WASHINGTON — Homeland Security Secretary Alejandro Mayorkas on Wednesday defended the right to claim asylum, while delivering a sharp rebuke of “deterrence” policies the previous administration used to discourage migration to the southwest border.
In particular, Mayorkas took aim at the Trump administration’s use of its zero-tolerance policy to separate migrant families at the border.
“Sometimes the tools of deterrence defy values and principles for which we all stand. And one of those tools of deterrence that the Trump administration employed was deplorable and absolutely unacceptable,” he told members of the House Homeland Security Committee.
In his testimony, his first as secretary, Mayorkas often found himself fielding criticism from congressional Republicans on his response to increased border crossings.
Rep. Michael McCaul, R-Texas, told Mayorkas he believes “deterrence does work.” He also took issue with earlier remarks by Mayorkas and other Biden administration officials that the U.S. is not telling migrants “don’t come,” but rather, “don’t come now.”
Mayorkas responded to McCaul and other congressional Republicans by arguing against their claims of a “crisis” at the U.S.-Mexico border.
“If we want to speak of language, then let me speak of language,” he said. “I will share with you how I define a crisis. A crisis is when a nation is willing to rip a 9-year-old child out of the hands of his or her parent and separate that family to deter future migration.”
Mayorkas also defended the legal rights of migrants to seek humanitarian protection in the U.S. under asylum laws, after Rep. Dan Bishop, R-N.C, pressed him on whether his “don’t come now” remark encourages migrants to enter the country without authorization.
“A claim of asylum is a claim that is recognized by law in the United States of America. And an individual who makes a claim of asylum is not breaking the law by doing so,” Mayorkas said. “As a law enforcement officer, I enforce the laws of accountability as well as the humanitarian laws that Congress passed.”
The day before the hearing, Mayorkas said in a public statement that the U.S. is on track to encounter more migrants this year than it has in 20 years.
Homeland Security Chairman Bennie Thompson, D-Miss., in his opening remarks asked Mayorkas to discuss “how the department is responding” to the situation at the border and to explain “his vision for the way forward on homeland security.”
Border agents recorded more than 100,000 crossings in February, including more than 9,000 migrant children arriving without their parents, according to data published by U.S. Customs and Border Protection. Some of those encounters represent migrants who attempted to cross the border more than once.
These figures are significantly higher than the number of migrants encountered last year, but still remain below those seen in the spring of 2019.
According to Mayorkas, most of those migrants are single adults who are rapidly “expelled,” or turned back, under a public health directive. The U.S. has also continued to expel migrant families when Mexico has capacity, though unaccompanied children have been exempted from the order.
“The border is secure, and the border is not open,” Mayorkas said at Wednesday’s hearing.
