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Mayorkas Border Manifesto: Why the DHS Secretary must be impeached

If this isn’t a reason to impeach Mayorkas, I don’t know what is.

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Alejandro Mayorkas

Listen to “The Smoking Gun: The Mayorkas Memo Telling Border Patrol to Stop Doing Its Job” on Spreaker.

DHS Secretary Alejandro Mayorkas issued a memorandum to top DHS officials on Sept 30, 2021, that set the stage for an open border policy that has resulted in the most dangerous national security situation the United States has ever confronted. That seven-page letter, written by Mayorkas and obtained by this columnist, is an open borders blueprint and reveals his purposeful failure to secure the southern border. Numerous retired and current DHS officials said it is sufficient enough for Congress to impeach him.

The Mayorkas policy, which has perpetuated a tsunami of people from all over the world to illegally enter the United States, is simplified and made clear in his memorandum. It is so direct that it is easy to see why the policy overrides almost all U.S. immigration laws by pushing all federal immigration agencies under DHS to exercise  “prosecutorial discretion” [ not the law ] to assess whether those who enter the country illegally should be given the right to stay, despite any criminal background or failure to qualify for asylum.

Some of the memo’s contents have been openly discussed by Mayorkas under questioning by lawmakers at hearings. Even parts of the policies have been exposed in reports but what makes this memo unique is that it is the roadmap the Biden Administration used to implement this failed open border policy that has become the biggest concern for most American voters.

And Mayorkas is the architect of the policy. It is a policy that fails to uphold the Constitution, and current immigration laws and turns Federal law enforcement officers and agents into de facto human traffickers.

“In exercising our discretion, we are guided by the fact that the majority of undocumented noncitizens who could be subject to removal have been contributing members of our communities for years,” states Mayorkas, as he goes on to list all the possible jobs illegal aliens are doing in the nation. “The fact an individual is removable noncitizen therefore should not alone be the basis of an enforcement action against them. We will use our discretion and focus our enforcement resources in a more targeted way.”

Those ‘targeted resources’ Mayorkas was referring to have mostly been directed at processing illegal migrants into the country and not deporting those breaking the law, according to lawmakers and DHS officials who spoke with me. I’ve documented for the past three years on both Fox News’ Sean Hannity and on SaraACarter.com the enormous resources used not to deport but to import illegal aliens into the country.

Rep. Andy Biggs, who is currently co-chair of the Border Security Caucus and the House Judiciary Committee, where he is the Chairman of the Judiciary Subcommittee on Crime and Federal Government Surveillance. told me Sunday that the memo in its entirety is Mayorka’s ideological push for open borders and it’s “his philosophy, cobbled together in place…the letter reflects his distorted thinking on border security.”

Mayorkas’ ‘distorted thinking’ has now led to calls for his impeachment. There are currently two articles of impeachment against Mayorkas. The articles charge him with “willful and systemic refusal to comply with the law” and a “breach of public trust.” This memo alone is evidence of that breach with the American public.

In the first article, the Republicans with the House Homeland Security Committee state that Mayorkas “has repeatedly violated laws enacted by Congress regarding immigration and border security…His refusal to obey the law is not only an offense against the separation of powers in the Constitution of the United States, it also threatens our national security and has had a dire impact on communities across the country.”

Republicans accused Mayorkas in the second impeachment article of “knowingly making false statements to Congress and the American people and avoiding lawful oversight to obscure the devastating consequences of his willful and systemic refusal to comply with the law and carry out his statutory duties.” And although the feckless Senate may not have the votes to make the impeachment stick, it will expose those Republicans who truly are open borders advocates from those who believe in the Constitution and the rule of law. It would require a two-thirds majority to convict and remove Mayorkas from office.

If there was ever a reason for impeachment, Mayorkas fits the bill. His impeachment will send a clear message to the Biden Administration and Senators on both sides of the aisle that gig is up and that our nation’s security must be the priority.

Mayorkas ushered in the administration’s expansive use of  “prosecutorial discretion”  that allowed our borders to become an open gateway for our adversaries, drug cartels, terrorists and people from all over the world, stated Joel Maldonado, a recently retired Border Patrol Supervisor, who spoke for the first time about the memo to me on, The Sara Carter Show podcast Sunday.

“When we are not upholding the law but being forced to commit treason it puts everyone at risk, it’s demoralizing and they are lying to the American people,” said Maldonado, who published his first book on his 28 years with the Border Patrol, A Binding Oath: A Border Patrol Journey and the Mayorkas Effect. 

Maldonado, who retired in March 2023, had never seen the Mayorkas memo until this year. He said it coincided with the policy his station in Texas had to abide by and a dangerous policy “that continues to this day.”

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Photo by Drew Angerer/Getty Images

“The memo itself is a smoking gun, it’s proof that the administration usurped the law with this prosecutorial discretion policy, along with so much more,’ he said. He described how he and other supervisors would put agents out on the border to conduct enforcement instead of using them all for processing illegal aliens into the country when directed to do so by DHS. He said “We would do this out of sight of Washington D.C. and DHS but then be scolded later if we increased our apprehensions. They wanted us to process and they didn’t care how many more people came in or what the consequences would be.”

The seven-page memo was emailed from Mayorkas to Director Tae Johnson, U.S. Immigration and Customs Enforcement; Acting Commissioner Troy Miller, U.S. Customs and Border Protection; Director Ur Jaddou, U.S. Citizenship and Immigration Services; Robert Silvers, Under Secretary of Office of Strategy, Policy, and Plans; Katherine Culliton-Gonzalez, Officer for Civil Rights and Civil Liberties and Lynne Parker Dupree, Chief Privacy Officer with the Privacy Office.

Many areas of the memo are striking but one that stood out was the list of reasons and excuses that Mayorkas gives can be used when attempting to not deport illegal aliens that clearly present a danger to the nation or have violated U.S. law.

This memo “brings to the forefront the official policy of Alejandro Mayorkas to open wide our southern border,” Biggs stated, adding that he believes Congress has the votes to impeach the DHS Secretary.

One of the most stunning parts of the memo refers to the ‘threat to public safety.’  Mayorkas said those threats possibly posed by illegal aliens are ‘not to be determined according to bright lines or categories. Instead, it requires an assessment of the individual and the totality of the facts and circumstances.’

He lists reasons for enforcement action, such as, “sophistication of criminal offense, use or threatened use of a firearm or dangerous weapon, serious prior criminal record” but then follows with mitigating reasons as to what could constitute a reason not to deport them.

He states,  “There can be mitigating factors that militate in favor of declining enforcement action: 

  • advance or tender age
  • lengthy presence in the United States
  • a mental condition that may have contributed to the criminal conduct, or a physical or mental condition requiring care or treatment
  • Status as a victim of crime or victim, witness, or legal party in legal proceedings,
  • the impact of removal on family in the United States, such as loss of a provider or caregiver,
  • whether the noncitizen may be eligible for humanitarian protection or other immigration relief
  • military or other public service of the noncitizen or their immediate family;
  • time since an offense and evidence of rehabilitation;
  • conviction was vacated or expunged

Maldonado said the list of excuses to allow illegal criminals to stay “is basically a strict warning to supervisors” in Border Patrol, ICE and other agencies that deportation was no longer a priority. The priority was ensuring that those who came in illegally stayed in the country, regardless of status, asylum claims or failure to properly vet them for national security threats.

What’s more disturbing in the Mayorkas border manifesto – is not just how he ties the hands of federal agents and risks the national security of our nation – but how he exonerates himself and the Biden Administration from any possible repercussions due to a dangerous open border policy.

“The civil immigration enforcement does not compel an action to be taken or not taken. Instead, the guidance leaves the exercise of prosecutorial discretion to the judgment of our personnel,” Mayorkas states.

Maldonado, and numerous other retired and current Border Patrol supervisors and agents, told me this guidance gives the federal officials – including Mayorkas – cover,  by putting the onus on the federal law enforcement officers who are forced to process people into the nation, and not the administration’s policy.

One current ICE supervisor, who spoke on condition of anonymity, summed it up by saying, “It means if anything goes wrong – if there’s a terror attack or something of that magnitude because of what Mayorkas has done – it will be the poor BP agent or ICE officer that will be blamed…Even though we have been the ones forced to let in the criminals and terrorists because of Mayorkas’ policy.”

If that isn’t a reason to impeach Mayorkas, I don’t know what is.

Follow Sara A. Carter on X at @SaraCarterDC 

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EXCLUSIVE: Former Trump appointee explains an ‘America First Strategy’ in the ME

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Photo: Israeli Government

The author interviewed Ellie Cohanim, one of the authors of the new book: “An America First Approach to US National Security.” Ellie is the former U.S. Deputy Special Envoy to Monitor and Combat Antisemitism under the Trump administration. She is currently a Senior Fellow with the Independent Women’s Forum focusing on Iran, Israel, and global antisemitism, and is a national security contributor for the Christian Broadcasting Network. In 2021, Ellie launched and hosted for Jewish News Syndicate 30 plus episodes of the show “Global Perspectives with Ellie Cohanim.” Ellie spent 15 years in media and NGO management before serving in the public sector. How would you define an “America First” strategy in the Middle East?

Cohanim: An America First strategy in the Middle East would seek to advance American national security interests in that region, while maintaining our status as THE global superpower. To do that, the US would ensure that our principal allies in the region, countries like Saudi Arabia and Israel, are economically and militarily strong, and that our adversaries in the region are deterred.

Postal: How has the United States’ standing in the Middle East differed between the Trump and Biden administrations?

Cohanim: Under President Trump, for four years we had peace, stability and prosperity in the Middle East/North Africa (MENA) region. Under President Biden, in just three tumultuous years there has been war in the region, which holds the potential for becoming a regional conflict and even a nuclear confrontation. Meanwhile, the US’ status in the region and the world has diminished due to Biden’s disastrous mishandling of the Afghanistan withdrawal, his emboldening of the Islamic Republic of Iran, and his weak response to Iranian attacks on our personnel and assets in the region. 

 

Postal: Do you think the United States and Israel are/were in a stronger position to deter Iran’s nuclear and territorial ambitions in Biden or Trump’s administration?

Cohanim: America’s position of strength has not changed under either administration vis-à-vis the Islamic Republic of Iran. What has changed is our Iran policy. Under President Trump’s administration, the US contained and constrained Tehran. Trump applied a “Maximum Pressure” sanctions campaign which left the Iranian Regime with only $4 billion in accessible foreign currency reserves by the end of his term, giving the Iranians less cash and less ability to fund their terror proxies and their nuclear program, and Trump eliminated Qassem Soleimani. While all President Biden needed to do was to continue implementing such successful policies, his administration instead did the exact opposite.  Under the Biden administration, Israel, our leading ally in the region, was attacked for the first time directly from Iranian soil. This was an unprecedented escalatory attack by the Iranian regime, and could only happen under the Biden administration.

Postal: In your chapter of the book, you discuss the weakening of US relations with Israel and Saudi Arabia under the Biden administration. How has the Biden administration affected the likelihood of future normalization between Israel and Saudi Arabia, and deals between Israel and other Muslim countries (i.e., new Abraham Accords)?

Cohanim: The good news is that the Abraham Accords have withstood the test of multiple Hamas provocations against Israel, and now the current war. Despite numerous claims from the Biden administration regarding “successful” efforts to normalize ties between Saudi Arabia and Israel, I do not think that the Biden administration will be able to clinch such a deal. In the Middle East, people have a long memory. Saudi Arabia’s de-facto ruler Crown Prince Mohammed bin Salman (MBS) has not forgotten President Biden’s snub when he first came into office, and Biden’s incredibly poorly advised behavior towards the Crown Prince when he made his first visit to the Kingdom as president. The last thing the Crown Prince wants is to hand Biden his first foreign policy success with a Rose Garden peace deal ceremony. So, I do not believe President Biden can broker Saudi/Israeli normalization.

However, I am also convinced that it is a matter of “when” and not “if” such a peace deal will happen between those two countries, as it serves both of their interests to make such a deal. The Saudis understand better than anyone that it is the Islamic Republic of Iran that threatens the Kingdom’s security and stability, not Israel.

Postal: What do you think of the Biden administration’s latest statements withholding arms to Israel?

Cohanim: President Biden will go down in history for his abject moral failure in not standing by Israel while she fights a five-front war. Biden has shown his despicable personality for trying to keep his anti-Israel arms embargo concealed until he could first deliver a speech on the Holocaust. Biden’s behavior is despicable on so many levels.

Ultimately, Biden is betraying the American people. He came into office presenting himself as a “centrist Democrat,” but has proven repeatedly to be beholden to the radical, extremist, pro-Hamas wing of his party.

Postal: How does the Biden administration’s support of a Palestinian state differ from the Trump administration’s support of a Palestinian state under its Peace to Prosperity framework?

Cohanim: The Biden administration stated that they will “unilaterally recognize” a Palestinian state. What the borders of that state are and who would lead it, nobody knows. 

The Trump administration’s “Peace to Prosperity” was a detailed plan that was premised on the realities on the ground in Israel. The plan required that the Palestinians reach benchmarks proving a real desire to live in peace with their Israeli neighbors. It included over $50 billion in investment in the region, which would have been a road to prosperity for all. Perhaps most significantly, the Palestinian state envisioned under the Trump plan would have been demilitarized, the wisdom of which could not be more clear following the October 7 massacre and attack.

The author would like to thank Ellie Cohanim for participating in this interview.

 

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