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Sec. Mayorkas Can’t Cherry-Pick Laws to Enforce at the Border 

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"Once Title 42 is gone, that will all change, and the consequences will be dire." USCBP Image for illustration purposes
“Once Title 42 is gone, that will all change, and the consequences will be dire.” USCBP Image for illustration purposes

Texas Border Business

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WASHINGTON, DC –U.S. Senator John Cornyn (R-TX) discussed the United States v. Texas Supreme Court case, which centers on Secretary Alejandro Mayorkas’ memo directing Border Patrol agents to turn a blind eye to illegal immigration, and the immediate need for solutions ahead of the end of Title 42 in less than three weeks. Excerpts of Sen. Cornyn’s remarks are below, and video can be found here

“The case that I listened to oral arguments in hit very close to home because the style of the case was United States v. Texas, and it centers on a memo issued by the Department of Homeland and Security Secretary Alejandro Mayorkas, which he released last fall. In it, he provided specific confirmation – indeed, actually, direction – to our Border Patrol agents that they would no longer have any hard-and-fast rules when it comes to removing illegal entry into the United States, particularly by those who commit serious crimes.”

‘The Secretary just simply doesn’t have the authority to cherry-pick which laws he wants to enforce and which ones he doesn’t.’ 

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‘Unfortunately we’ve seen time and time again, not for days, not for weeks, but for months and even now years, the Biden administration has simply failed to clear this very low bar: enforce the law.’

‘Once Title 42 is gone, that will all change, and the consequences will be dire.’

“It defies all common sense to instruct a law enforcement officer to turn a blind eye when they encounter individuals who came here illegally and committed other crimes just because those crimes aren’t, in the opinion of Secretary Mayorkas, serious enough or because of the age of the individual or how long they have actually resided here in the United States.” 

“The state of Texas… is disproportionately affected because we have a 1,200 mile common border with Mexico, and we’re seeing the bulk of this wave of humanity and the drugs coming across the border, and it’s imposed a significant burden on our border communities and on our state. But I believe that the state provided a strong case that the Justices should vacate this dangerous and illegal memo once and for all.”

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A Large group of migrants at a US Port of Entry. USCBP Image for illustration purposes

“The Secretary just simply doesn’t have the authority to cherry-pick which laws he wants to enforce and which ones he doesn’t.” 

“Unfortunately we’ve seen time and time again, not for days, not for weeks, but for months and even now years, the Biden administration has simply failed to clear this very low bar: enforce the law.” 

“Just last month, the D.C. District Court Judge vacated the Center for Disease Control’s Title 42 order, and the Judge granted a five-week stay, which will expire here in less than three weeks.” 

A Large group of migrants at a US Port of Entry. USCBP Image for illustration purposes

“We have not heard any plan out of the Biden administration for how they’re going to do the job without that authority because they simply refuse to use any other authorities, like expedited removal, in order to discourage people from illegally entering the country.”

“Once Title 42 is gone, that will all change, and the consequences will be dire.”

“If you think this is bad – and two-thirds of the voters believe we are headed in the wrong direction – just get ready because it’s about to get worse.”

Senator John Cornyn, a Republican from Texas, is a member of the Senate Finance, Intelligence, and Judiciary Committees.

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