4.24 Letter To Sec Mayorkas
4.24 Letter To Sec Mayorkas
4.24 Letter To Sec Mayorkas
25, 2022
The Honorable Alejandro Mayorkas
Secretary
U.S. Department of Homeland Security
Washington, D.C. 20528
Dear Secretary Mayorkas,
We write to address your actions to dismantle the security of our nation’s southern border
and disregard for the enforcement of U.S. immigration laws. Your actions have willingly
endangered American citizens and undermined the rule of law and our nation’s sovereignty.
Your failure to secure the border and enforce the laws passed by Congress raises grave
questions about your suitability for office.
Your expedited and repeated rejection of President Trump’s successful Migrant Protection
Protocols (MPP) (a.k.a., the “Remain in Mexico policy”) demonstrates your willingness to
embrace an open-borders agenda that undermines America’s safety.
Despite pending litigation that ultimately resulted in a federal court requiring continued
execution of MPP,1 you issued a June 1, 2021 memorandum attempting to terminate the
program. Even after the United States Supreme Court declined to reverse the lower court’s
decision,2 you inexplicably issued another memo laying out plans to terminate the program.3
Additionally, evidence shows that although you have, on paper, restarted MPP, you have not
been administering the program in good faith, as required by the federal court order.4
Your attempts to unilaterally reverse policy in ways a federal court has repeatedly found in
violation of the Administrative Procedures Act, as well as 8 U.S.C. §1225, shows a willful
disregard for the law and the principles of separation of powers. You have been specifically
instructed by the court to implement the protocol in good faith or take new agency action
that complied with the law. You have done neither.
https://www.supremecourt.gov/orders/courtorders/082421zr_2d9g.pdf.
3 Memorandum from Secretary Alejandro Mayorkas, Termination of the Migrant Protection Protocols (Oct.
5 State of Texas v. Biden, Docket No. 21-10806 (5th Cir. Aug. 16, 2021)
6 Southwest Land Border Encounters, U.S. CUSTOMS AND BORDER PROTECTION,
GOVERNMENTAL AFFAIRS, 117TH CONG., REP. TITLED PRESIDENT BIDEN IS WASTING BILLIONS BY NOT BUILDING THE BORDER
WALL,
https://www.hsgac.senate.gov/imo/media/doc/GOBM%20Interim%20Report%20on%20Wall__Final.pdf.
2
2. Section (2)(a) of the Secure Fence Act of 2006 requires you to “achieve and maintain
operational control” over the southern border. Operational control is defined as “the
prevention of all unlawful entries into the United States, including entries by
terrorists, other unlawful aliens, instruments of terrorism, narcotics, and other
contraband.” Please provide details on how the Department is in compliance with
Section (2)(a) of the Secure Fence Act of 2006.
3. How much has it cost the Department of Homeland Security to cancel, pause, or
otherwise halt construction of physical barriers along the southern border
authorized and appropriated by law?
We look forward to hearing detailed, prompt answers to these questions. Ultimately, you
have a constitutional obligation to use all means available to protect our nation’s borders.
Current law requires you to maintain operational control of the southern border and detain
illegal aliens. You continue to fail to do so. This raises significant questions about your
commitment to securing our Homeland and the oath you took when taking office.
Sincerely,
Brian Babin, D.D.S. Jim Banks
Co-Chairman, House Border Security Caucus Chairman, Republican Study Committee
Kevin McCarthy Steve Scalise Elise M. Stefanik
Republican Leader Republican Whip Member of Congress
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