Mayorkas comes face to face with family of grandmother, 7-year-old girl killed by human smuggler near border

Secretary of Homeland Security Alejandro Mayorkas apologized Wednesday to the family of two victims who died in a traffic accident caused by a human smuggler fleeing arrest at the border.

Mayorkas — testifying before the House Homeland Security Committee — was asked to apologize to the family of Maria Tambunga and Emilia Tambunga, who were killed last month.

"They're sitting right behind you. They came here today because they want answers. They came here today because of the failures of you and your leadership. They came here because they want closure," said Republican Rep. August Pfluger of Texas.

SEN. MARSHALL INTRODUCES RESOLUTION FOR VOTE OF NO CONFIDENCE IN MAYORKAS AMID SENATE GRILLING

Mayorkas did stand and express condolences to the Tambunga family present — although he also accused Pfluger of politicizing the tragedy.

Speaking directly to the family without a microphone, Mayorkas could be heard at one point telling the group, "My heart breaks for your loss."

The Texas Department of Public Safety said Rassian Comer, 22, of Louisiana, ran a red light during a high-speed chase on eastbound I-10 in Ozona and crashed into Maria Tambunga's car. 

BORDER PATROL CHIEF SAYS DHS DOESN'T HAVE OPERATIONAL CONTROL OF US BORDER

Two of the 11 illegal migrants being smuggled in Comer's 2021 Dodge pickup truck were also killed in the crash, Texas DPS said. Both were from Mexico. 

"Mr. Mayorkas, are you going to tell the Tambunga family that the border is secure today?" Pfluger asked.

"Congressman, you are politicizing a tragedy," Mayorkas responded.

Mayorkas has become a lightning rod for Republican criticism over the border crisis, and scrutiny has increased ahead of the looming end of Title 42 expulsions at the beginning of May. 

BIDEN ADMIN SEES PROGRESS IN TACKLING BORDER CRISIS AS MARCH'S NUMBERS DOWN FROM LAST YEAR

"Mr. Mayorkas, do you disagree with the head Border Patrol agent when he said that our border is not secure?" Pfluger pressed.

"Congressman, I have testified to that issue," Mayorkas began.

"So you do disagree with him. You disagree with your chief of Border Patrol?" the congressman asked again.

"I respectfully do in that regard," the secretary replied.

While the administration has been touting relatively lower numbers in recent months — which it ties to border measures introduced in January that included increased expulsions of a humanitarian parole program for four nationalities — officials fear a massive increase in apprehensions once Title 42 drops.

The Biden administration has dismissed the push by Republicans in the House to impeach Mayorkas, saying that Congress should instead focus on fixing what it says is a broken immigration system. 

A spokesperson on Tuesday renewed those calls in response to a resolution by Sen. Roger Marshall, R-Kan., to trigger a vote of no confidence in Mayorkas.

Fox News' Bradford Betz and Adam Shaw contributed to this report.

Dem congressman ‘may vote to impeach’ Biden’s DHS Secretary Mayorkas

California Democratic Rep. Juan Vargas said he "may vote to impeach" President Biden's Department of Homeland Security (DHS) Secretary Alejandro Mayorkas if Republicans bring articles of impeachment against him. 

Vargas, who made the comments during a news conference on Friday, said his reasoning differs from Republican lawmakers and lies in the construction of two 30-foot border walls.

"Secretary Mayorkas might come up for an impeachment vote because of what the Republicans have heard," Vargas said. "I may vote for it; I may vote to impeach him, but not over those other issues - over this issue."

Vargas' problem stems from President Biden and Secretary Mayorkas not stepping in to halt border wall construction at Friendship Park, which is located at the San Diego and Tijuana border, Fox 5 reported.

WHITE HOUSE BLASTS HOUSE FREEDOM CAUCUS BUDGET PLAN, CLAIMS IT WOULD HURT BORDER SECURITY AND CUT CBP STAFF

DHS began prepping for possible impeachment proceedings in late January by entering into a potential $1.5 million contract with the New York-based Debevoise & Plimpton law firm, which will disburse cash based on their work. Government records show that the award runs until early January 2025 and could reach up to $3 million, Fox News Digital reported.

David O'Neil, a Debevoise & Plimpton partner, will lead Mayorkas' defense team if needed, Law.com reported. O'Neil is no stranger to impeachment efforts as he aided House Democrats in their impeachment efforts against former President Trump. Employees at the firm also give overwhelmingly to Democratic causes, including Biden's past candidacy. 

Republicans on the House Oversight Committee are now probing the contract. Kentucky Republican Rep. James Comer, who heads up the Oversight Committee, began seeking information from Mayorkas late last month.

In a letter to Mayorkas, Comer said the contract is a no-bid, sole-source agreement, meaning it was awarded directly rather than through a competitive bidding process. Such an award is allowed only due to an "unusual or compelling urgency."

"DHS justified its decision not to use fair and open competition in procuring legal services by citing 'unusual and compelling urgency,'" Comer wrote to Mayorkas. "We are concerned the alleged "unusual and compelling urgency" justification is to avoid congressional scrutiny and oversight."

MEXICAN PRESIDENT THREATENS TO MEDDLE IN US ELECTIONS WITH ‘INFORMATION CAMPAIGN’ AGAINST REPUBLICANS

Republicans, including House Speaker Kevin McCarthy, have raised the possibility of impeaching Mayorkas over his handling of the ongoing crisis at the southern border. Multiple members have also introduced articles of impeachment against him.

"The Biden Administration's self-inflicted border crisis has cost taxpayers hundreds of millions of dollars and the American people are demanding accountability," Comer previously told Fox News Digital regarding the contract. 

"Not only have the Biden Administration's policies exacerbated the border crisis, but it also appears the Administration is exploiting the situation to reward its political allies and cover up Secretary Mayorkas' disastrous decisions," Comer said.

GOP bill would force Mayorkas to fly commercial until he comes up with a border plan

A handful of House Republicans are looking to ban Homeland Security Secretary Alejandro Mayorkas and his staff from flying on federal executive aircraft or private jets until he presents a plan to Congress for securing the southwestern U.S. border.

The "Mayorkas Must Fly Coach Until We Secure the Border Act" would require Mayorkas to fly on commercial airlines, and reflects the growing frustration with the Biden administration’s handling of the border crisis. A record 2.3 million migrant encounters were logged in fiscal year 2022, up from 1.7 million the year before.

A record-high 251,000 border encounters were seen in December, and while that number fell to about 150,000 in January, Republicans continue to argue that failing to control the border is putting migrant children at risk and allowing fentanyl and other dangerous drugs to enter the U.S. unchecked, along with millions of illegal immigrants.

OVERSIGHT COMMITTEE PROBES ‘NO-BID’ DHS CONTRACT TO LAW FIRM TO HANDLE MAYORKAS IMPEACHMENT EFFORTS

"This bill simply recognizes what is already obvious to South Texans and millions of Americans: Secretary Mayorkas’ failure to secure the southern border has hurt the American people and resulted in a humanitarian crisis in communities like mine," said Rep. Monica De La Cruz, R-Texas, the lead sponsor of the bill. "If he refuses to fulfill the most basic functions of his office, he should be stripped of the private flights he currently enjoys, courtesy of American taxpayers, until he does his job."

The legislation is a relatively minor punishment for Mayorkas compared to two other bills proposed by Republicans that would impeach him.

DHS TAPPED LEFT-LEANING FIRM FOR POTENTIAL MAYORKAS IMPEACHMENT EFFORTS OVER SOUTHERN BORDER CRISIS

One of those bills, from Rep. Pat Fallon, R-Texas, says Mayorkas has violated his constitutional oath by failing to maintain operational control over the border, as more than 5.5 million illegal immigrants have crossed into the U.S. under his watch. That resolution, which has 41 cosponsors, says Mayorkas terminated contracts for the remaining construction of the border wall started by President Trump and accuses him of lying to Congress by testifying last year that the U.S. government has operational control of the border.

A second impeachment resolution, from Rep. Andy Biggs, R-Ariz., makes similar arguments and notes that Mayorkas has violated the Immigration and Nationality Act by releasing illegal immigrants into the U.S. instead of removing them. "The Secretary of Homeland Security does not have the option of simply releasing those aliens into the interior of the United States," reads that resolution, which has 31 GOP cosponsors.

MAYORKAS MAINTAINS ‘BORDER IS SECURE’ DESPITE RECORD CROSSINGS; FBI SEES ‘SIGNIFICANT CRIMINAL THREATS’

Biggs is a cosponsor of De La Cruz’s bill banning Mayorkas from private jets, along with Reps. Andy Ogles, R-Tenn., Derrick Van Orden, R-Wis., Anna Paulina Luna, R-Fla., and Marjorie Taylor Green, R-Ga.

Despite widespread frustration with the Biden administration’s border policies, House Republicans have yet to schedule a vote on any bill aimed at pressuring Mayorkas into doing more to stop the flow of illegal immigrants into the U.S.

Mayorkas gushes over border agents as possible impeachment proceedings loom

Homeland Security Secretary Alejandro Mayorkas spoke at the League of United Latin American Citizens conference Wednesday, where he enthusiastically commended U.S. Border Patrol agents.

"The United States Border Patrol make up an extraordinary workforce – individuals who risk their lives every day to secure the border," Mayorkas told the LULAC crowd.

BIDEN ADMIN WEIGHS REVIVIAL OF POLICY TO DETAIN MIGRANT FAMILIES AMID SOUTHERN BORDER CRISIS: REPORTS

Mayorkas made the remarks in conversation with LULAC National President Domingo Garcia after his keynote address.

"And I will tell you something," he continued, "[In] the summer of 2014, I visited the border when the increase in unaccompanied children was occurring, and it was incredible what those Border Patrol agents were doing for those children out of their own pockets."

MAYORKAS SAYS HE WILL NOT RESIGN OVER BORDER CRISIS, INSISTS HE IS PREPARED FOR GOP INVESTIGATIONS

"What they were doing in terms of providing much needed supplies for those kids – whether it was blankets, diapers or whether it was toys," the secretary said. "These are parents in their own right and I want to commend the Border Patrol."

Asked by Garcia what his department was doing to improve humanitarian care at the border, Mayorkas defended the agency over images of migrant children sleeping on Border Patrol facility floors in silver mylar blankets.

BIDEN REPORTED MOVE TO DETAIN MIGRANT FAMILIES MARKS LATEST RIGHTWARD SHIFT AHEAD OF TITLE 42'S END

"This is why I said in 2021, when we saw the increase in the number of children in Border Patrol stations, ‘The Border Patrol station is no place for a child,’" Mayorkas told Garcia. "There are no cots, there are no beds, so children are on the floor. Those silver blankets are mylar blankets. Why? Because they provide warmth but a cloth or wool or the like actually breed insects that can actually serve a detriment to the well-being of the children. So it's visually troubling, but it's actually a health safety issue."

He went on to say that – under his direction – the department went on to dedicate 300 individuals to ensure the system would not "bottleneck" at the stations.

"And so we succeeded in that process," he concluded.

Mayorkas, a Cuba native who grew up in Beverly Hills, California, after his family fled the Castro regime, has been under fire for his handling of the southern border crisis.

Republicans claim he has failed to adjudicate standing federal immigration laws and instead has overseen a deluge of illegal immigrants.

Numbers at the border rocketed up shortly after the Biden administration took office and remained high since then. There were over 1.7 million encounters of migrants at the border in FY 21 and more than 2.3 million in FY 22. So far in FY 2023, which began in October, there have been more than a million encounters.

Biden admin’s taxpayer-backed contracts to help illegal immigrants avoid deportation come under a microscope

Iowa Republican Sen. Chuck Grassley is probing hundreds of millions of dollars in taxpayer-backed Biden administration contracts with a left-wing nonprofit to help illegal immigrants avoid deportation.

Fox News Digital previously reported that the Vera Institute of Justice, a New York-based nonprofit that views immigration enforcement agencies as a "threat" to civil liberties, received hefty Health and Human Services (HHS)-backed contracts as part of efforts to keep illegal immigrants in the United States. 

Now, Grassley is seeking answers on the federal contracts with Vera, who he says has a history of not fully complying with legal and regulatory requirements regarding the expenditure of government funds. In a Feb. 16 letter to HHS Secretary Xavier Becerra, Grassley raised concerns about the Vera contracts, particularly regarding oversight structures to prevent waste, fraud, and abuse.

"My concerns with respect to HHS' oversight of its contracts with third parties stems, in part, from HHS' FY 2022 Agency Financial Report," Grassley wrote. "In that report, the HHS Inspector General identified a range of problems with HHS oversight of contracts, including contracts for services with respect to unaccompanied alien children."

BIDEN ADMIN GIVES LEFT-WING GROUPS HUNDREDS OF MILLIONS TO HELP ILLEGAL IMMIGRANTS FIGHT DEPORTATION

"The report included a finding that the ORR 'did not award or sufficiently manage a sole source contract in accordance with Federal requirements,'" Grassley wrote. "Given that Vera could receive almost a billion dollars of taxpayer funds under one contract alone, even a fraction of improper conduct can add up to large sums of money. A robust oversight structure needs to be in place to protect taxpayer dollars from waste, fraud and abuse."

Grassley elaborated on his concerns by referencing a Department of Justice inspector general report that found Vera did not comply with previous "essential award conditions."

"Vera did not comply with essential award conditions related to award expenditures including: personnel and fringe benefits, travel, supplies and other costs, consultants and contracts, and subawards," Grassley wrote. "Additionally, OIG found issues related to Vera's compliance with award special conditions, procurement practices, subrecipient monitoring, and financial reporting."

"The audit also found that Vera had $325,907 in expenditures 'that do not comply with legal, regulatory, or contractual requirements; are not supported by adequate documentation at the time of the audit; or are unnecessary or unreasonable,'" Grassley continued. "This example further demonstrates the need for transparency in how Vera and its subcontractors are using taxpayer funds and what HHS has done to employ robust oversight procedures and policies to ensure Vera is in full compliance with all applicable legal, regulatory, and contractual requirements."

Grassley posed a series of questions to Becerra, including on HHS oversight procedures, policies, and guidelines that are in place to ensure Vera is in full compliance with all applicable legal, regulatory, and contractual requirements.

HHS did not respond to a Fox News Digital request for comment by press time.

OVERSIGHT COMMITTEE PROBES 'NO-BID' DHS CONTRACT TO LAW FIRM TO HANDLE MAYORKAS IMPEACHMENT EFFORTS

The Vera Institute of Justice and the Acacia Center for Justice, a nonprofit linked to Vera and another left-wing immigration group, have combined to rake in hundreds of millions of dollars in taxpayer-backed government contracts since President Biden took office.

According to records previously reviewed by Fox News Digital, a vast majority of the money is going towards efforts to keep illegal immigrants in the United States. 

Vera has collected around $350 million from government contracts for immigration services in the past two years. The Acacia Center for Justice has also pocketed tens of millions of dollars in recent federal contracts. The progressive groups landed the contracts amid the escalating border crisis.

Vera received a $171 million HHS-funded contract last March to help unaccompanied minors avoid deportation, the records show. The contract has since paid out around $180 million with supplemental agreements as of December. 

The arrangement lasts until March but can hit as high as $983 million if renewed until March 2027. If extended, it will be the most significant federal contract the group has received for immigration-related services.

Vera has also secured other large government contracts since early 2021, including a $168 million contract in March 2021 for the same purpose of helping unaccompanied minors avoid deportation. During this time, the group also obtained smaller contracts ranging from $4 million to $12 million from other federal departments.

ICE SPENT $17M OF NO-BID CONTRACT TO HOUSE MIGRANTS IN HOTELS THAT WENT LARGELY UNUSED: DHS WATCHDOG 

Vera did not respond to a request for comment on Grassley's letter

Meanwhile, the Acacia Center for Justice, a Washington, D.C.-based nonprofit started from a partnership between Vera and Capital Area Immigrants' Rights, has received several "legal services" contracts from the Department of Justice last September that netted the group around $41 million in payments, records show.

The Acacia Center appears to have launched to expand Vera's work with illegal immigrants detained at the border. However, unlike Vera's government contracts for unaccompanied minors, the Acacia Center's contracts do not specify an age group for the legal services. 

Its partner organization, Capital Area Immigrants' Rights, also directs an adult defense program that provides information, support, and legal representation to illegal immigrants, according to its website. It also has a detained unaccompanied children's program that works with minors at the Office of Refugee Resettlement juvenile immigration detention centers in Maryland and Virginia.

The Acacia Center launched last year and received the contracts less than two months after getting a July 2022 determination letter from the Internal Revenue Service, which stated the group's effective date of tax exemption was Dec. 29, 2021, according to filings.

Impeaching Biden over border crisis is Republicans’ ‘only tool,’ Andrew McCarthy says

National Review contributing editor Andrew McCarthy published an op-ed Saturday claiming "the only thing" that can establish comprehensive security at the southern border is a presidential impeachment.

McCarthy asserted that the legislature and courts are unable to address illegal immigration, necessitating Republicans to threaten removing President Biden from office. 

Republicans moving to impeach Secretary of Homeland Security Alejandro Mayorkas are aiming "too low," he wrote in the piece.

MCCARTHY RULES OUT AMNESTY FOR ILLEGAL IMMIGRANTS AFTER BIDEN CALLS AT STATE OF THE UNION

"You probably don’t want to hear this again, but at this stage, the only thing that might — might — turn the tide and establish a semblance of security at the southern border would be for House Republicans to impeach President Biden for first causing the border crisis and then, over the course of the next two years, willfully exacerbating it, not out of incompetence but because it’s what his radical base demands," the National Review Institute senior fellow wrote.

McCarthy claimed that the Supreme Court is "powerless" to correct the massive influx of illegal migrants crossing the southern border, leaving the problem to be dealt with by individual states.

MCCARTHY, IN ARIZONA, SAYS ‘NO-ONE BELIEVES’ BIDEN ADMIN'S CLAIM BORDER IS SECURE

"For over a century, judicial rulings and congressional Democrats have nullified their powers to uphold the rule of law against trespassers," McCarthy continued. "If the Court won’t help them, the states must rely on Biden, and it is Biden who has quite intentionally left the border defenseless, knowing full well that the states would be besieged."

MIGRANT ENCOUNTERS HIT 156,274 IN JANUARY AS BIDEN ADMIN CLAIMS NEW BORDER MEASURES ‘ARE WORKING’

Acknowledging that the Democrat-controlled Senate would be unlikely to allow an actual impeachment, McCarthy made the case that impeachment articles could bring greater attention to the border issue.

"That is the last thing to which Biden and Democrats want attention called," he asserted. "Border security is an 80–20 issue, favoring not so much Republicans (who are far from uniformly solid on upholding immigration law) as individual candidates and officials who demonstrate seriousness about it, most of whom happen to be Republicans."

McCarthy concluded the article asserting that articles of impeachment were "the only available tool" for Republicans to push the issue to its breaking point.

"Joe Biden is not honoring his oath, and with Congress in a stalemate and state sovereignty nullified, only he can solve the border crisis he’s created. It’s that simple: Either Republicans use the only tool available to them to force Biden’s hand, or they are aiders and abettors," he wrote. "There is no middle ground."

DHS tapped left-leaning firm for potential Mayorkas impeachment efforts over southern border crisis

The private law firm retained by the Department of Homeland Security (DHS) for potential impeachment proceedings against secretary Alejandro Mayorkas employs individuals that heavily favor Democrats through political contributions, has aided the Democratic Party in their impeachment trial against President Trump, and has worked on several issues alongside left-wing groups, including immigration matters.

DHS tapped the New York-based Debevoise & Plimpton law firm to "help ensure the department's vital mission is not interrupted by the unprecedented, unjustified and partisan impeachment efforts by some members of Congress, who have already taken steps to initiate proceedings," a DHS spokesperson told Fox News Digital.

"DHS will continue prioritizing its work to protect our country from terrorism, respond to natural disasters, and secure our borders while responding appropriately to the over 90 Congressional committees and subcommittees that have oversight of DHS," the spokesperson continued.

According to government records, DHS entered into a potential $1.5 million contract with Debevoise & Plimpton on Jan. 26 that will disburse cash based on their work. The records show that the award runs until early January 2025 and could reach up to $3 million. 

DHS BRINGING ON PRIVATE LAW FIRM TO HELP WITH POTENTIAL MAYORKAS IMPEACHMENT PROCEEDINGS 

The Biden administration contract will potentially push cash to a firm whose employees give overwhelmingly to Democratic causes, including Biden's past candidacy. During the 2022 election cycle, individuals at the firm donated $289,000 of their nearly $310,000 in political contributions - or 95 percent - to liberal campaigns and committees, according to data compiled by OpenSecrets. 

These figures followed even higher 2020 figures where Debevoise & Plimpton employees showered liberal committees with 97 percent of their contributions. During that cycle, the firm's individuals combined to provide Democratic committees with slightly more than $1 million in donations. The largest recipient that cycle was Biden, who received nearly $245,000 from the firm's employees.

David O'Neil, a Debevoise & Plimpton partner, will lead Secretary Mayorkas' defense team if needed, Law.com reported. O'Neil is no stranger to impeachment efforts, as he aided House Democrats in their impeachment efforts against former President Trump.

Attorneys Anna Moody and Carter Burwell, former counsel to Texas Republican Sen. John Cornyn, will join O'Neil if impeachment efforts progress. 

HOUSE REPUBLICAN FILES ARTICLES OF IMPEACHMENT AGAINST DHS SEC. MAYORKAS

Debevoise & Plimpton has joined several left-wing groups on past matters, including working on asylum issues with Democracy Forward, which counts Democratic mega-lawyer Marc Elias as its board chair. The firm also touts its pro bono work with LGBTQ+ immigrants.

A DHS official told Fox News Digital that outside counsel is needed because the department's in-house lawyers don't have impeachment expertise. The official also pinned the blame on any potential outside counsel spending on what they described as reckless actions of some House Members.

Rep. Andy Biggs, R-Ariz., is introducing a new impeachment article against Mayorkas, accusing him of violating his oath of office and failing to enforce U.S. immigration law.

MAYORKAS SAYS HE WILL NOT RESIGN OVER BORDER CRISIS, INSISTS HE IS PREPARED FOR GOP INVESTIGATIONS

Biggs, who repeatedly has called for Mayorkas' removal, first introduced the articles in 2021 and accused him of having" engaged in a pattern of conduct incompatible with his duties as an Officer of the United States."

Mayorkas, a Cuba native who grew up in Beverly Hills, California, after his family fled the Castros, has been under fire for his handling of the southern border crisis. Republicans claim he has failed to adjudicate standing federal immigration laws and instead has overseen a deluge of illegal immigrants.

Mayorkas has said he will not resign over his handling of the border crisis and insisted he will be ready for future investigations by House Republicans while continuing to fulfill his daily responsibilities. 

Debevoise & Plimpton did not respond to a Fox News Digital request for comment. 

Migrant encounters hit 156,274 in January as Biden admin claims new border measures ‘are working’

There were more than 156,000 migrant encounters in January, the Biden administration announced Friday -- claiming that the numbers show that the new border measures are "working," despite the numbers being higher than last January.

The 156,274 encounters are slightly higher than the 154,874 encountered in January last year, and significantly higher than the 78,414 encountered in Jan 2021.

However, Customs and Border Protection (CBP) noted that the new numbers are a sharp drop from the record 251,978 encounters in December -- which marked a new record at the besieged southern border. It is the first month in 10 months where encounters were below 200,000 encounters.

Officials also said that the number of migrants encountered by Border Patrol entering illegally between ports of entry (128,410) was the lowest number seen since Feb. 2021. There were 21,661 processed by CBP at ports of entry, with 9,902 having scheduled an appointment on the new CBP One application the administration has promoted. 70% of those encountered overall were single adults.

BORDER PATROL APPREHENSIONS OF CHINESE NATIONALS AT SOUTHERN BORDER UP 800%: SOURCE 

While the numbers are historically high for January, which is typically a quiet month for the border, the Biden administration has been tying the significant drop since December as proof that border measures it introduced last month are working. The cornerstone of those measures is the expansion of a humanitarian parole program for Venezuelans introduced last year to include Nicaraguans, Cubans and Haitians. The program allows 30,000 nationals in each month if they did not cross illegally, had a sponsor already in the U.S. and met other conditions.

That was accompanied by an expansion of Title 42 expulsions to include those nationalities. The administration is also expected to introduce a rule that would make migrant ineligible for asylum if they had passed through another country without claiming asylum.

At his State of the Union address on Tuesday, Biden said the measures are working and said there had been a 97% drop in encounters of those nationalities. On Friday, CBP again attributed the drop since December to those measures.

"The January monthly operational update clearly illustrates that new border enforcement measures are working, with the lowest level of Border Patrol encounters between Ports of Entry since February of 2021," CBP Acting Commissioner Troy Miller said in a statement. "Those trends have continued into February, with average encounters of Cubans, Haitians, Nicaraguans, and Venezuelans plummeting."

However, those border measures face pushback from the left, who say the expansion of Title 42 is unjust and harms migrants' right to claim asylum. Meanwhile, on the right, 20 GOP states have sued the administration over the parole program, saying it breaches congressional limits on the use of parole -- which is to be used on a case-by-case basis for urgent humanitarian reasons or significant public benefit."

Conservative critics dismissed the new numbers. RJ Hauman, head of government relations at the Federation for American Immigration Reform (FAIR), said the plan is "one big shell game."

"They finally realized the crisis was beginning to become a political liability, so what was their solution? Unlawful parole abuse and processing at ports of entry through an app. This is the end result — lower numbers. It’s all a sham and it’s illegal," he told Fox News Digital.

STATE OF THE UNION 2023: BORDER OFFICIALS TAKE AIM AT BIDEN'S ‘MADDENING’ REMARKS ON MIGRANT CRISIS

Other critics have also expressed skepticism that the measures will have anything more than a short-term effect. Brandon Judd, president of the National Border Patrol Council, told Fox News Digital that cartels will likely replace migrants from those countries with other nationalities, as he said that had after the Venezuela program was introduced last year.

STATE OF THE UNION 2023: BIDEN RE-UPS AMNESTY CALL FOR ILLEGAL IMMIGRANTS, GOP REPS YELL ‘SECURE THE BORDER’ 

"So now all the cartels have to do is just go advertise services in other countries and replace the Nicaraguans, Cubans, Haitians and Venezuelans with a different population. And they always adapt. They're very good at adapting. If you do not enforce Title 42 across the board with every single country, we're never going to get out of this rut. The cartels will just adapt to our policies," he said.

Biden himself has said the measures by themselves will not solve the ongoing surge at the southern border, and has pushed Congress to pass a sweeping immigration bill unveiled on his first day in office.

Biden used his State of the Union to not only tout the recent measures, but also to call on Congress to pass parts of that bill -- includes more funding to the border as well as a pathway to citizenship for millions of illegal immigrants already in the U.S.

"America’s border problems won’t be fixed until Congress acts. If you won’t pass my comprehensive immigration reform, at least pass my plan to provide the equipment and officers to secure the border. And a pathway to citizenship for Dreamers, those on temporary status, farm workers, and essential workers," he said.

Republicans, who have blamed the Biden administration’s policies for the ongoing crisis and called for the impeachment of Homeland Security Secretary Alejandro Mayorkas, have largely balked at the idea of an amnesty for illegal immigrants. On Tuesday they were similarly unreceptive to Biden’s plea.

"Secure the border," some lawmakers yelled at the president.

Fox News' Bill Melugin and Griff Jenkins contributed to this report.
 

DHS bringing on private law firm to help with potential Mayorkas impeachment proceedings

The Department of Homeland Security is bringing on a private law firm to assist with potential impeachment proceedings against Secretary of Homeland Security Alejandro Mayorkas.

"The Department of Homeland Security has retained outside counsel to help ensure the Department’s vital mission is not interrupted by the unprecedented, unjustified, and partisan impeachment efforts by some Members of Congress, who have already taken steps to initiate proceedings," a DHS spokesperson told Fox News.

The spokesperson continued, "DHS will continue prioritizing its work to protect our country from terrorism, respond to natural disasters, and secure our borders while responding appropriately to the over 70 Congressional committees and subcommittees that have oversight of DHS." 

This is a developing story. Check back for updates.

Homeland Security Chair Mark Green: Southern and ‘cyber’ borders top focus for holding Biden, China to account

EXCLUSIVE: House Homeland Security Chairman Mark Green, R-Tenn., told Fox News Digital that securing America's southern and "cyber" borders are top priorities for his committee, as well as holding China to account after the spy balloon incident.

Green sent a letter to Homeland Security Secretary Alejandro Mayorkas Tuesday, first obtained by Fox News Digital, in which he demanded information about China's "espionage" in U.S. airspace.

In an interview ahead of President Biden's State of the Union address Tuesday, Green said the issue with the spy balloon saga is "twofold."

"One, how the [DHS] Office of Intelligence and Analysis, you know, functioned within all of the notifications and the decision making for not shooting down a spy balloon that invaded our, you know, airspace," said Green.

DHS SECRETARY MAYORKAS HIT WITH NEW IMPEACHMENT ARTICLE OVER 'RECKLESS ABANDONMENT' OF BORDER SECURITY

"And then, of course, we have oversight and have the Coast Guard inside Homeland Security. So they're very involved right now in the recovery of the stuff and securing the site where the balloon was shot down and landed in the ocean. So just making sure they have the resources to do their job," he said.

As for top priorities for his committee, Green said they are securing the southern border, as well as the country's "cyber" border.

"A lot of people don't think of cyber as a border. But I want to shift the paradigm a little bit and have people think of cybersecurity as the nation's fourth border," explained.

HIGH SPEED PURSUIT OF 12-YEAR-OLD, 15-YEAR-OLD MIGRANT SMUGGLERS ENDS IN SHOCKING CAR CRASH 

Another top focus will be to "reorganize and restructure" DHS to maximize effectiveness and efficiency because it's "unconscionable" what the Border Patrol have been put through due to demands on them by Biden's open border policies.

Green wasn't too enthusiastic about the possibility of impeaching Mayorkas, even though articles of impeachment have been put forward by some of his GOP colleagues. "My perspective right now is we're going to do some significant oversight. And when we're done, if the information that we gather shows that he's worthy of being impeached, we'll pass that off to [House Judiciary Chairman] Jim Jordan," he said.

"The Pentagon acknowledged that they had been monitoring this surveillance balloon for several days, yet took no action to prevent it from entering U.S. airspace. Even worse, news reports indicate that the Biden administration knew about the spy balloon for more than a week before it was shot down. This inaction is both dangerous and egregious," the chairman wrote in his letter to Mayorkas.

BIDEN ADMIN KEEPS PUSHING SWEEPING IMMIGRATION BILL, INCLUDING AMNESTY, TWO YEARS INTO MIGRANT CRISIS

He told Mayorkas that the Chinese Communist Party (CCP)'s access to sensitive information as it traveled across the country is especially troubling as the CCP seeks to steal U.S. info and "exploit" academic and scientific communities.

"The CCP's espionage in our skies – left unaddressed by this administration – is a serious concern to Americans. As members of the Committee with jurisdiction over the Department of Homeland Security (DHS), we must understand DHS' role in identifying, assessing, and tracking this threat," the letter continued, including a deadline of Feb. 17 for the requested info.

DHS did not immediately respond to Fox News Digital's request for comment on the letter.