David J. Bier Profile picture
Jan 30, 2024 13 tweets 7 min read Read on X
🧵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:
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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*.
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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-…
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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
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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…

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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"?
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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! Image
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…
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Oh, and this is extra funny b/c it was Trump's DHS that illegally took money from the DOD to build the wall
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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?
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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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More from @David_J_Bier

Aug 20
Trump's immigration policy will increase deficits by nearly $1 trillion, says Penn Budget lab budgetmodel.wharton.upenn.edu/issues/2025/7/…Image
Taxes will need to go up to pay for the lost revenue, $180 per household, just to make up for the deportations. budgetmodel.wharton.upenn.edu/issues/2025/6/…Image
Peterson Institute says we're talking about 7% cut to GDP piie.com/blogs/realtime…Image
Read 7 tweets
Jul 27
Bill said I should read the affidavit. And WOW it shows that everything ICE has said publicly (and Fox and Bill have dutifully regurgitated as fact) about this surgical center case was a LIE. This was not a "targeted" operation, but a racial profiling incident gone bad!
DHS initially claimed that the officers were engaged in a "targeted" enforcement operation--that is, this was not a random racial profiling incident, but the affidavit repudiates this directly, saying the agents were on a roving patrol Image
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DHS initially claimed it had targeted them "as they exited their vehicle." The affidavit has them already outside the vehicle while their friend pees on the surgical center. This contradictory piss is legally irrelevant and looks like an ad hoc effort to discredit the workers Image
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Read 14 tweets
Jul 18
It appears that an order went out on January 28 of this year that resulted in the proliferation of ICE masking. Image
The irony is that the way this order is portrayed that it is about disclosing their identity, but perhaps this is not how it was interpreted on the ground or there was resistance on the ground to it. cnn.com/2025/01/27/pol…Image
I've actually found an agent partially masking from Jan. 27 but most agents are not. Image
Read 47 tweets
Jul 9
Every American should read this ACLU lawsuit about what is happening in California. It is the stuff of dystopian nightmares. This is not immigration enforcement. It is positively stuffed with videos and articles documenting racial profiling on a scale unseen since Jim Crow. Image
Fixing the link: Citizens being assaulted, arrested, and sent to jails. Military-style sweeps of Hispanic neighborhoods. This is what Congress just gave President Trump $150 billion to do to Americans in every state. storage.courtlistener.com/recap/gov.usco…
Completely irrelevant. This lawsuit is not alleging that it is illegal to deport Hispanic illegal immigrants. It is alleging that ICE and Border Patrol are harassing, detaining, and arresting Hispanics without any reason to believe they are here illegally
Read 5 tweets
Jun 20
I have obtained new nonpublic data from ICE that shows that 2/3 of the people it had booked into detention facilities this fiscal year had no criminal convictions at all. Less than 7% have violent convictions. Most convictions were for immigration, traffic, and vice offenses. Image
Every time you hear DHS say that anyone who objects to ICE's mass deportation campaign is pro-violent felons, understand that those violent convicts are less than 7% of its work for this year. It's misleading the public about what ICE actually does. cato.org/blog/65-people…Image
The number of noncriminals booked into ICE detention has more than doubled in recent weeks after Stephen Miller ordered them to deprioritize criminals and focus on arresting as many people as possible. Image
Read 6 tweets
Jun 6
Contrary to claims made by its proponents, the mass deportations' components of the Big Beautiful Bill will not improve its CBO score. Indeed, it will make it much worse. Accounting for lost net revenue from immigrants adds nearly $1 trillion in additional cost. Image
Adopting HR 1's flawed assumptions, mass deportations will likely account for 1/4 of the bill's total deficit. This is far more than many other hotly debated costs in the bill. Congressional Republicans didn't let the CBO account for deportations cato.org/blog/deportati…Image
Immigration/border policing already accounts for 2/3 of all federal law enforcement spending. 36 X IRS-Treasury, 21X ATF, 13X DEA, and 8X FBI. These are the most well-funded law enforcement agencies in America by far. Image
Read 14 tweets

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