Homeland Security Secretary Alejandro Mayorkas’ feud with congressional Republicans reached the absurd Wednesday as he battled lawmakers over whether or not he was “smiling” while evading their questions.
With the shadow of a looming impeachment proceeding hanging over him, Mr. Mayorkas appeared before the House Judiciary Committee to try to rehabilitate his job performance and explain past remarks that Republicans said constituted perjury to Congress.
As he batted aside questions with answers that stalled, dodged or demurred, frustrated Republicans lashed out.
Some fumed that he couldn’t answer questions about what happened to 140 terrorism suspects whom agents detected at the southern border this fiscal year, nor how many of the 2.1 million illegal immigrants caught and released under President Biden have since been deported.
One lawmaker called Mr. Mayorkas the “most dishonest” witness he had seen.
When Rep. Victoria Spartz, Indiana Republican, chastised Mr. Mayorkas for “looking at us with a very smiley face” during the stonewalling, he’d had enough.
“Let me allow the record to reflect — I’m not smiling, nor have I smiled,” the secretary said.
The House is laying the groundwork for impeachment. The Homeland Security Committee released a report this month accusing Mr. Mayorkas of “dereliction of duty.”
As evidence of malfeasance, the report cited multiple “lies” to Congress and still more laws and court orders that the secretary has flouted.
“My constituents consider you a traitor,” said Rep. Ken Buck, Colorado Republican. He cited unfathomable death rates from fentanyl.
Seeking to spread the blame, Mr. Mayorkas said the dangerous synthetic opioid has been a problem for years. Republicans countered that the death rate from fentanyl overdoses has risen sharply in the past two years.
A key piece of the Republicans’ likely impeachment case against Mr. Mayorkas is testimony he delivered last year claiming his department had “operational control” over the border under the definition written into the Secure Fence Act of 2006.
“Yes, we do,” the secretary testified last year.
Under prodding Wednesday, Mr. Mayorkas said he wasn’t given a chance to fully explain himself. He said his point was that no administration has achieved operational control under the definition written into law.
He said there is operational control under his own definition, which looks not at results but at effort.
He said expecting his department to deal with the 11 million to 12 million illegal immigrants in the U.S. is too much, given the constraints of a broken system. As for newcomers, he said, Congress hasn’t given him enough money to detain illegal immigrants while their cases are pending in court — sometimes for six years or more.
Mr. Mayorkas defended his policy of using “parole” powers to allow unauthorized migrants to schedule appointments to be welcomed into the U.S. without legal visas.
He said the process reduces the number of people trying to sneak past the Border Patrol, cuts smugglers out of the equation and allows authorities to screen people before they arrive.
“It is of tremendous utility, and its results have proven productive,” he said.
Rep. Jerrold Nadler, New York Democrat, called the Republican complaints about Mr. Mayorkas “evidence-free.”
“Republicans have not established any legitimate grounds to impeach Mr. Mayorkas,” he said.
Republicans said Mr. Mayorkas gave real answers to Democrats’ questions while playing games with their questioners.
Rep. Jim Jordan, Ohio Republican and Judiciary Committee chairman, sent the secretary home with a list of questions, including how his parole powers are being used and what happened to the 140 people on the terrorist watchlist who were detected sneaking across the border from Mexico.
Verbal fencing between Mr. Mayorkas and congressional committees has become so commonplace that both sides seemed to approach the installment with little expectation of a constructive conversation.
Republicans who did seek answers to specific questions were disappointed.
Rep. Matt Gaetz, Florida Republican, was miffed when Mr. Mayorkas couldn’t say how many of the caught-and-released migrants have been deported, as the secretary has promised for those who don’t win their cases.
“The reason you’re smirking about it, and the reason you won’t answer my question, is because everybody gets the joke,” Mr. Gaetz said.
Republicans had sent a letter warning Mr. Mayorkas to come prepared with answers to that question in particular, and his failure to do so didn’t sit well.
Later in the hearing, Mr. Mayorkas said at least 1,000 of the 2.1 million catch-and-release migrants had been deported. He wouldn’t go beyond that characterization and said he would deliver better data later.
Mr. Mayorkas also wouldn’t answer when a lawmaker, seeking to draw a comparison to the border, asked him whether he locked his doors at night. “I take care of the safety of my family,” Mr. Mayorkas said.
Several Republicans questioned the department’s role in policing social media postings that the government deemed “disinformation” or “misinformation.”
“You are the walking, talking epitome of the very tyrant that our forefathers recognized would gravitate toward government service,” said Rep. Harriet Hageman, Wyoming Republican.
Mr. Mayorkas replied: “Your accusations are false.”
• Stephen Dinan can be reached at sdinan@washingtontimes.com.
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