Homeland Security Secretary Alejandro Mayorkas defended President Joe Biden’s delay in taking executive action on the southern border during an interview with PBS NewsHour on Tuesday. Facing criticism from outgoing ICE Deputy Director P.J. Lechleitner, who argued the administration should have acted sooner, Mayorkas emphasized that earlier action would have likely faced litigation with uncertain outcomes.
Mayorkas highlighted what he described as progress under the Biden administration. “We are delivering to the incoming administration the most secure border in years,” he stated, noting that the monthly average number of encounters is now lower than in 2019. He credited executive actions taken in June 2023 for contributing to a reported 60% reduction in border encounters.
Pressed on why the administration waited until mid-2023 to act, Mayorkas pointed to challenges inherited at the start of Biden’s term. He cited the COVID-19 pandemic and the use of Title 42 public health authority, which remained in place until May 2023. Mayorkas noted widespread fears of surging border crossings once Title 42 was lifted, but argued those fears were not realized.
Mayorkas also blamed Congress for not providing resources requested by the Department of Homeland Security (DHS). “We sought funding for more Border Patrol agents, ICE officers, asylum officers, and immigration judges,” he said, claiming these requests were denied twice. He pointed to bipartisan negotiations in the Senate that produced what he called a transformative immigration reform bill, only to see it fail due to political opposition.
When asked why Biden did not act sooner through executive orders, Mayorkas maintained that earlier action would have faced immediate litigation. “The enduring solution is legislation,” he argued, reiterating the administration’s calls for Congress to address immigration reform.
The debate over border policy comes as the Biden administration prepares to transfer power, with Mayorkas touting what he views as progress on securing the border while critics point to missed opportunities and ongoing legal challenges.
