WASHINGTON D.C. – Alejandro Mayorkas, the former Secretary of the Department of Homeland Security (DHS), stated on Tuesday that the United States' immigration system is "broken" and acknowledged that the threshold for claiming "credible fear of persecution" was set too low. Speaking at a Politico Security Summit, Mr. Mayorkas's remarks represent a notable departure from his previous public assurances to Congress regarding the security of the nation's borders.
"I am not in a position to speculate, but I will tell you that I would be far more better rested and less punched." — Alejandro Mayorkas, Former Secretary of Homeland Security
During his tenure overseeing DHS, Mr. Mayorkas had repeatedly affirmed to lawmakers that the border was "secure" and that his department had control over illegal crossings. These assertions were central to his public posture despite rising numbers of migrant encounters at the southern border. However, at the recent summit, he candidly discussed the complexities and challenges of the system.
The conversation, moderated by Politico journalist Alex Burns, explored the Biden administration's immigration record. Mr. Mayorkas characterized the current system as "broken," a significant admission from the individual who led the department responsible for its oversight for four years. He further elaborated that the standard for migrants to claim a "credible fear of persecution" was "simply set too low," which he indicated allowed too many individuals to gain entry into the United States.
By the time President Biden entered the final year of his presidency, over 8 million migrants had reportedly crossed into the country. This substantial figure led to increasing political pressure on the administration to implement stricter border measures. In response to this pressure, President Biden signed an executive order in June 2024 targeting illegal crossings. This action, first reported by the New York Post in May 2024, came after years of what some critics described as insufficient action. Even within the Democratic Party, frustration grew, with some members publicly labeling the administration's initial response to the border situation as "political malpractice."
When asked by Mr. Burns if the administration's delayed action contributed to President Donald Trump's prospects for the White House, Mr. Mayorkas declined to speculate. "I am not in a position to speculate," he stated, adding a personal reflection: "but I will tell you that I would be far more better rested and less punched." This comment highlighted the personal toll of his role and the intense scrutiny surrounding border policy.
Mr. Mayorkas's earlier statements to Congress about border security ultimately contributed to his impeachment by the House of Representatives in February 2024. This marked only the second time in U.S. history that a sitting cabinet secretary had been impeached. Weeks after his impeachment, Mr. Mayorkas maintained his public stance, telling a House committee, "With the authorities and the funding that we have, it is as secure as it can be."
However, his appearance on Tuesday offered a different perspective. Mr. Mayorkas credited the June 2024 executive action with tangible results and expressed satisfaction with its implementation. "I was very pleased that in June of 2024, we took executive action that, I thought, made reforms that were sensible and that proved successful," he told Mr. Burns. He described the strategy as a two-pronged approach, combining stricter enforcement with expanded legal pathways for entry, aimed at reducing reliance on human smuggling networks. "Our tougher border stance in June of ’24 was coupled with an increased focus on providing lawful pathways for people to arrive at the United States outside the hands of smugglers — more secure and more humanitarian. Those two combined — our numbers dropped 70, 75%," Mr. Mayorkas asserted.
The summit also touched upon reports concerning the disappearance of tens of thousands of migrant children who entered the country through the Department of Health and Human Services’ Office of Refugee Resettlement, working in conjunction with Immigration and Customs Enforcement. Reports have indicated that over 7,300 child trafficking tips went uninvestigated during the period in question. When asked if former HHS Secretary Xavier Becerra should be held accountable for the children who went missing, Mr. Mayorkas refrained from directly assigning blame. "I know of the press reports, but I don’t know of the data," he responded, explaining his reluctance to judge another cabinet secretary's performance from an external position. "It’s very difficult for me to judge the competency or performance of another cabinet secretary, because one has to be in that position, understand the opportunities for success, the challenges that one confronts and I don’t think it’s fair for me to judge over the fence." His comments underscore the complexity of inter-agency responsibilities and the challenges in managing large-scale humanitarian and enforcement operations.