Alejandro Mayorkas | |
|---|---|
 Official portrait, 2021 | |
| 7thUnited States Secretary of Homeland Security | |
| In office February 2, 2021 – January 20, 2025 | |
| President | Joe Biden |
| Deputy | John Tien Kristie Canegallo (acting) |
| Preceded by | Kirstjen Nielsen |
| Succeeded by | Kristi Noem |
| 6thUnited States Deputy Secretary of Homeland Security | |
| In office December 23, 2013 – October 28, 2016 | |
| President | Barack Obama |
| Preceded by | Jane Holl Lute |
| Succeeded by | Elaine Duke |
| Director ofUnited States Citizenship and Immigration Services | |
| In office August 12, 2009 – December 23, 2013 | |
| President | Barack Obama |
| Preceded by | Jonathan Scharfen (acting) |
| Succeeded by | Lori Scialabba (acting) |
| United States Attorney for theCentral District of California | |
| In office December 21, 1998 – April 20, 2001 | |
| President | Bill Clinton George W. Bush |
| Preceded by | Nora Margaret Manella |
| Succeeded by | Debra Wong Yang |
| Personal details | |
| Born | Alejandro Nicolas Mayorkas (1959-11-24)November 24, 1959 (age 65) |
| Political party | Democratic[1] |
| Spouse | Tanya Mayorkas |
| Children | 2 |
| Education | University of California, Berkeley (BA) Loyola Marymount University (JD) |
Mayorkas answering questions about vettingAfghan refugees. Recorded November 16, 2021 | |
Alejandro Nicolas Mayorkas (born November 24, 1959) is an American attorney and government official who was the seventhUnited States Secretary of Homeland Security, serving from 2021 until 2025. A member of theDemocratic Party, Mayorkas previously served as the director ofUnited States Citizenship and Immigration Services from 2009 to 2013, and the sixthdeputy secretary of homeland security from 2013 to 2016.
Mayorkas was born inHavana, Cuba. Shortly after theCuban Revolution, his family fled to Florida and later settled in California. He graduated fromUC Berkeley in history with honors, subsequently earning hisJ.D. fromLoyola Marymount University. After law school, Mayorkas worked as anassistant United States attorney and as theUnited States attorney for theCentral District of California in Los Angeles from 1998 to 2001.[2] In 2009, Mayorkas was a member of thepresidential transition team forBarack Obama, leading the team responsible for the U.S. Department of Justice's Criminal Division.[3] He was appointed by President Obama as the director of U.S. Citizenship and Immigration Services.[4] As USCIS director, Mayorkas implemented theDeferred Action for Childhood Arrivals (DACA) process in 60 days.[5] He led U.S. government efforts to rescue orphaned children following theJanuary 2010 earthquake in Haiti, and led the advancement of a crime victims unit that, for the first time, made it possible for the agency to issue the statutory maximum number ofvisas to victims of crime.[6]
On November 23, 2020, Mayorkas was nominated by President-electJoe Biden for the position of secretary of homeland security. Mayorkas's nomination received the endorsement of theFraternal Order of Police and several former secretaries.[7][8] He was confirmed by the Senate on a 56–43 vote on February 2, 2021, facing significant Republican opposition[9] over his stance on immigration, particularly his support for haltingborder wall construction and advocating for apathway to citizenship for illegal immigrants. He was sworn in by Vice PresidentKamala Harris the same day.[10]
Since Mayorkas became Secretary of Homeland Security,U.S. Customs and Border Protection has reported about 10 million nationwide encounters with removable noncitizens across the country. This includes a record 2.2 million encounters at the U.S.-Mexico border in fiscal year 2022, the highest in history. Additionally, 1.5 million "gotaways"—people who evaded capture—were estimated to have entered the U.S. during this period.[11][12][13]
Republicans have made sharp criticism of Mayorkas' policies and tenure, leading to hisimpeachment for dereliction of duty in a narrow and largely partisan 214–213 vote by the House of Representatives in 2024.[14] This came after an unsuccessful impeachment vote of Mayorkas one week prior.[15] Mayorkas is the first cabinet member to be impeached sinceWilliam Belknap in 1876.[16] The Senate voted 51–49 to dismiss the impeachment charges on April 17, ending the impeachment without a trial.[17]
Alejandro Nicholas Mayorkas[18] was born inHavana,Cuba, on November 24, 1959.[4] When he was one year old, his parents fled with him and his sister to the United States in 1960 as refugees, following theCuban Revolution. He lived inMiami,Florida, before his family moved toLos Angeles,California, where he was raised for the remainder of his youth.[19] Mayorkas grew up inBeverly Hills and attendedBeverly Hills High School.[20]
His father, Charles R. "Nicky" Mayorkas, was born in Cuba. He was aCuban Jew ofSephardi (from the formerOttoman Empire, present-dayTurkey andGreece) andAshkenazi (fromPoland) background. He owned and operated asteel wool factory on the outskirts of Havana.[19][21][22][23] Nicky Mayorkas studied economics atDartmouth College.[23]
His mother, Anita (Gabor),[23] was aRomanian Jew whose family escapedthe Holocaust and fled to Cuba in the 1940s[24][25][26] before leaving for the United States after the Cuban Revolution.[24]
Mayorkas graduated from theUniversity of California, Berkeley in 1981 with a Bachelor of Arts degree with distinction.[27] He received hisJuris Doctor in 1985 fromLoyola Law School, where he was an editor of theLoyola of Los Angeles Entertainment Law Review.[2]
After three years as a litigation associate in private practice, Mayorkas became an Assistant United States Attorney in theCentral District of California in 1989.[6] He prosecuted a wide array of federal crimes, developing a specialization in the prosecution ofwhite-collar crime, including tax evasion and money laundering.[23] His prosecutions included the successful prosecution of Operation PolarCap, then the largestmoney laundering case in the nation; the conviction at trial ofHeidi Fleiss on charges of federal conspiracy, tax fraud, and money laundering charges; the successful prosecutions of two largesttelemarketing fraud operations that preyed on the elderly; and the successful prosecution of ahealth care fraud andinsurance fraud conspiracy.[2]
Mayorkas served as the coordinator of the Southern California Telemarketing Fraud Task Force, overseeing the coordination of federal, state, and local law enforcement and regulatory agencies to combat telemarketing fraud aggressively throughout the Central District of California.[2]
From 1996 to 1998, Mayorkas served as Chief of the Office's General Crimes Section, overseeing the training and trial work of all new Assistant United States Attorneys in the Criminal Division. He received numerous awards from federal law enforcement agencies, including from FBI DirectorLouis Freeh for the successful prosecution of Operation PolarCap.[2]
In 1998, Mayorkas was recommended by SenatorDianne Feinstein and appointed by PresidentBill Clinton as the United States Attorney for the Central District of California, becoming the country's youngest United States Attorney.[28][2] He was appointed on December 21, 1998.[29]
Mayorkas oversaw the prosecution of high-profile criminal cases, including the prosecution of theMexican Mafia in death penalty proceedings, the prosecution of Buford O. Furrow Jr. for themurder of a federal postal worker and the hate-motivated shooting of children in a community center, the prosecution ofLitton Industries for the payment of bribes abroad, and the takedown of the violent18th Street gang usingRICO statutes.[2]
In late 2000, Mayorkas was one of many California officials who participated in efforts to obtain executive clemency for narcotics traffickerCarlos Vignali Jr., the son of a wealthy Los Angeles businessman. On his last day in office in January 2001, Clinton commuted Vignali's 15-year prison sentence, acontroversial decision.[30][31]
In September 2001, Mayorkas joinedO'Melveny & Myers as a litigation partner.[32] In 2008,The National Law Journal named Mayorkas one of the "50 Most Influential Minority Lawyers in America".[33]
Upon theelection ofBarack Obama in November 2008, Mayorkas was selected by the president-elect for a role in thepresidential transition leading up to theinauguration. He led the transition team responsible for the U.S. Department of Justice's Criminal Division.[3]
In 2009, Mayorkas was appointed by President Obama as the director ofU.S. Citizenship and Immigration Services (USCIS).[4] On May 20, 2009, the nomination was received by the Senate; on August 7, 2009, the nomination was confirmed by the Senate byvoice vote.[34] As USCIS director, Mayorkas ledUnited States citizenship through management efficiencies and fiscal responsibility, and safeguarding the integrity of the immigration system.[6] He implemented theDeferred Action for Childhood Arrivals (DACA) process in sixty days.[5] He led U.S. government efforts to rescue orphaned children following theJanuary 2010 earthquake in Haiti and led the advancement of a crime victims unit that, for the first time, resulted in the ability of the agency to administer the statutory maximum number ofvisas to victims of crime.[6]
For his work as director of USCIS, Mayorkas received awards from the Illinois Coalition for Immigrant and Refugee Rights, theCoalition for Humane Immigrant Rights of Los Angeles, and theMexican American Legal Defense and Education Fund.[35]
In 2015, aDepartment of Homeland Security Office of Inspector General (OIG) report criticized Mayorkas's oversight of theEB-5investor visa program, which offered lawful permanent resident status (green cards) to foreign investors who invested $500,000 into businesses that created jobs in the U.S.[36] The program's popularity greatly increased under Mayorkas's tenure.[36] The OIG report, which was the culmination of an investigation beginning in 2013,[37] focused on allegations that politically connected businesses were given special treatment under the program, focusing specifically on theSahara casino and hotel in Las Vegas, backed by then-Senate Majority LeaderHarry Reid, and an electric car company led byTerry McAuliffe and involvingAnthony Rodham.[36] The report concluded that "The juxtaposition of Mr. Mayorkas' communication with external stakeholders on specific matters outside the normal procedures, coupled with favorable action that deviated from the regulatory scheme designed to ensure fairness and evenhandedness in adjudicating benefits, created an appearance of favoritism and special access."[36] The "fast-tracking" of approvals for individuals involved in the casino program was controversial because it was made over the objections of USCIS analysts "who were suspicious about the source of the funds".[38]
Nominated by President Obama in June 2013, Mayorkas was confirmed as the deputy secretary on December 20, 2013, following a party-line Senate vote. Mayorkas' confirmation made him the first foreign-born person ever to run the department.[39][18]
The investigation by the OIG into Alejandro Mayorkas's actions as USCIS director—specifically, his intervention to expedite reviews for foreign investor visa applicants in three cases—sparked controversy and delayed his confirmation proceedings.[40][41] The inspector general's report found that Mayorkas's acts did not violate the law, but did create an appearance of favoritism.[40] InHouse Homeland Security Committee testimony in May 2015, Mayorkas expressed regret that his intervention created an impression of favoritism, but said his involvement was motivated by a desire to ensure that the applications were handled in accordance with the law: "I did not let errors go unchecked, but instead helped ensure that those cases were decided correctly, nothing more and nothing less."[41]
As deputy secretary, Mayorkas's led DHS's response to the2013–14 Ebola virus epidemic and2015–16 Zika virus epidemic.[40][28] His work also focused oncybersecurity.[41] He led the DHS's negotiations with Israel and China on cybersecurity.[42] A landmark agreement reached in 2015 with the Chinese government reduced, for a brief period,Chinese cyberattacks against American companies[43] aimed at the theft ofintellectual property.[44] After thenormalization of U.S.-Cuba relations, Mayorkas led the Obama administration's delegation to Cuba in 2015,[42] and negotiated with the Cuban government on port and cargo security and U.S.-Cuba travel.[25]
Mayorkas was also involved in the Department'scounterterrorism and anti-cybercrime efforts, as well as itspublic-private partnerships,[45] and efforts to fight antisemitism.[25] Under Mayorkas's tenure, DHS greatly expanded its Cyber Crimes Center inFairfax, Virginia, to aid the department's efforts to combat various cybercrimes, ranging from child exploitation to computer hacking and intellectual property theft.[46] Mayorkas was involved in efforts to address DHS's presence on GAO's "high risk list" for management challenges;[45] Mayorkas, as well as Homeland Security SecretaryJeh Johnson, acknowledged low morale among DHS employees (a longstanding problem that pre-dated the Obama administration) and took steps aimed at boosting morale.[47][48]
In October 2016, Mayorkas joined the law firm ofWilmer Cutler Pickering Hale and Dorr in the firm's Washington office.[49]
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On November 23, 2020, President-electJoe Biden announced his plan to nominate Mayorkas to be Secretary of Homeland Security.[50][51]Mayorkas had the support of theFraternal Order of Police[7] and endorsements from former secretariesTom Ridge andMichael Chertoff (who served underGeorge W. Bush) andJanet Napolitano andJeh Johnson (who served underBarack Obama), who said Biden "could not have found a more qualified person".[8] Most Senate Republicans however opposed the nomination;Josh Hawley delayed a speedy confirmation, and Senate Minority LeaderMitch McConnell urged his caucus to vote against confirmation.[52][53]
Ultimately, Mayorkas was confirmed on a 56–43 vote.[54][55] Republican SenatorsShelley Moore Capito,Rob Portman,Susan Collins,Mitt Romney,Lisa Murkowski, andDan Sullivan voted with the Democrats to confirm Mayorkas.[54] Mayorkas was sworn in by Vice PresidentKamala Harris on February 2, 2021, after his confirmation that day.[10] Mayorkas is the first refugee and first person born in Latin America to lead the department.[56]
Early on in his tenure, arrests surged at theMexico-United States border. In June 2021, the monthly number of intercepted migrants reached a decade high of 188,800.[57]
In May 2021, Mayorkas led the establishment of a task force dedicated to reuniting families separated at the southern border during the Trump administration. By early 2023, approximately 600 children had been reunited with their parents.[58][59]
On October 19, 2021, Mayorkas tested positive forCOVID-19 during a test performed as part of pre-travel protocol. He experienced mild symptoms, forcing him to cancel a trip to Bogotá, Colombia, and to reschedule a Senate hearing.[60]
Testifying to the Homeland Security Subcommittee of the House Committee on Appropriations on April 27, 2022, Mayorkas confirmed that the Biden administration will implement aDisinformation Working Group in the DHS to "develop guidelines, standards, [and] guardrails" to shape the department's longstanding effort to counter disinformation.[61][62] Three weeks later, after critics called the initiative "a violation of free speech" and its executive directorNina Jankowicz had resigned, the Disinformation Working Group was "paused".[63]
In September 2021, aphoto circulated of Border Patrol agents using their "long rein" to control horses; however, the photo appeared to show them "whipping" Haitian migrants. Upon its release, the image generated outrage. Initially, Mayorkas defended the actions of agents, but later, at a White House press conference, condemned their actions and pledged to investigate them.[citation needed]
In October 2022,The Heritage Foundation released emails that showed that, hours before the press conference, Mayorkas received emails that disproved the whipping claim, including from the photographer himself. Republicans condemned Mayorkas upon the emails' release. SenatorTed Cruz, RepresentativesAndy Biggs,Michael Cloud andVicky Hartzler had, by October 2022, raised the prospect ofimpeaching Mayorkas. Chief of theUnited States Border Patrol under President Obama and acting Commissioner ofU.S. Customs and Border Protection under President TrumpMark A. Morgan also condemned Mayorkas's actions.[64][65][66]
On October 31, 2023, Mayorkas testified before the Senate Homeland Security Committee that more than 600,000 people illegally made their way into the United States without being apprehended by border agents during the 2023 fiscal year.[67][68]
On January 17, 2024, anon-binding resolution denouncing the Biden-Harris administration's handling of the U.S. southern border passed theHouse of Representatives by a vote of 225–187, with 211 Republicans and 14 Democrats supporting it.[69][70][71]
From January 2021 through June 2024,U.S. Customs and Border Protection has reported about 10 million nationwide encounters with removable noncitizens across the country. This includes a record 2.2 million encounters at the U.S.-Mexico border in fiscal year 2022, the highest in history. Additionally, 1.5 million "gotaways"—people who evaded capture—were estimated to have entered the U.S. during this period.[11][12][13]
On July 25, 2024, theUnited States House of Representatives voted 220–196 to pass another resolution condemning the Biden-Harris administration for their handling of the U.S. southern border. Six Democrats voted with all Republicans in the House to pass the resolution.[72][73]
On November 9, 2023, RepresentativeMarjorie Taylor Greene filed a motion to impeach Mayorkas, citing a dereliction of duty and saying he "failed to maintain operational control of the [Southern] border".[74] The motion to impeach failed to pass on November 13, with the House of Representatives voting 209–201 to defer the resolution to theHouse Homeland Security Committee. Eight Republicans joined all Democrats in blocking the measure.[75][76]
On January 28, 2024, House Republicans introduced two articles of impeachment against Mayorkas, alleging "willful and systemic refusal to comply with the law" and breach of the public trust. Constitutional legal scholars and Democrats asserted Republicans were using impeachment to address immigration policy disputes rather than forhigh crimes and misdemeanors, of which there was no evidence.[77] Legal scholar and law professorJonathan Turley commented that the impeachment lacked a "cognizable basis" and that the inquiry had failed to show "conduct by the secretary that could be viewed as criminal or impeachable".[78] In aWashington Post opinion piece,Norm Eisen and Joshua Matz argued that an impeachment of Mayorkas on grounds of "maladministration" would violate the Constitution.[79] Former DHS secretaryMichael Chertoff, a Republican, wrote in aWall Street Journal opinion piece that "Republicans in the House should drop this impeachment charade and work with Mr. Mayorkas to deliver for the American people."[80] On the eve of a committee vote on the impeachment articles, the conservativeEditorial Board atThe Wall Street Journal also questioned the reasoning for impeachment, writing "A policy dispute doesn't qualify as a high crime and misdemeanor."[81]
On January 31, 2024, Republicans on the House Homeland Security Committee approved the articles along party lines for referral to the full House.[82][83] On February 6, 2024, the House voted against impeaching Mayorkas, nearly along party lines, with the final vote being 214–216.[84] Major media outlets variously characterized the failed vote as a "stunning rebuke", a "calamitous miscalculation", and a "story of a House in utter disarray".[85][86][87] On February 13, 2024, the House voted to impeach Mayorkas on a party-line vote of 214–213; three Republicans joined all 210 Democrats in voting no.[88] He was the first federal official to be impeached based solely on policy disagreements,[88] and the first Cabinet secretary to be impeached in 150 years.[89]
On April 17, 2024, the U.S. Senate voted through apoint of order that the charges were unconstitutional and moot by a vote of 51–48 on Article I (with Republican senatorLisa Murkowski voting "present") and 51–49 on Article II. Afterwards, the Senate voted, 51–49, to adjourn the trial.[17][89]
Mayorkas and his wife Tanya have two daughters.[90] He is a runner and playstennis andsquash.[40]
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