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

Feb 20
39% of the detainees disappeared to the Guantanamo offshore prison were deemed "low threat" by the Trump administration. Some of the individuals being detained at Guantanamo did not cross illegally, legally requesting asylum at a port of entry.Image
For over 2 weeks, people were being detained with no way to reach a lawyer. It was only yesterday in response to this lawsuit any effort was made to protect their rights. storage.courtlistener.com/recap/gov.usco…Image
Again, this is according to the Trump administration's own declarations! They are detaining low-risk offenders at an offshore prison, including people who have never violated any law. Image
Read 11 tweets
Feb 15
Among the most commonly accepted and yet utterly baseless political theories out there is the idea that you can "satisfy" nativist urges by giving into some of their demands. How much history do you need to refute this?
Did the Chinese Exclusion Act satisfy nativism?
The Japanese Gentlemen's Agreement?
The Asiatic Bar Zone?
The literacy act?
The 2-year Emergency Quota Act?
The Permanent National Origins Quota Act?
1930 public charge visa ban?
Deporting Mexicans?
Blocking Jews?
Blocking Jews did provoke a pro-immigration effect, but it didn't "satisfy" nativism. It embarrassed it, humiliated it, refuted it, exposed eugenics for the moral monster it was. This eventually led to the reform of the National Origins Act and the Refugee Act....
Read 6 tweets
Feb 14
Here are some funny exchanges from @bryan_caplan & @DanielDiMartino at @sfliberty.
-Caplan: "Why don't you restrict childbirth based on projected net fiscal burden like you want to do with immigration?"
-DiMartino: "It's immoral. I'd never support deporting even homeless Americans if it saves govt money."
-Caplan: "Oh, now it's immoral. Why?"
-DiMartino: "It's different. You're assuming everyone has a right to come like everyone born here has a right to be here."
-Caplan: "Why assume that everyone born here has a right to be here?"
-DiMartino: "Well, some people, I guess, do want us to change that..."
-Caplan: "Uh, yeah..." [chuckle]
-DiMartino: "But I'm not making a moral argument."
Wait, weren't you?
DiMartino: One of our first restrictions was ideological. We banned anarchists!
Caplan: So you'd ban much of this audience?
DiMartino: There were different kinds of anarchists.
Caplan: So you trust the govt to decide the good anarchists from the bad anarchists? [laughter]
Note: DiMartino would ban the only libertarian head of state: Milei, a self-described anarcho-capitalist (who he supports)
DiMartino: We should at least try to ban communists, just like we ban guns on airplanes.
Moderator: Not the right audience for banning guns.
DiMartino: Oh yeah... [laughter]
Read 5 tweets
Feb 3
NBC: Trump's admin is releasing immigrants arrested into the US. After 4 years of nonstop lies about Biden, Trump does exactly what Biden is doing. MAGA will have all the excuses about how it's really the Democrats' fault. But the facts will remain the facts! Image
NBC reports that they are releasing people but not anyone "convicted of a serious crime." Hilarious! On the one hand, Noem's out there insulting our intelligence by saying that they're only arresting "dirtbags." On the other hand, they aren't releasing any "serious" criminals! Image
Maybe that's because, per NBC, most people being arrested are not serious criminals. They can't have it both ways.
Read 5 tweets
Feb 3
Wow! The DHS notice to terminate TPS for 300,000 Venezuelans claims Venezuelan TPS holders cost the US government "billions of dollars". The citation is to testimony from a hearing at which I testified and where I point-by-point dismantled the testimony being cited...Image
You can watch me shred the testimony here. You can watch the whole hearing. There was never any response. The chairman of the committee ended up asking CBO to research the issue because he had lost confidence in his own witness's testimony.
CBO did study the issue and found that it would increase federal revenues by $1.2 trillion and reduce the deficit by nearly $1 trillion over 10 years. Image
Read 4 tweets
Feb 3
What Trump Has Done and Imminently Plans to Do:
A comprehensive review of the illegal, unconstitutional, and merely bad:
"The country is facing 4 years of indescribable lawlessness, waste, chaos, and economic uncertainty that will leave America smaller, poorer, and less free."Image
Link⬇️"He is diverting America’s military and all types of law enforcement at every level away from their primary public safety and security missions and toward this economically destructive and socially damaging project that will make America less safe" alexnowrasteh.com/p/what-trump-h…
Trump has completely shut down the US refugee entries indefinitely, canceling thousands of flights of people already authorized to enter and leaving persecuted applicants stranded around the world Image
Read 22 tweets

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