There is a low rumbling of distant bi-partisan thunder echoing through the Oval Office: Four Democratic senators have publicly repeated concerns alongside their Republican colleagues about Homeland Security Secretary Alejandro Mayorkas and the potential repeal of Title 42. The edict that allows for swift removal of illegal border crossers will expire on Dec. 21, and the fear is that the surge will overwhelm federal agents and border town communities and resources.
“We will use the power of the purse and the power of subpoena,” said Minority Leader Kevin McCarthy (R-CA). “Let me be clear: Those responsible for this disaster will be held accountable.” Feeling the power of an incoming majority, McCarthy was not shy in calling for Mayorkas’ termination while threatening copious investigations into every nook and cranny of Homeland Security.
“If Secretary Mayorkas does not resign, House Republicans will investigate every order, every action, and every failure to determine whether we can begin impeachment inquiries.”
In a recent letter to the Biden administration’s punching bag on immigration, Democrat Sens. Mark Kelly and Kyrsten Sinema of Arizona, Maggie Hassan of New Hampshire, and Jon Tester of Montana wrote:
“We have expressed concern with DHS’ preparations for the end of Title 42, especially as the situation has deteriorated at times. Record annual encounters have led to untenable situations. In Arizona, shelters have been forced well beyond capacity. This month, El Paso has seen over 700 migrants released directly onto city streets due to overcrowding. This is unsafe and creates a dangerous situation for migrants and communities.”
Secretary Mayorkas is skating on thin ice.
Mayorkas Sort of Has a Plan
Enacting Title 42 during the COVID pandemic was a clever and strategic move by former President Trump. With a swipe of the pen, Trump curbed the influx of illegal crossings after decades of abuse. But last month, Senior US District Judge Emmet Sullivan declared that Title 42 was “arbitrary and capricious” and no longer in line with protecting Americans from the spread of COVID. A side note: the judge does not hang out or live anywhere near a border state or community. He is a lifelong resident of the DC area.
Alejandro Mayorkas (Photo by Kevin Dietsch/Getty Images)
Although he seems to be the most unpopular member of the Biden administration, Mayorkas, appearing before the Senate Homeland Security Committee earlier this month, insisted he has a plan to handle the chaos predicted when Title 42 is deactivated. “We are enhancing the consequences for unlawful entry,” he said with a vagueness one has come to expect of a government official. He continued: “especially with respect to individuals who seek to evade law enforcement, including removal, detention, and criminal prosecution when warranted.”
Brandon Judd, president of the national Border Patrol union, has expressed disgust with the people currently dictating immigration policy in the West Wing. “Once Title 42 goes away, it just means we’re going to be releasing even more people into the United States — which, of course, just encourages more people to come. Undoubtedly, they’re already advertising to those countries, saying, ‘Title 42 is now gone; you’re free to cross.’”
Projected numbers are 500,000 apprehensions a month once the ban is lifted and 13 million during President Joe Biden’s first term.
The Damage is Done
McCarthy has indicated that it may be too late to implement anything to cushion the blow when Title 42 goes away, except for one satisfying thing: make someone pay. And that someone in McCarthy’s view is Mayorkas: “His actions have produced the greatest waves of illegal immigration in recorded history. Our country may never recover from Secretary Mayorkas’ dereliction of duty.” Adios, Mayorkas, or face impeachment by a soon-to-be majority of angry, retaliation-bent Republicans – and expect little more than lukewarm support from the other side of the aisle.
