‘We have not given up on Congress’ to act on immigration reform, Mayorkas says

Amna Nawaz:

Well, immigration continues to be a top issue this election year.

And following our reporting from the southern border this week, we're joined now by the secretary of homeland security, Alejandro Mayorkas.

Mr. Secretary, welcome back to the "NewsHour."

Alejandro Mayorkas, U.S. Secretary of Homeland Security: Thank you for having me, Amna.

Amna Nawaz:

I want to begin with what we found in our reporting over these last few days in Southern Mexico and the U.S.-Mexico border.

If you take a look at this map, this is one of the things that struck us. We spoke to dozens of people along the way who are planning on making their way to the United States. This is a list of their countries of origin that were all represented both down in Southern Mexico and up at the U.S.-Mexico border.

Some countries, people might expect, El Salvador, Guatemala, and so on, but also people from Senegal, Mauritania, China, Bangladesh. And we know, as those folks make their way to the U.S. southern border, those encounter numbers have been rising.

If you look at the trend over the last three years, we were seeing record highs,fiscal year '21, 1.73 million, up to 2.37 million in '22, and finally 2.47 million in '23. Now, we know the administration has been weighing executive action under some kind of presidential authority that could bring those numbers down by restricting asylum access if people enter illegally.

Will the president take that executive action?

Alejandro Mayorkas:

Amna, a couple points, very importantly, that what we are experiencing at the southern border is reflective of what the world is experiencing, the largest number of displaced people around the world since World War II, if not before then.

And so we mentioned the different nationalities of the individuals arriving at our border. That is what other countries across the Atlantic are experiencing and around the world, number one.

Number two, the answer is exactly what the bipartisan group of senators presented to Congress. And that is legislation that provides for much-needed fixes to what everyone agrees is a broken system and much-needed resources to implement those fixes. Legislation is what is needed. That is what is enduring.

Executive actions in the past have been challenged in the court, and executive actions without the accompanying resources will not meet the moment.

Amna Nawaz:

But absent congressional action, because we know that bill did not have a path forward in the Republican-led House, absent congressional action, does the president have authority?

There is a section of the Immigration and Nationality Act that says he can suspend entry if he finds that entry of migrants is — quote-unquote — "detrimental to the United States." Should he use that authority to bring down those numbers that you know are taxing resources in our system?

Alejandro Mayorkas:

We have not given up on Congress in terms of its ability to actually fulfill its responsibility to the American people.

We are always considering what we as an administration can do in the shadow of Congress' failure to act, but we continue to believe that Congress must and can act. We must have them deliver the solution, rather than live with the problem.

Amna Nawaz:

So no presidential action imminent?

Alejandro Mayorkas:

I am not in a position to talk about the deliberative process.

I can share with you that we deliberate each and every day how we can address the challenges that we confront. We hope that Congress does the same, meets the moment, and passes the legislation that was bipartisan in nature.

Amna Nawaz:

I have to ask you, because House Republicans moved very quickly to impeach you on the basis of those numbers we just saw. That was nearly a month ago. They have yet to send those impeachment articles to the Senate.

Has it been communicated to you when or if a trial might move forward?

Alejandro Mayorkas:

It has not.

And I will tell you, Amna, as I have said repeatedly, I am focused on the work. And the work includes the very challenge about which we speak now. And that is the challenge of an unprecedented level of worldwide migration, from which our hemisphere is not excluded.

Amna Nawaz:

You have previously indicated, though, on that point you would be willing to testify if there was a trial. Is that still the case?

Alejandro Mayorkas:

I will honor my obligations under the law, as I have done every single day for 22 years in my federal public service.

Amna Nawaz:

Related to immigration, we have been seeing a rising number of people fleeing Haiti in a downward spiral into violence in that nation.

The head of the U.S. Southern Command, General Laura Richardson, said yesterday that U.S. forces at Guantanamo Bay in Cuba are prepared to accept migrants from Haiti if they start to flee en masse. That would essentially mean U.S. officials intercepting them by sea before they reach the United States and taking them to Gitmo.

Is the United States prepared to do that?

Alejandro Mayorkas:

Earlier this week, Amna, we interdicted a vessel at sea, and we repatriated 65 Haitians to Haiti.

This is an incredibly important message for the people of Haiti to hear, and that is, one cannot take to the seas. It is far too perilous. We have seen too much tragedy. The world is focused on the instability in Haiti. We are very focused. We have plans for it. We have contingency plans. But the danger of the journey to the sea is something that an individual should not undertake.

Amna Nawaz:

Mr. Secretary, many will say, how can the U.S. send people back to Haiti, already the poorest nation in the Western Hemisphere, undergoing incredible amounts of violence right now?

That journey on the sea was probably the best option, in those people's minds.

Alejandro Mayorkas:

I would…

Amna Nawaz:

Why repatriate them now?

Alejandro Mayorkas:

Amna, I would respectfully disagree that it is the best option.

We are not insensitive to the challenges that Haiti is suffering and that the people of Haiti are suffering. It is not throughout the entire country, but certainly most acute in certain parts of it. And we are watching the situation and working with our international partners to address it each and every day.

Amna Nawaz:

I want to ask you about what several intelligence leaders have said recently when talking about the global threats and the growing threat to America at this moment.

The NORTHCOM commander, General Guillot, said recently that: "The likelihood of significant terrorist attack in the homeland has almost certainly increased since the beginning of the Israel-Hamas conflict."

FBI director Chris Wray said we have seen veritable rogues' gallery of foreign terrorist organizations calling for attacks against the U.S. in a way we haven't seen in a long, long time."

DNI Avril Haines has said: "While it's too early to tell, it's likely the Gaza crisis will have a generational impact on terrorism."

Do you agree with their assessments that this war has made the U.S. less safe?

Alejandro Mayorkas:

We are in a heightened threat environment. We have remarkable people throughout the federal government, in partnership with our state and local law enforcement, to ensure the safety and security of the American people.

It is incontrovertible that we are in a heightened threat environment. I have spoken of this to Congress and publicly as well. They are absolutely right. It demands vigilance on the part of the federal government, all government — levels of government, as well as the American people themselves.

Amna Nawaz:

But, to be clear, is that heightened threat environment because of this war?

Alejandro Mayorkas:

The terrorist attacks of October 7 and the continuing conflict in the Middle East certainly has exacerbated the situation and heightened the threat landscape.

Amna Nawaz:

I want to ask you briefly about a law that was enacted way back after 9/11, Section 702. That allows the government to collect communications of foreigners abroad targeted for intelligence purposes.

It expired in December. Congress has basically punted an extension into next month. It's now stalled in the Republican-led House. Are Americans less safe if lawmakers fail to renew 702?

Alejandro Mayorkas:

Yes.

Amna Nawaz:

Do you see that happening, the renewal?

Alejandro Mayorkas:

It is — I am hopeful that they will meet their obligation to give us the tools to protect the American people; 702 is a vitally important tool.

Amna Nawaz:

And…

Alejandro Mayorkas:

There are other tools that we have that also are extended from time to time, and we endure periods of uncertainty whether we will maintain those tools.

It is unacceptable. Our ability to use our counterdrone capabilities, when drones, the technology around drones, their utilization by our adversaries is only increasing,we have to have that counterdrone authority, and yet it is extended on short term each and every time. We have to be equipped with the tools that are useful in the protection of the American people.

Amna Nawaz:

Homeland Security Secretary Alejandro Mayorkas.

Mr. Secretary, thank you. We really appreciate your time.

Alejandro Mayorkas:

Thank you, Amna.