factsheet also noted that there have been a 579% increase in encounters of Chinese nationals this fiscal year, and 140 people whose names matched on the FBI terror watch list. 

MAYORKAS TO TESTIFY BEFORE HOUSE JUDICIARY COMMITTEE AMID GOP SCRUTINY OVER BORDER CRISIS 

The clash comes as Republicans and Democrats continue to struggle to find common ground on the question of migration and illegal immigration — with Republicans pushing for border security, asylum reform and greater deportations, and Democrats calling for broader legal pathways, expanded refugee resettlement and amnesty for those already in the U.S.

Republicans have hammered the Biden administration, including Mayorkas, for its handling of the border crisis, arguing that policies it put into place have exacerbated the crisis. They point to reduced enforcement, greater catch-and-release and the abolition of Trump-era policies such as border wall construction and the Remain-in-Mexico policy. Some have even called for Mayorkas to be impeached over his conduct.

This week, the committee released a report accusing Mayorkas of an intentional dereliction of duty in his handling of the crisis.

"On top of these failures to uphold the law and fulfill his oath of office, Mayorkas has willfully undermined the sacred foundation of our constitutional republic—the separation of powers. He has rejected his responsibility to enforce the laws passed by Congress, and he has refused to respect rulings by the federal judiciary," it found.

DHS soon pushed back against the report. 

"Secretary Mayorkas is proud to advance the noble mission of the Department, support its extraordinary workforce, and serve the American people," a DHS spokesperson said on Wednesday. "The Department will continue to enforce our laws and secure our border, protect the United States from terrorism, and improve our cybersecurity, all while building a safe, orderly, and humane immigration system.

"Instead of pointing fingers and pursuing a baseless impeachment, Congress should work with the Department and pass comprehensive legislation to fix our broken immigration system, which has not been updated in decades," the spokesperson said.

House Homeland GOP report accuses Mayorkas of ‘intentional’ dereliction of duty over border crisis

Republicans on the House Homeland Security Committee on Wednesday issued a scathing report accusing DHS Secretary Alejandro Mayorkas of being "intentionally" derelict in his duty to the country as he implemented a "radical open-borders agenda."

Chairman Mark Green launched an investigation into Mayorkas’ ‘dereliction of duty’ earlier this year amid a barrage of criticism of how the administration has handled the border crisis now into its third year. There were more than 1.7 million encounters in FY 2021 and more than 2.4 million in FY 2022. Numbers have been similarly high in FY 2023, but have recently seen a drop in May and June.

In the interim report published on Wednesday evening, the report accuses the DHS secretary of "undoing effective policy" of implementing an "open-borders" policy agenda and of ignoring nearly a dozen laws passed by Congress.

"On top of these failures to uphold the law and fulfill his oath of office, Mayorkas has willfully undermined the sacred foundation of our constitutional republic—the separation of powers. He has rejected his responsibility to enforce the laws passed by Congress, and he has refused to respect rulings by the federal judiciary," it finds. 

HOUSE HOMELAND REPUBLICANS TO LAUNCH PROBE INTO MAYORKAS' ‘DERELICTION OF DUTY’ IN HANDLING BORDER CRISIS 

The report says that it is not just a question of policy differences, and says that policies must have foundations "in the laws passed by Congress, and work to the benefit of the American people."

"This cannot be said to be true of Mayorkas’ actions and policies as DHS secretary. It is, therefore, the solemn conclusion of this Committee that Mayorkas has been derelict in his duty, and that this dereliction has been intentional," it says.

The report levels dozens of accusations against the secretary, arguing that he abused humanitarian parole to expand it well beyond the "case by case" basis laid out in law, while ignoring court orders to re-implement Trump-era policies and of "flouting" requirements for detention of illegal immigrants.

It accuses him of canceling "effective" policies including border wall construction, Title 42 and the Migrant Protection Protocols (MPP), while implementing policies that it says are "actively benefiting" illegal immigrants. Specifically, it points to narrowed Immigration and Customs Enforcement (ICE) guidance, that coincided with plummeting deportations, increased use of catch-and-release and "irresponsible rhetoric."

"Mayorkas is required to remove illegal aliens, but under his leadership and policies, removals by ICE have hit historic lows, and the targets set by his department continue to drop," it says. "He has even told ICE agents that an alien’s unlawful presence in the country is no longer sufficient grounds to remove them, despite the clear language of the law saying otherwise. He has even flouted the orders of a co-equal branch of government, refusing to fully and faithfully comply with a federal court order requiring him to reinstate the Migrant Protection Protocols."

The report marks the latest in a relentless hammering of the secretary by Republicans in both chambers -- some of whom have called for his impeachment. Green has held off from endorsing such a move at this point, saying the committee is not there yet.

"My mission as the chairman of [the committee] is ‘get to the facts.’ So we're not talking about that. We're not using that word. Every single thing we're going to look at, every rock we're going to look under is to find the facts," he said in June to Fox News Digital. "And the facts, I think, are going to show that he has disregarded the laws passed by Congress, subverted those laws, been dishonest to Congress and the American people, among many, many other things. And we're just going to get to the bottom of all that."

MIGRANT NUMBERS DROP SHARPLY IN JUNE AS BIDEN ADMIN'S POST-TITLE 42 STRATEGY TAKES SHAPE

The Biden administration pushed back, pointing to a sharp drop in encounters at the border since the end of the Title 42 public health order in May -- despite widespread predictions that it would be followed by an increase in apprehensions. Numbers in June show 144,000 migrant encounters for the month, which is the lowest number since February 2001, although still high compared to pre-2021 numbers. Officials have also highlighted that it removed more individuals in FY 2022 via Title 8 and Title 42 than in any other fiscal year to refute claims of "open border" policies.

MAYORKAS TO TESTIFY BEFORE HOUSE JUDICIARY COMMITTEE AMID GOP SCRUTINY OVER BORDER CRISIS 

The administration has tied the drop in encounters to measures it put into place when Title 42 ended in May, including a significant and historic expansion of the use of parole to expand lawful immigration pathways -- combined with an asylum rule which limits migrants from claiming asylum if they enter illegally and fail to claim asylum at a country through which they already passed. That rule is currently facing legal challenges from both left-wing activity groups and GOP-led states. DHS officials have also pointed to statements Mayorkas has made in which he has repeatedly stressed that the U.S. is a "nation of laws."

"Secretary Mayorkas is proud to advance the noble mission of the Department, support its extraordinary workforce, and serve the American people," a DHS spokesperson said on Wednesday. "The Department will continue to enforce our laws and secure our border, protect the United States from terrorism, and improve our cybersecurity, all while building a safe, orderly, and humane immigration system."

"Instead of pointing fingers and pursuing a baseless impeachment, Congress should work with the Department and pass comprehensive legislation to fix our broken immigration system, which has not been updated in decades," the spokesperson said.

Democrats on the committee were also critical of the report.

"Since Extreme MAGA Republicans predetermined months ago they would impeach Secretary Mayorkas, they have been busy trying to manufacture so-called ‘evidence’ to do so," Ranking Member Bennie Thompson said in a statement. "But their cooked-up narrative is not reality."

"I realize Republicans have been counting on chaos on border for months and are now panicking that the Administration policies are working, but there is no valid basis for impeachment. Any attempt to do so would be a sham. We’re here to serve the American people, not right-wing special interests in Washington," he said.

There is no sign, however, that the scrutiny of the secretary will cease any time soon. The report published Wednesday is only the interim report of the first phase of the investigation, with the second phase already underway.

Meanwhile, the House Judiciary Committee will hold a hearing next week at which Mayorkas will be present -- and will likely face a grilling from Republicans over the border crisis. 

Supreme Court hands Biden admin major win on challenge to ICE enforcement policy

The Supreme Court on Friday handed the Biden administration a major victory on a key immigration case – ruling that GOP-led states do not have standing to challenge a policy narrowing federal immigration enforcement.

The justices, in an 8-1 ruling in U.S. v Texas, found that Republican states did not have standing to challenge a narrowing of Immigration and Customs Enforcement (ICE) priorities for arrests and deportations of illegal immigrants. 

"In sum, the States have brought an extraordinarily unusual lawsuit. They want a federal court to order the Executive Branch to alter its arrest policies so as to make more arrests. Federal courts have not traditionally entertained that kind of lawsuit; indeed, the States cite no precedent for a lawsuit like this," the opinion, written by Justice Brett Kavanaugh, said.

Justice Samuel Alito was the sole dissenting justice.

DHS SAYS IT WILL ABIDE BY COURT ORDER BLOCKING BIDEN ICE RESTRICTIONS

The case involved the issuing of new enforcement guidelines by the Department of Homeland Security. After initially attempting to impose a 30-day moratorium on all ICE deportations, the department issued guidance that restricted ICE agents to targeting three types of illegal immigrants for arrest and deportation: recent border crossers; threats to public safety; and national security threats.

"The fact an individual is a removable noncitizen therefore should not alone be the basis of an enforcement action against them," DHS Secretary Alejandro Mayorkas said in the memo. "We will use our discretion and focus our enforcement resources in a more targeted way. Justice and our country's well-being require it."

The department said it was the most efficient use of limited resources to protect the American people, but critics saw it as part of a broader rolling back of enforcement and border security. The imposition of those guidelines coincided with a sharp drop in ICE deportations. In FY 2021, which included the final months of the Trump administration, ICE arrested 74,082 noncitizens and deported 59,011. Of the 74,082 arrests between October 2020 and October 2021, only 47,755 took place after Feb. 18 when the new priorities were implemented. Of removals, just 28,677 of the 59,011 deportations took place after Feb. 18.

NEARLY 17 MILLION ILLEGAL IMMIGRANTS LIVING IN US, 16% INCREASE SINCE 2021: ANALYSIS

Texas and Louisiana challenged the legality of the guidelines, arguing that the policy breached the Administrative Procedure Act and that they had standing because their states would incur greater law enforcement costs and a significant impact on social services due to the increase in illegal immigration that resulted. A district court found that the states did have standing and blocked the implementation of the policy.

MIGRANT NUMBERS EXCEEDED 200,000 ENCOUNTERS AGAIN IN MAY AS TITLE 42 EXPIRED

However, the high court disagreed: "The threshold question is whether the States have standing under Article III to maintain this suit. The answer is no." The opinion said that while monetary costs are an injury, the injury to allow standing must also be "legally and judicially cognizable."

It also clarified that it was not stating that states may never have standing over an alleged failure to make more arrests or prosecutions – including if the Executive Branch "wholly abandoned" its responsibilities in this regard -- but not in this case.

Justices Neil Gorsuch, Amy Coney Barrett and Clarence Thomas concurred in the judgment, but said they "diagnose the jurisdictional defect differently…the problem here is redressability." They say that the states lack standing "because federal courts do not have authority to redress their injuries."

Justice Alito, in his dissent, says that the majority "brushes aside a major precedent that directly controls the standing question, refuses to apply our established test for standing, disregards factual findings made by the District Court after a trial, and holds that the only limit on the power of a President to disobey a law like the important provision at issue is Congress’s power to employ the weapons of inter-branch warfare—withholding funds, impeachment and removal, etc."

Alito notes that Congress passed legislation in the 1990s that commands the detention and removal of illegal immigrants who have been convicted of certain crimes.

"The Secretary of Homeland Security, however, has instructed his agents to disobey this legislative command and instead follow a different policy that is more to his liking. And the Court now says that no party injured by this policy is allowed to challenge it in court," he says, accusing his colleagues of "a deeply and dangerously" flawed interpretation of executive authority.

The case is one of a number of immigration challenges that have faced the Court, including recent challenges to end the Title 42 public health order. It is likely to eventually consider a challenge to a "Parole with Conditions" policy, which saw migrants released without court dates due to overcrowding and was implemented as Title 42 ended in May. The policy was blocked by a federal judge just days later. 

Texas Republican pushes Biden impeachment over ‘false’ compassion for migrants, ‘reach’ of cartels into US

Rep. Chip Roy, R-Texas, scorched President Biden in a House floor speech Thursday demanding his impeachment, accusing the administration and Democrats of expressing "false" compassion toward migrants while allowing the "dangerous hand of cartels" to stretch into the United States. 

On Wednesday night, the House Rules Committee reported a rule to refer House Resolution 503 to the Committee on Homeland and Security and Judiciary laying out articles of impeachment against President Biden "for his failure to secure the southern border of the United States." 

"The laws of the United States are there expressly and specifically laid out to ensure that our border will be protected, that our nation will be secure," Roy told the House floor Thursday. "That is the fundamental question before us is when the Executive Branch fails to follow the law, when the Executive Branch fails to adhere to its duty to defend the Constitution, the laws of the United States, then what is it that the Congress – that the People's House – is supposed to do in response?"

"The founders gave us a mechanism, and here today we are talking about putting forward and referring these articles to the Homeland Security Committee for determination of the extent to which the homeland is, in fact, not secure as a direct consequence of the refusal of the administration, well beyond maladministration, but very specifically the refusal to follow the laws of the United States that is resulting in the direct consequence of the death and damage to the American people.," he continued.

DESANTIS ANNOUNCES NATIONWIDE COALITION OF 90 SHERIFFS TO PUSH BACK AGAINST BORDER CRISIS

Roy said since Biden took office, there have been more than 5 million illegal migrant encounters along the southwest border – including more than 240,000 illegal immigrants encountered at the border in May alone. Since the "relaxed enforcement" of Title 42, he argued about 2 million illegal immigrants have successfully evaded border agents, based on "relatively conservative accounting," Roy said. He said data shows 125 individuals from the terrorist watch list have been encountered this fiscal year, compared to about 98 in all the last fiscal year and about 10 in the last year of the Trump administration. 

In his floor speech, Roy referenced a recent opinion from U.S. District Judge for the Northern District of Texas Reed O’Connor laying out how illegal immigrants pleaded guilty to conspiracy to transport and harbor illegal migrants. The sentencing information shows that on behalf of the Juarez cartel, the defendants participated in a migrant smuggling conspiracy. 

The smuggling organization charged $10,000 to smuggle an adult illegal immigrant to the U.S. and between $12,000 to $14000 to smuggle a child.

The order lays out how authorities discovered that there was an illegal immigrant in Baltimore who was being held for ransom so that his family would not be abused by the Juarez cartel. The cartel member allegedly told the husband, "They would do things to his daughter he would not like," if he did not make a payment of $23,000, Roy said. 

"This is the state of affairs in our country. And this is the consequence to those migrants who were seeking to come here when my colleagues in the false name of compassion state that open borders is somehow good for them," Roy said. "But this is causing crime to extend into our communities. This is causing us to experience the dangerous hand of cartels. Just this morning, we had more news about cartels and their reach into Texas, into the United States. It is an everyday occurrence. Bailouts, damage to ranches, harm to Texans, death to Texans, fentanyl. How many more fentanyl moms? How many more angel moms? How many more Americans need suffer because this president refuses to follow the laws of the United States that he raised his hand and swore an oath to defend?" 

NEARLY 17 MILLION ILLEGAL IMMIGRANTS LIVING IN THE US, 16% INCREASE SINCE 2021: ANALYSIS

In a fiery response, Rep. Jim McGovern, D-Mass., slammed the House Rules Committee for convening Wednesday night to deploy emergency procedures to refer the Biden impeachment resolution to committee. 

"What a spectacular emergency. Truly something that needed to be done immediately," McGovern scoffed. "We all know the truth. The real emergency here was that the Georgia wing and the Colorado wing of the MAGA caucus got into a fight right over -- right over there on the House floor about who gets to impeach the president first. The truth is that Speaker McCarthy has lost control of this House, and it is being run by the MAGA fringe. This is nuts." 

Since the end of Title 42 on May 11, the Democrat argued that unlawful entries along the southern border have plummeted. As of June 6, Customs and Border Protection reported over 70% fewer encounters between points of entry or unscheduled encounters per day, McGovern said, adding that "fentanyl seizures have increased under the Biden presidency." 

"They would rather talk about building a stupid wall along our southern border that they know won't work," McGovern said of Republicans. "Or about a non-binding resolution they put on the floor this week that demonizes migrants but does nothing to fix our immigration system. I mean, they have a policy disagreement with President Biden and their first impulse isn't let's pass an immigration bill. Their first impulse is to impeach him. Our founding fathers must be rolling over in their graves." 

Before yielding his time, Roy responded to McGovern’s remarks. 

"I would just note that this morning, Texas DPS troopers arrested a Gulf cartel operative in the Rio Grande Valley moving smugglers across the river, having paid thousands of dollars, moving five illegal immigrants into the United States," Roy countered. "This is somebody that had been affiliated with a dangerous cartel. It's happening every day of the state of Texas because this administration refuses to do its job." 

Ex-Border Patrol chief says letting migrants into US was ‘only agenda’ of DHS when Mayorkas took office

Allowing more migrants to cross the border into the U.S. was the only thing on the agenda for Homeland Security Secretary Alejandro Mayorkas when he entered power with President Biden's administration, former Border Patrol Chief Rodney Scott testified Wednesday.

Scott made the statement under questioning from the House Homeland Security Committee during a hearing focused on Mayorkas' alleged "dereliction of duty." The former federal official testified that Mayorkas is "not incompetent," and that he knew what effect his policies would have.

"Do you know firsthand if Customs and Border Patrol agents actually advised Mr. Mayorkas and said, 'Hey you need to reverse these policies to stop this tidal wave that's coming into the United States'?" asked Rep. Carlos Gimenez, R-Fla.

"He was informed verbally. He was informed in writing," Scott said. "I think it's important for everybody to understand [that] everything fundamentally changed. When I worked for Secretary [Chad] Wolf, we had team meetings, we were asked for our input. We were told, ‘Over your career, what works and what doesn’t work?' On Jan. 20, 2021, that all got shut off."

EX-DHS CHIEF WOLF ACCUSES BIDEN ADMIN OF ‘CRISIS BY DESIGN’ AT THE BORDER, CALLS FOR NEW LEADERSHIP

"Our input was no longer solicited, and when my team and I gave it unsolicited, we were basically put in a box," he continued. "They did not want to know what we had to say. They made it very clear: Expedite processing and find new ways to let migrants into the U.S. That was the only agenda."

Scott began serving as Border Patrol head in January 2020 under President Donald Trump, and continued under Biden until August 2021.

APPEALS COURT DENIES BIDEN ADMIN REQUEST FOR STAY IN CHALLENGE TO MIGRANT RELEASE POLICY 

House Homeland Security Committee Chairman Rep. Mark Green, R-Tenn., launched Wednesday's hearing and laid out allegations against Mayorkas in an earlier press briefing. In addition to Scott, Republicans summoned testimony from former acting DHS Secretary Chad Wolf, who served in the Trump administration, and Joe Edlow, former acting director of U.S. Citizenship and Immigration Services.

 "What we know right now is that Secretary Mayorkas has either violated or subverted at least 10 laws passed by the Congress of the United States. He has ignored multiple court orders to cease and desist his activities. The blatant disregard for the Constitution of the United States, which states that the United States Congress passes the laws and the executive branch executes those laws, is just scratching the surface to the harm Secretary Mayorkas’ dereliction of duty has done to our country," Green said during Wednesday's press conference.

Migrant encounters have skyrocketed at the U.S.-Mexico border under the leadership of Mayorkas and President Biden. U.S. Customs and Border Protection reports say they had 100,000 monthly encounters during Biden's first full month in office. Today, however, CBP reports well over 200,000 per month, with the number exceeding 230,000 throughout late 2022 and early 2023.

While some Republicans have already pushed to impeach Mayorkas, Green has pumped the breaks on that idea. He said Wednesday's hearing was focused on obtaining facts, and he has yet to push for any impeachment action.

Biden's handling of the border crisis has long been among his least popular issues, with a May poll showing that just 33% of voters approve of his work on the issue.

House Republicans set to kick off ‘dereliction of duty’ hearing aimed at DHS Secretary Mayorkas

House Republicans are poised to launch an investigation into alleged "dereliction of duty" by Homeland Security Secretary Alejandro Mayorkas during a Wednesday hearing.

House Homeland Security Committee Chairman Rep. Mark Green, R-Tenn., will hold a press conference Wednesday laying out allegations against the Cabinet member. Green's committee will also hold a hearing in which several border security experts will testify regarding the secretary's handling of the border.

"I gave 24 years of my life as service as an army officer, and I know what dereliction of duty looks like. Secretary Alejandro Mayorkas has been willfully derelict in his duties as secretary of Homeland Security. has disregarded his oath to the Constitution by ignoring the basic tenets of that Constitution," Green said during a Wednesday press conference. 

"The massive millions upon millions of people have crossed our southern border because the Secretary of Homeland Security removed 89 policies from two previous administrations. The cause is simple: migrants tested the system, they called home, and millions came because of the secretary's catch and release policies," he added.

EX-DHS CHIEF WOLF ACCUSES BIDEN ADMIN OF ‘CRISIS BY DESIGN’ AT THE BORDER, CALLS FOR NEW LEADERSHIP

APPEALS COURT DENIES BIDEN ADMIN REQUEST FOR STAY IN CHALLENGE TO MIGRANT RELEASE POLICY 

Those testifying in Wednesday's hearing include former acting DHS Secretary Chad Wolf, who served in the Trump administration, and former Border Patrol Chief Rodney Scott. Joe Edlow, former acting director of U.S. Citizenship and Immigration Services, will also testify.

The investigation into Mayorkas comes amid calls from some Republicans to impeach the secretary. Green has cautioned, however, that that is not the goal of his committee's probe.

 "What we know right now is that Secretary Mayorkas has either violated or subverted at least ten laws passed by the Congress of the United States. He has ignored multiple court orders to cease and desist his activities. The blatant disregard for the Constitution of the United States, which states that the United States Congress passes the laws and the executive branch executes those laws, is just scratching the surface to the harm Secretary Mayorkas’ dereliction of duty has done to our country," Green said.

Illegal Immigration has skyrocketed at the U.S.-Mexico border under the leadership of Mayorkas and President Biden. U.S. Customs and Border Protection reports say they had 100,000 monthly encounters during Biden's first full month in office. Today, however, CBP reports well over 200,000 per month, with the number exceeding 230,000 throughout late 2022 and early 2023.

As a result, firebrand Republicans have introduced articles of impeachment against both Biden and Mayorkas, though the moves were largely symbolic.

Biden's handling of the border crisis has long been among his least popular issues, with a May poll showing that just 33% of voters approve of his work on the issue.

Conservative lawmakers propose budget that would defund ‘sanctuary’ cities, end chain migration

FIRST ON FOX: A new budget plan by the conservative Republican Study Committee is eyeing a number of sweeping changes to U.S. border and immigration policy, backing bills that would defund sanctuary cities, end chain migration, and tackle the ongoing crisis at the southern border.

The budget plan is being rolled out Wednesday afternoon by the conservative Republican group and calls for deep cuts in government spending to the tune of $16.3 trillion over 10 years and a tax reduction of $5.1 trillion — but also pushes for significant changes in response to the ongoing crisis at the southern border.

The group said that it is embracing four key principles: to protect the American people from national security threats; prioritize and raise economic opportunities for American workers and lawful immigration; respect the rule of law; and aim to assimilate legal immigrants.

"Far from anyone’s ideal, President Biden, DHS Secretary Alejandro Mayorkas, and Congressional Democrats have embraced the opposite: an illegal open-borders agenda that has created the worst border crisis in U.S. history," the group said in a statement. "In doing so they have compromised the sovereignty of our nation and blatantly ignored the executive branch’s duty to maintain operational control of the southern border."

BUILD THE BORDER WALL, CUT TRILLIONS IN FEDERAL SPENDING: FIRST LOOK AT HOUSE CONSERVATIVES' BUDGET PLAN 

The committee has already called for border security legislation earlier this year, while also endorsing an impeachment effort against Mayorkas and the border security legislation that passed the GOP-controlled House earlier this year.

The budget supports a number of legislative efforts introduced by Republicans in recent years that, if adopted, would radically change both the immigration and border security policies currently in place — not just changing Biden administration policy, but also making more deep-rooted changes to asylum, immigration enforcement and visa systems.

The budget backs bills that would finish the border wall, which was ended when the Biden administration took office, as well as bills to restore the Remain-in-Mexico policy and increase the "credible fear" standard for migrants seeking to claim they cannot be returned to their country due to persecution.

HOUSE PASSES GOP PACKAGE TO BOLSTER BORDER SECURITY, OVERHAUL ASYLUM PROCESS 

Multiple Republicans have also proposed bills that would tax remittances out of the U.S. in order to fund border security investments. The RSC supports those bills, including one to impose remittances on the top five nations of origin for illegal immigration.

The budget also backs a ban of federal funding for sanctuary cities — jurisdictions that bar local law enforcement from cooperating with ICE requests to transfer illegal immigrant criminals into their custody. It also backs bills to sue those jurisdictions for damages and to allow federal authorities to detain illegal immigrants until ICE can process them. It also supports calls by former President Donald Trump and others to end birthright citizenship for the children of those in the country illegally.

On legal immigration, the budget backs moves to end the diversity lottery visa program — which was curtailed under the Trump administration and expanded under the Biden administration — and limit "chain migration" to the spouses and children of citizens and green card holders, rather than extended family members.

TOP GOP 2024 CANDIDATES RALLY AROUND KEY TRUMP-ERA IMMIGRATION POLICY NIXED BY BIDEN ADMIN 

Other bills include legislation by Rep. Tom McClintock, R-Calif., that would bar settlement payments to illegal immigrants if the case is related to their immigration entry, a Rep. Lance Gooden, R-Texas, bill to bar funding to U.N. agencies that are alleged to promote illegal migration, and a bill by Rep. August Pfluger, R-Texas, to bar non-citizens from voting in D.C. local elections.

The sweeping efforts mark part of a broader push by the Republican Party to crack down on illegal immigration while pushing for deeper-rooted reforms targeting the asylum system and regular migration.

A package passed by the House earlier this year would ramp up resources to the border, including Border Patrol agents, as well as change laws related to unaccompanied children and the use of humanitarian parole. Meanwhile, all major 2024 Republican presidential candidates have pledged to restore the Trump-era Remain-in-Mexico policy.

Fox News' Liz Elkind contributed to this report.

Biden admin ordered to turn over Prince Harry’s immigration records amid preferential treatment claim

A federal judge on Tuesday gave the Department of Homeland Security (DHS) one week to deal with requests for Prince Harry's immigration records after the agency was sued by the Heritage Foundation.

The Biden administration appeared in a federal court Tuesday after the conservative think tank filed a lawsuit demanding DHS release Prince Harry's immigration records, alleging the administration gave him "preferential treatment" in allowing entry to the U.S. 

The suit claimed that the Biden administration allowed the prince to enter the U.S. despite his admission of illegal drug use – a factor that would usually be enough to deny other people entry. 

Entities within DHS, including Border Patrol, denied the group's Freedom of Information Act (FOIA) requests for the documents, but DHS headquarters had yet to make a decision on the requests.

D.C. District Court Judge Carl Nichols gave DHS until June 13 to notify the court on whether it will expedite or respond to a request for the records.

PRINCE HARRY'S UK COURT BATTLE: ROYAL SAYS TABLOIDS WERE 'MAIN FACTOR' FOR BREAKUP WITH EX CHELSY DAVY

Heritage filed the original FOIA requests for the documents following the release of Prince Harry's bestselling memoir, "Spare," in which he admitted to using cocaine, psychedelics and marijuana.

When filling out a visa application, those drug abuses are supposed to be documented in detail, and would normally trigger a special review if not rejection of the application. However, the group is suspicious that Prince Harry was either not honest on his visa application, or that the Biden administration gave him preferential treatment.

DHS entities rejected the original FOIA request, citing privacy concerns for the British royal, who moved to Montecito, California, with his wife Meghan Markle in 2020. Lawyers for the agency also leveled that argument in court Tuesday.

Nile Gardiner, director of the foundation’s Margaret Thatcher Center, told Fox News Digital Wednesday the judge's urging of a swift decision from the administration is a "very positive development."

"This matter is being treated very seriously," he said. 

Gardiner said there is "strong public interest for the release of Prince Harry's immigration records, especially in light of his widespread admission and drug use in ‘Spare,’ his memoir."

PRINCE HARRY'S UK COURT SHOWDOWN: ROYAL FAILS TO SHOW UP FOR FIRST DAY, LEAVES JUDGE FRUSTRATED

"We believe that it is important that the public is aware of what he actually put in his immigration application. Did he outline in detail all his drug use as he was supposed to do? We also want to know whether he received any kind of preferential treatment for U.S. officials with regard to his visa application. So if there was any dishonesty on the application, that would be perjury and a criminal offense." he added.

DHS SUED FOR PRINCE HARRY’S IMMIGRATION RECORDS TO SEE IF HE LIED ABOUT DRUG USE

"The situation with Prince Harry's immigration application was that it was, it appears, to have been so fast-tracked, while most people wait many months, years to have their applications process. So it is in the public interest for immigration law to be applied fairly to everyone who applies without a favor or bias and so this is why there is a big public interest here," Gardiner said.

Heritage said in its lawsuit that while this case "focuses on the widespread public and press interest on the specific issue of whether DHS acted, and is acting, appropriately as regards the Duke of Sussex, it cannot be separated from its broader context." 

"The press and congressional hearing rooms are replete with detailed accusations that DHS is deliberately refusing to enforce the country’s immigration laws and is responsible for the current crisis at the border," the lawsuit said.

"[T]he broader controversy is so grave that Articles of Impeachment have been filed against DHS Secretary Alejandro N. Mayorkas and Secretary Mayorkas has taken the extraordinary step of retaining private counsel to represent him in impeachment proceedings," it said.

House Homeland Security Republican demands Mayorkas’ impeachment as migrants to be housed at major NYC airport

EXCLUSIVE – Rep. Anthony D’Esposito, R-N.Y., is leading the charge in calling for Homeland Security Secretary Alejandro Mayorkas’ impeachment.

Speaking to Fox News Digital by phone on Monday, Esposito, who serves on the House Homeland Security Committee, said Mayorkas has shown "a real dereliction of duty" and demanded he resign or face full impeachment. 

A retired NYPD detective, D'Esposito cited the "breakdown of law and order along the border," as well as the impact of the ongoing migrant crisis on New York communities, namely as the Federal Aviation Administration (FAA) approved New York City's plan to house migrants in a hangar at John F. Kennedy International Airport over the weekend. 

"I'm not going to be the last to have to ask for his impeachment. I think it's clear from the outrage, you know, among lawmakers that Mayorkas is not doing the job that he swore to do," D'Esposito told Fox News Digital. "I believe that one of the most important cabinet positions in the United States is that which protects our homeland." 

"The fact is he's just not living up to his oath," he said of Mayorkas. "Not only is he failing the administration, he is failing the American people. And that's my biggest concern." 

HOCHUL DEFENDS NYC CONTROVERSIAL MIGRANT BUSSING PROGRAM AS LAWSUITS MOUNT: 'THEY'RE ABSOLUTELY HERE LEGALLY'

D'Esposito said it's been weeks since he was able to question Mayorkas before the House Homeland Security Committee in late April. 

"With the ending of Title 42, he claimed that he had been planning for months and months and months. There was no plan in place. And if there was, we wouldn't be worrying about the opening of vacant warehouses in JFK Airport weeks after Title 42 ended," said D'Esposito, who also sits on the House Transportation Infrastructure Committee and is chairman of the Subcommittee on Emergency Management and Technology.

"I am not about just not allowing anyone into this country," said the freshman congressman, whose district represents parts of Long Island's Nassau County. "My mom came here with her seven brothers and sisters from Puerto Rico in 1955, and my grandparents worked their tails off to give my aunts and uncles and my mom a good life and a good education. And they did it the right way. I believe that people should be given the opportunity for the American dream." 

"We don't have the ability to handle these asylum seekers. And that's the problem. It's not about just giving people entry into this country, it's about making sure that we afford them the opportunities and the resources that they need for the life here," D'Esposito continued. "We're millions of cases behind and, you know, increasing the amount of people into this country are only going to put those cases that are backlogged further in backlog." 

DHS on Thursday expanded slots to seek asylum at land crossings with Mexico through a mobile app for the second time in less than a month, seeking to dispel doubts it isn't a viable option. There are now 1,250 appointments daily at eight land crossings, up from 1,000 previously and 740 in early May.

D'Esposito's office blamed a "lack of planning by the Department of Homeland Security," for New York City Mayor Eric Adams' controversial program sending busloads of migrants "to unprepared suburban communities surrounding New York City as the Big Apple has found itself overwhelmed by the sheer number of recent border crossers." 

FORMER EMPLOYEE REVEALS SHOCKING CONDITIONS IN NYC MIGRANT HOTEL: 'FREE FOR ALL'

The Port Authority of New York and New Jersey successfully petitioned the FAA for use of warehouse space at Kennedy airport to house migrants. New York Gov. Kathy Hochul has said state officials are working with New York City to devise a plan to house migrants in SUNY college dormitories. 

"That is a slippery slope. And we're going to start having migrants and asylum seekers living among our students. And that's not what parents pay tuition for, is to have their children go to an educational institution and have to share their campus with asylum seekers," D'Esposito told Fox News Digital. 

The congressman further spoke to the impact on crime in New York communities, as Nassau County officials announced a large takedown of illegal narcotics believed to have come from the souther border within the last month, as well as a burglary ring busted by the Nassau County Police Department within the last six months. 

"These are people that are here illegally. They've been arrested before. And the fact is that people are concerned, people are scared, people are nervous, and they should be," he said. 

"I met with leadership in many school boards throughout Long Island. And they have serious concerns," D'Esposito added. "When they plan their budget for the year, they try to run those schools like a business. They want to make sure they do their very best to deliver the most for the taxpayers. And the fact is that there are some school districts that are seeing such a large increase in unaccompanied minors that they can't keep their budget in check because they need to afford resources that they just don't have. So even our schools are taking a hit." 

In addition to the millions of migrants who have been apprehended by DHS personnel and released into communities, it has been reported that over 530,000 migrants have illegally entered the country and evaded capture since October 2022, as per May 2023 estimates by U.S. Customs and Border Protection, according to D'Esposito's office.

The Associated Press contributed to this report.