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

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
Jun 13, 2023
Legal immigration is *impossible* for nearly all immigrants wishing to immigrate to the U.S. legally.

You can’t just “get in line.” That’s a fiction perpetuated by those who want to keep immigration illegal.

My latest report explains why. Here’s the summary in 1 pic... 🧵 Image
U.S. immigration law's basic premise is that all immigrants are *guilty* until proven innocent.

Immigration is ILLEGAL unless you prove you fall into a narrow eligible category.

The result is that over 99% of people who want to immigrate legally cannot do so.
No one outside the U.S. is eligible for a green card unless they fall into one of five narrow exceptions...
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First Option: America’s Refugee Program—Accepts about 1 in 5,000 displaced people around the world, and the percentage accepted keeps dropping year after year. Image
Read 12 tweets
May 31, 2023
🚨Unprecedented Student Visa Denials in 2022: 35% Rejected. In 2022, consular officers denied a record 220,676 student visas. More than 1 in 3 student visa applicants were denied. This is a disaster as student visas are the jumping-off point for most skilled immigrants. Image
The United States is losing hundreds of thousands of talented students and future workers because the State Department claims too many of the students will want to stay permanently in the United States. cato.org/blog/unprecede… Image
One reason for the increase in the worldwide denial rate is that Chinese students (who the State Dept denies at lower rates) have stopped applying for other reasons, while Indian students who are denied at higher rates are applying more than ever. Image
Read 6 tweets
Sep 14, 2022
Fentanyl Is Smuggled for U.S. Citizens By U.S. Citizens, Not Asylum Seekers. Facts:
-Fentanyl trafficking is funded by US consumers: ~99% are U.S. citizens.
-US citizens were 86.3% of fentanyl traffickers in 2021, 10 times more than illegal immigrants cato.org/blog/fentanyl-…
>90% of fentanyl seizures happen at ports of entry. That U.S. citizens account for most fentanyl trafficking convictions is not surprising since U.S. citizens can easily cross through ports and are subject to less scrutiny than others.
It's not surprising that drugs are smuggled through ports by U.S. citizens because, according to the government, it is far easier to smuggle drugs through ports of entry than it is for a person to get across the border illegally without being arrested.
Read 6 tweets

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