David J. Bier Profile picture
@CatoInstitute Immigration Studies. Cato, not CATO. "Beer," not Buyer. Libertarian. 🇺🇸🇺🇸

Jan 30, 13 tweets

🧵OK, Mayorkas's impeachment: 1st 5 charges are Mayorkas not complying with various detention mandates, even though Congress has not funded this mandate and it would be unconstitutional detain everyone without feeding them. Even sleep deprivation conditions are unconstitutional:

They say his enforcement priorities that are mandated by 6 U.S. Code § 202 are illegal and cite a 5th circuit decision from 2022 that was *reversed by the Supreme Court*.

Oh, and guess what? Mayorkas in his first 2 years was less likely to release migrants than Trump's DHS secretaries were in his last 2 years, despite a massive increase in the flow. Charging Mayorkas over this is comical. cato.org/blog/new-data-…

They erroneously claim that Biden is abusing his parole authority, and look at this, they cite another 5th circuit decision REVERSED by SCOTUS. Here's SCOTUS direct refutation of this claim

Mayorkas is also charged with using parole to let in too many *legally*. Congress granted Mayorkas the power to decide whether to grant parole, and it's been used at least 126 times just like this by people in his position. Absolute madness: cato.org/blog/126-parol…

That's IT for the "law violations". Then you have the weakest possible charges: vague expressions that the border is "secure" or "closed" are perjury? Come on... Border Patrol caught a higher % now than almost any year. Is it a LIE to say that's "secure"?

Mayorkas terminating Trump policies is now impeachable! Even though SCOTUS said that he can end those policies, so they are not "statutory duties." Oh, and ending a policy that was removing 33/day didn't cause the border crisis. Give me a break!

Mayorkas terminated contracts for Trump's entirely pointless wall that is cut through a dozen times every single day and imposes more costs on Border Patrol and has even helped smugglers, but that's impeachable b/c he went against Trump! cato.org/blog/border-wa…

Oh, and this is extra funny b/c it was Trump's DHS that illegally took money from the DOD to build the wall

AND now with the final charge, we've left the realm of reality: Mayorkas didn't even end the asylum cooperative agreements that were basically never used! Oops wrong secretary. I guess they'll have to go back and impeach Blinken too b/c sure, why not?

So we've got citations to overturned court cases. We've got actions that Mayorkas never took. We've got demands that he detain people unconstitutionally. They want him to block *legal* entries, so more people cross illegally. They had 3 years to pull this together!

Mayorkas has made many mistakes, but it is nothing like the slew of illegal, unconstitutional, and immoral actions taken during the 4 years of the Trump admin, which resulted in the total destruction of the immigration system. This case is a joke.

As I testified: "More than 30 times, courts found that the prior administration’s policies were implemented illegally, but the assault was so relentless that many changes were not stopped. Nearly every single area of immigration law had been shredded." cato.org/testimony/bide…

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