Mayorkas' Legal Transgressions: Which Laws Were Broken?

Republicans have accused Alejandro Mayorkas, the US Homeland Security Secretary, of breaking the law by failing to enforce border mandates. Mayorkas is the second cabinet secretary in US history to be impeached. Republicans argue that Mayorkas has refused to uphold immigration law, but legal experts suggest that this is a difference in policy approaches rather than illegal activity. While Republicans have pointed to specific immigration statutes, they have not explained how Mayorkas has broken the law.

Mayorkas accused of violating the Immigration and Nationality Act

Homeland Security Secretary Alejandro Mayorkas has been accused of violating the Immigration and Nationality Act (INA) by releasing illegal aliens into the interior of the United States. The INA requires the Secretary of Homeland Security to detain inadmissible aliens arriving in the US or those already in the country without inspection. However, Mayorkas has been accused of releasing these aliens without issuing notices to appear for immigration proceedings.

The Republican-led House Homeland Security Committee has accused Mayorkas of "repeatedly disregarding" multiple immigration laws, including the INA. They argue that Mayorkas has abused his authority as DHS Secretary and has been derelict in his duty to secure the nation's borders. Specifically, they allege that Mayorkas has implemented policies that have actively encouraged and facilitated mass illegal immigration.

In response to these accusations, immigration law experts have countered that Mayorkas is being targeted for using immigration statutes in ways that differ little from his predecessors. They argue that the GOP's claims are based on policy differences rather than illegal activity. Doris Meissner, a former commissioner of the Immigration and Naturalization Service, stated that "this really is about policy differences and politics. These arguments that he's violated the law and violated court orders are a smokescreen."

While the GOP has focused its arguments on Mayorkas' alleged violation of the INA, it is important to note that the INA itself has been subject to differing interpretations. The statute states that migrants "shall" be detained while awaiting removal, but it has never been possible to hold every migrant in detention due to limited resources. The Biden administration, under Mayorkas' leadership, has tried to limit the use of detention, opting for electronic monitoring and requiring migrants to appear in court at a later date.

Despite the accusations, no court has reprimanded Mayorkas or the DHS for any failure to comply with a court order or violation of the INA. While the GOP has argued that violation of immigration laws is grounds for impeachment, legal experts suggest that the case falls short of the standard for impeachment.

Republicans claim Mayorkas broke the law by not enforcing border mandates

Republicans have accused Homeland Security Secretary Alejandro Mayorkas of breaking the law by refusing to enforce border mandates. They have initiated impeachment proceedings against him, alleging that he has violated immigration law and endangered national security. However, legal and immigration experts argue that these claims are unfounded and primarily reflect policy differences rather than illegal activity.

The GOP's central argument is that Mayorkas has willfully and systematically refused to comply with immigration laws, specifically the Immigration and Nationality Act. They accuse him of releasing illegal aliens into the country without proper detention or removal proceedings, which they claim is a "catch and release" scheme. Republicans also criticise Mayorkas for terminating the Migrant Protection Protocols, which they believe served as a deterrent to illegal immigration and fraudulent asylum claims.

Additionally, Republicans blame Mayorkas for the surge in illegal border crossings, arguing that his policies have encouraged aliens to enter the country illegally. They highlight the increasing encounters with Chinese nationals, some of whom have ties to the Chinese Communist Party and the People's Liberation Army. Mayorkas's actions, they claim, have put national security at risk and resulted in a significant increase in illegal drug smuggling, particularly fentanyl, which has led to an alarming number of deaths among Americans.

However, legal experts counter these claims by pointing out that Mayorkas's use of parole programs and alternatives to detention is not unlawful. They argue that the secretary has the legal authority to determine migrant detention priorities due to limited resources and backlogs in immigration courts. Furthermore, they emphasise that no administration has ever detained every migrant crossing the border, and Mayorkas is simply following precedents set by his predecessors.

While Republicans criticise Mayorkas for "parole" and "notices to appear," these practices have been utilised by previous administrations, including Trump's. Experts assert that the parole programs are used for those fleeing war or political strife and are not a means of subverting immigration laws. Additionally, "notices to appear" are a common way to manage the immigration court docket, and detention of every single person would be impractical and costly.

In conclusion, while Republicans claim that Mayorkas broke the law by not enforcing border mandates, legal and immigration experts suggest that these allegations are politically motivated and do not constitute illegal activity. The debate centres on policy differences and the interpretation of immigration statutes, with Republicans advocating for stricter enforcement and Democrats prioritising alternative approaches to border management.

Mayorkas allegedly refused to detain inadmissible migrants

Republicans have accused Alejandro Mayorkas, the Homeland Security Secretary, of breaking the law by refusing to enforce immigration statutes that prevent migrants from entering the United States without authorization. Mayorkas has been impeached for high crimes and misdemeanors, including the "willful and systematic refusal to comply with the law".

The bulk of the Republican argument against Mayorkas is based on language in the Immigration and Nationality Act that states migrants "shall" be detained while they await removal from the country. However, this standard has never been met, even in 1996 when the statute was updated, as there were not enough beds to accommodate all migrants.

Mayorkas has also been accused of violating the law by releasing illegal aliens into the interior of the United States. The Immigration and Nationality Act requires the Secretary of Homeland Security to detain inadmissible aliens or those without inspection while they are processed under expedited removal or placed in removal proceedings. However, Mayorkas has released these aliens without issuing notices for them to appear for immigration proceedings.

Mayorkas has defended his actions by stating that the Biden administration has tried to limit the use of detention, instead using electronic monitoring and requiring people to appear in court at a later date. He also claims that this is not simply flagging people into the country, but that these people are in legal proceedings.

Immigration law experts argue that Mayorkas is being targeted for using immigration statutes in ways that differ little from his predecessors. They claim that there are significant policy differences and that Mayorkas is being targeted for political reasons. They argue that the use of parole, which has been used for those fleeing war and political strife, is not unlawful, but rather a way to redirect flows and attempt to manage the immigration court docket.

Mayorkas accused of releasing illegal aliens without notices to appear

In 2021, Republicans introduced a bill to impeach Alejandro Mayorkas, the Secretary of Homeland Security, for "high crimes and misdemeanors". The bill accused Mayorkas of "a pattern of conduct that is incompatible with his duties as an Officer of the United States". Specifically, it charged him with failing to maintain operational control of the US-Mexico border and releasing hundreds of thousands of illegal aliens into the interior of the United States.

One of the main accusations against Mayorkas is that he has willfully refused to comply with the Secure Fence Act of 2006, which requires the Secretary of Homeland Security to take all necessary and appropriate actions to achieve and maintain operational control over the entire international land and maritime borders of the United States. The Act defines "operational control" as the "prevention of all unlawful entries into the United States". During the Trump Administration, the Department of Homeland Security constructed approximately 450 miles of new and replacement border wall system, with a further 285 miles either under construction or in the pre-construction phase at the end of Trump's term in January 2021. However, under Mayorkas' direction, the Department of Homeland Security terminated contracts for additional border wall construction, leaving key portions of the southern border unsecured.

Another accusation against Mayorkas is that he has willfully violated the Immigration and Nationality Act by releasing illegal aliens into the interior of the United States without issuing them notices to appear for immigration proceedings. The Act requires the Secretary of Homeland Security to detain inadmissible aliens arriving in the United States or aliens who are present in the country without inspection while they are processed under expedited removal or placed in removal proceedings. Mayorkas is accused of reinstituting the "catch and release" policies of the Obama administration, relying on aliens to report voluntarily to U.S. Immigration and Customs Enforcement (ICE) offices to be placed into removal proceedings. Department of Homeland Security data show that over 80% of these released illegal aliens fail to report to an ICE field office.

In addition to the above, Mayorkas is also accused of terminating the Migrant Protection Protocols, which provided a lawful pathway to process claims and served as a deterrent to illegal immigration and fraudulent asylum claims. He has also refused to tell aliens not to attempt to enter the United States illegally, with critics citing a statement from a White House press briefing on March 1, 2021, where he stated, "We are not saying, 'Don't come.'"

As a result of Mayorkas' actions and policies, critics argue that the border and the country are less secure, with an increase in encounters with US Customs and Border Protection personnel at the southwest land border, as well as a significant increase in illegal drug smuggling across the southern border.

Mayorkas allegedly violated laws regarding deportation of illegal aliens

Republicans have accused Alejandro Mayorkas, the Homeland Security Secretary, of breaking the law by failing to enforce border mandates. Mayorkas is the second cabinet secretary in American history to be impeached.

The allegations against Mayorkas centre on the claim that he has broken the law by refusing to enforce immigration statutes that prevent migrants from entering the United States without authorization. The Homeland Security Committee approved articles of impeachment against Mayorkas, stating that he pursued a "catch and release" scheme to allow inadmissible migrants into the United States. They also accused him of failing to comply with the Immigration and Nationality Act, which requires the Secretary of Homeland Security to detain inadmissible aliens while their claims are resolved.

However, Mayorkas has the legal authority to determine which migrants to prioritize for detention, given limited bed space and long backlogs in immigration courts. Immigration law experts suggest that Mayorkas is being targeted for using immigration statutes in ways that differ little from his predecessors. They argue that the case against him falls short of the standard for impeachment and is instead about policy differences and politics.

One specific allegation against Mayorkas is that he has violated laws regarding the deportation of illegal aliens. Mark Green, the chair of the House Homeland Security Committee, stated that Mayorkas has "willfully and systematically refused to comply with the laws passed by Congress." Mayorkas has issued guidance making it harder for ICE to detain and deport illegal aliens, and deportations have plummeted as a result. Mayorkas has also been accused of releasing criminal illegal aliens into local communities.

In response to these allegations, Mayorkas and his defenders argue that the Biden administration is trying to limit the use of detention, instead using electronic monitoring and requiring people to appear in court at a later date. They also claim that the parole programs used by the administration are in line with how they have been used previously and are not unlawful.

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