This attempted "fact-check" from the Heritage Foundation's new post-Trump DHS "senior fellows" (Wolf, Morgan, Ries) is not only disingenuous, it also gets a number of facts wrong. So I'm going to fact-check the fact-check. Come with me on a thread.
First, Chad Wolf makes an unprovable claim about motivations behind increased border apprehensions. Here's why it's wrong:
1) Apprehensions began spiking in May 2020, not "the last months" of Trump. 2) In the the actual "last months" after Biden won, apprehensions leveled off!
Chad Wolf's claim of a "border under control" pre-Biden is particularly disingenuous.
Note how he points to April 2020 as proof, ignoring that half the world was on lockdown and that single adult apprehensions—fully 2/3 of all apprehensions under Biden—began spiking in May 2020!
Next, Chad Wolf claims reduced border apprehensions in 2019-2020 were due to three things:
- The Migrant Protection Protocols (MPP/Remain in Mexico)
- Asylum Cooperative Agreements (ACAs/Safe Third Country agreements)
- "More construction of the border wall."
I'll address each.
Wolf says that "every single one of these effective policies was still in place on January 20, 2021." That's a half-truth at best, a lie at worst.
The only ACA ever to go into effect was suspended in March 2020 due to COVID. When Biden ended the ACAs they existed on paper only.
Similarly, Wolf's claim that MPP was still in place on January 20, 2021 is true, but also deeply deceptive.
MPP was effectively replaced by Title 42. Just 1.19% of people encountered from April 2020 to January 2021 were put into MPP—hardly the major deterrent Wolf is claiming.
Wolf's description of MPP is also very deceptive. MPP didn't end "fraudulent" asylum claims, it ended nearly ALL asylum claims through a system of kangaroo courts.
Less than 1% of people put into MPP ever won protection—compared to 13-18% for Central Americans inside the US.
Wolf is equally disingenuous when describing the ACAs. What the ACAs did was give the US the ability to deport people to a third country and force them to apply for asylum there—even if they'd never been there.
For example, the U.S.-Honduras ACA would have applied to Mexicans!
Chad Wolf also claims that "more construction of the border wall" was a cause of a decrease in apprehensions in 2019, and blames Biden's construction pause on skyrocketing numbers.
But that makes no sense. All that wall which supposedly decreased apprehensions is still there!
Wolf's segment ends by saying that "Biden inherited the most secure border in U.S. history, and promptly blew it apart."
So how does he get there? Pretending the 2020 border spike in single adults didn't happen, misrepresenting what Biden did, and making nonsensical arguments.
What's also notable about Wolf's segment is his total failure to mention Title 42; the most sweeping anti-asylum policy adopted by Trump in all four years... and one that Biden has largely kept in place!
Moving on to "Claim No. 2," which is written by Mike Howell.
Hard to fact-check this one because it's all this guy's opinion. Seriously. He tries to fact-checks the word "urgent" and basically says that if Biden doesn't do exactly what he wants, the response isn't "urgent." OK.
Moving on to "Claim No. 3," written by Lora Ries (who testified as the minority witness in the Congressional hearing I testified at last week).
Ries admits Biden's statement is true but calls it misleading, accusing Biden of effectively "throwing everything in the closet."
Unaccompanied children are worse off in Border Patrol custody, and images of crowded CBP cells were what sparked the mainstream calls of a "crisis." Ries is ignoring that when conflating CBP custody with ORR shelters. Plus, Biden is finally beginning to clear the shelters now!
Ries ends her "fact-check" with an opinion: unless Biden cracks down on migrant children, we'll keep seeing "sky-high numbers."
But the number of unaccompanied kids encountered in April will be 10-15% lower than March. We've already hit the peak, despite Biden changing nothing!
Moving to "Claim No. 4," which Chad Wolf responds to, where Biden said that DHS did not fully cooperate with the transition team, thus putting some blame on outgoing Trump officials (like Wolf himself) for the current situation at the border.
Wolf... is not happy.
Wolf claims that DHS officials met with the transition team more than 200 times to provide briefings, and suggests someone should FOIA them.
Of course, under FOIA all you'd be able to get was a confirmation the meeting happened and likely nothing on substance.
Now the meat of Wolf's counter to Biden's claim of a sabotaged transition: basically, "we told you not to do things we didn't like and you went ahead and did them."
Except... that doesn't refute Biden's claim. In fact, it supports it. All they did was warn, not prepare!
Wolf also attacks a strawman by deliberately misrepresenting what Biden said here.
Biden never said any staff was fired *during transition.* He says they learned after taking office that "[Trump's DHS] had fired a whole lot of people, that they were understaffed considerably."
So Wolf's defense to Biden's claim of transition team sabotage is to:
- Attack a strawman
- Say they met a lot and warned Biden not to undo Trump policies.
Notably absent? Claims that they dutifully prepared to carry out the new administrations' policies.
Taking a break now before I get to Claims No. 5 and 6, so will be back to this thread later.
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🚨The Supreme Court today gives Trump a license to engage in racial profiling, with Justice Kavanaugh writing in concurrence to expressly endorse ICE and Border Patrol targeting any Latinos they observe in Los Angeles speaking Spanish and then demanding their papers.
Justice Sotomayor is utterly scathing: "We should not have to live in a country where the Government can seize anyone who looks Latino, speaks Spanish, and appears to work a low wage job. Rather than stand idly by while our constitutional freedoms are lost, I dissent."
Sotomayor: "The [Gov't], and now the concurrence, has all but declared that all Latinos, US citizens or not, who work low wage jobs are fair game to be seized at any time, taken away from work, and held until they provide proof of their legal status to the agents’ satisfaction."
🚨NEW: Reversing *generations* of practice, the Board of Immigration Appeals gives ICE exactly what it demanded, ruling that any undocumented immigrant who entered illegally is categorically ineligible to ask a judge for bond — expanding mandatory detention by millions of people.
The new decision comes after the Trump admin announced in July that it would take the legal position that a 1996 law barred release on bond anyone who crossed illegally — despite no admin having EVER made that claim before. Now the BIA greenlights that completely novel argument.
The Board of Immigration Appeals has upheld grants of bond to people in this situation THOUSANDS of times in the past. NO ONE previously put forward the argument that they greenlit today — one that they claim is just a straightforward application of the law, not even ambiguous.
Trump is now moving to strip protections and deport the same people that he himself granted deportation protections to in his last week in office in 2021.
Trump’s order said protecting noncriminal Venezuelans from being sent back to Maduro was a matter of U.S. national interest.
Trump's DED order for Venezuela applied to anyone here before January 20, 2021. Only weeks later, Secretary Mayorkas granted Temporary Protected Status to Venezuelans here before March 9, 2021. So effectively speaking, this is the same group of people that Trump protected.
🚨NEW: Declarations filed in the lawsuit against the rushed attempt to deport 600 Guatemalan children reveals the chaotic way the Trump admin carried out the operation.
Children were taken out of bed after midnight to be rushed onto planes. One girl "was so scared she vomited."
Other declarations directly refute the Trump admin's claims that the children's parents requested their return to Guatemala.
One dad in Guatemala says he got "a strange call" two weeks ago saying that his daughter was about to be deported — despite never having asked for that.
One 17-year-old describes what happened to him on Sunday night. He says he was woken up at 2:00 in the morning and told to get his things. He was scared, so he prayed to God and hoped he'd be protected.
Throughout the fateful morning, no one told him what was happening.
NEW: The Trump admin plans to double the number of immigration judges, ordering hundreds of military lawyers to serve as immigration judges, despite flimsy legal authority to do so.
Notably, immigration law is infamously complex, and judges normally require months of training.
Many former JAGs serve as immigration judges today, having gone through a competitive hiring process. JAGs are often good lawyers, so I am not of the belief that they will all become rubber stampers. But the command pressure to deny will undoubtedly be *enormous.*
Indeed; the Trump admin has actually fired dozens of judges already and moved to purge many of the Biden appointees.
While I don’t believe military judges will be ordered to deny, they will undoubtedly be pressured to do so. And their inexperience will cause serious issues.
NEW: McCarthyism returns to immigration law, as @USCIS announces that it will begin screening applicants for immigration benefits for "Anti-America ideologies or activities." The term has no prior precedent in immigration law and its definition is entirely up to the Trump admin.
The full policy memo is here. The Trump administration says that it will use its discretion to deny immigration benefits to anyone it deems to have supported a group with "anti-American ideologies" or engaged in "ant-American activities." uscis.gov/sites/default/…
The new policy on "anti-Americanism" and discretionary benefits comes just days after the Trump admin tightened standards for naturalization, ordering a more searching analysis of whether applicants for citizenship have met the required "good moral character" standard.