David J. Bier Profile picture
Jan 30 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

Oct 30
Today Cato published a comprehensive assessment of Trump’s record toward noncitizen criminals. Partly using FOIA data, we find Trump released more criminals, oversaw a major increase in criminal entries, and deprioritized criminal arrests. cato.org/blog/trump-rel…
Trump demonizes immigrants as uniquely criminal, even though all the evidence we have from the Census Bureau and other sources, show that they are less likely to commit serious crimes. But was Trump focused on the minority who do commit crimes? Image
Trump’s first week in office he *personally* revoked Obama-era memos that prioritized the detention and removal of serious criminals. Hundreds of agents were reassigned to low-level enforcement work targeting visa overstays rather than terrorists or traffickers. Image
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Read 12 tweets
Mar 4
🚨Dealing a devastating blow to those who want to restart expulsions, Border Patrol Chief @USBPChief just reported numbers that confirm a dramatic 70% decline in gotaways, or successful evasions of Border Patrol, since Title 42 ended in May 2023. cato.org/blog/border-pa…
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Even when arrests rose back to Title 42 levels, the number of gotaways remained low. This is huge win for the Biden administration which took a massive political risk by ending Title 42. It should stick to its guns and not reverse course now. Image
The gotaway rate, the share of crossers who evade, has remained at the lowest sustained level on record. This is a remarkable accomplishment that @USBPChief and @AliMayorkas should be touting. They are building a more secure border.
Read 6 tweets
Feb 15
Does the US have "open borders"? In my new paper, I provide the 1st-ever look at total green card requests over time. Since 1922, every year, most applicants didn't receive green cards. In 2024, just 3% will receive a green card, down from 99% in 1890. cato.org/briefing-paper…
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Applicants are not being denied primarily because they are not qualified, but rather because the numerical caps don’t allow them to receive green cards. The caps haven’t been adjusted since 1990. Since 1996: way more requests, but no more green cards. Image
I dug through thousands of pages of little-noticed archival records from the State Department to put together this complete accounting for the immigration backlog, but this period was what infuriated me the most: this is how we got the Jews of Europe killed. Image
Read 8 tweets
Sep 18, 2023
Fareed Zakaria believes Biden can simply say: "You can't come in" and then people wouldn't be able to come in and they'd stop coming. He thinks that it's political insanity for Biden not to play this card. But the card doesn't exist... washingtonpost.com/opinions/2023/…
Zakaria believes that most people are released **because of an asylum claim.** But this is easily disproven. Title 42 had outright banned asylum for 3 years, but people kept being released because of bottlenecks in the removal process. Now there's an asylum ban. Same thing!
If no one was ever released, would the total numbers entering detention fall? Certainly. But the number of people evading detection would rise (as it has during the Title 42/asylum ban era). Is that a politically useful answer to the problem? Doubtful.
Read 9 tweets
Aug 23, 2023
New US Sentencing Commission data show that 89% of convicted fentanyl traffickers in 2022 were U.S. citizens. The new data came out just as members of Congress were frantically whipping the public into a frenzy over the need to ban asylum to stop fentanyl cato.org/blog/us-citize…
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The new data are completely compatible with other data showing that 93% of fentanyl seizures occur at legal crossing points, where U.S. citizens are subject to the least scrutiny and have the right to enter whenever they want. Image
The government reported in July of this year that in 2021, it estimated that less than 3% of hard drugs are interdicted at ports of entry. This compares to an interdiction rate of more than 75% for illegal crossers. It's easier to get drugs undetected in than people! Image
Read 6 tweets
Jul 31, 2023
The @CatoInstitute just launched : an interactive online platform to allow Americans to experience the difficulties of obtaining legal permanent residence in the U.S. from an immigrant’s perspective. See if you can win! #greencardgame https://t.co/GdrUNomrVKthegreencardgame.com
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Players start abroad and see if they can obtain a green card by answering the same questions & overcoming the same challenges as America's immigrants. If you have the right combination of luck and legal expertise, you might get a green card this century. Then try for citizenship! Image
The U.S. system depends an incredible amount on factors beyond an individual's control: luck, subjective reviews, birthplace, etc. Birthplace can matter more than a 100K job. A bureaucrat's interpretation > an exceptional career. That's why we let players pick their background Image
Read 5 tweets

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