Homeland Security Secretary Alejandro Mayorkas told lawmakers Wednesday that even so-called “sanctuary cities” should work with federal immigration officials to boot criminals in the US illegally — and acknowledged that he considers the migrant surge across the US-Mexico border to be a “crisis.”
Mayorkas, who was impeached by the House in February and has been accused by Republicans of a “willful” and “systemic” refusal to follow immigration law, talked up ICE’s so-called “287(g) Program,” a reference to a part of a 1996 federal law that permits ICE to collaborate with state and local law enforcement to identify and deport “incarcerated criminal noncitizens.”
“I believe that when an individual poses a threat to public safety or national security, their local or state jurisdiction should co-operate with Immigration and Customs Enforcement for the swift detention and removal of that individual,” Mayorkas said.
“I continue to believe that 287(g), when executed properly, is a force multiplier for our enforcement efforts,” the DHS chief added, though he sidestepped a question from Rep. John Rutherford (R-Fla.) about whether he wanted to expand the program.
Rutherford noted during the House Appropriations Subcommittee on Homeland Security hearing that former Acting ICE Director Tae Johnson told the panel last year that 287(g) was the “greatest thing since sliced bread because it acts as a force multiplier.”
At least two dozen states are home to agencies that have inked agreements with ICE under 287(g), according to the ICE website. Among them are New York’s Rensselaer County Sheriff’s Office
Mayorkas also conceded during the hearing that he would describe the US-Mexico border situation as a “crisis” when pressed by Rep. Ashley Hinson (R-Iowa)
“Yes, I would,” he said, “and as a matter of fact, I work every single day with the Department of Homeland Security to only strengthen the security of our southern border as well as the northern border.”
Multiple Republicans, including Hinson and Rep. Michael Guest (R-Miss.) conveyed shock at Mayorkas’ admission and said it was the first time they heard him describe the border outlook as a crisis.
“Congressman, first of all, it’s not the first time I’ve used that terminology,” Mayorkas replied to Guest.
“What we need to strengthen the security of the border is to pass the bipartisan legislation that would provide us with the legal tools and the resources to address what everyone agrees is a broken immigration system.”
Back in February, Senate negotiators unveiled a sweeping bipartisan border reform package.
Initially, Republicans had demanded comprehensive border reforms in exchange for a supplemental package to replenish aid to war-torn Ukraine, which triggered months of negotiations.
However, before the text of the deal even dropped, the measure was dead on arrival, with Republicans saying it did not go far enough. The deal flamed out in the Senate and got no traction in the lower chamber in February.
Throughout the hearing, Mayorkas repeatedly pleaded with lawmakers to dust off that legislation, adamant that in his over 22 years in the federal government, including 10 years at DHS, he had never “seen a proposal that is as tough on the border and to strengthen the security” as that deal.
Some Republicans ripped the DHS’ roughly $108 billion budget request for fiscal year 2025, which includes $62.2 billion in discretionary funding.
Hinson grilled Mayorkas about why his proposal suggested lowering the number of detention beds to roughly 34,000 after Congress pushed for 41,500 in its fiscal year 2024 appropriations.
Mayorkas explained that Congress bumped up the number during its late passage of appropriations for fiscal year 2024 last month and that DHS’ budget for the next fiscal year had already been in the works at that point.
“We will, of course, work with this committee and the Senate Appropriations Committee to ensure that the 41,500-bed capacity is sustained in the year ahead,” he pledged.
He also stressed that the bipartisan Senate border deal would have paved the way for 50,000 detention beds and noted that expanding the capacity requires additional personnel.
Guest needled Mayorkas over how Congress appropriated more funds for DHS’s discretionary budget in fiscal year 2024 than his department requested.
“I’m very concerned that you’re asking only for less than we’ve funded this year, but you’re asking for substantially less than the Senate bill, which you said that you agreed with,” the lawmaker noted.
Mayorkas reiterated that the budget request was being developed before fiscal year 2024 was completed by Congress.
The DHS chief is due to face a grilling over his budget request before the House Committee on Homeland Securty next Tuesday.
The chairman of that committee, Rep. Mark Green (R-Tenn.) had championed the push to impeach Mayorkas, which is expected to conclude with a Senate trial next week.
Mayorkas is facing two articles, one alleging that he chose not to enforce border laws and the second accusing him of lying to Congress about the border being “secure” as well as failing to comply with document requests.
Multiple Republican senators have voiced concerns that Senate Majority Leader Chuck Schumer (D-NY) will try to table the trial once those two impeachment articles get sent over to the upper chamber.
