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Trump Calls for Mayorkas' Arrest Over Biden-Era Immigration Policies: "Beyond Incompetence"

Friday, July 4, 2025 by Zoe Salinas

Trump Calls for Mayorkas' Arrest Over Biden-Era Immigration Policies: "Beyond Incompetence"
Donald Trump and Alejandro Mayorkas - Image by © Collage/X/The White House and Flickr/National Museum of American History Smithsonian Institution

During a recent press conference, former U.S. President Donald Trump suggested that Alejandro Mayorkas, the former Secretary of Homeland Security, should face arrest for his involvement in executing the immigration policies of the Biden administration. Trump's remarks described Mayorkas' actions as "beyond incompetence."

In response to a journalist's inquiry about accountability for the border crisis, Trump stated, "If he wasn't pardoned, I would look into it." He further criticized Mayorkas, saying, "What he did goes beyond incompetence... someone gave him orders, and he followed them. But that doesn't necessarily absolve him of responsibility."

Despite the comment being prompted by a question about the lack of consequences for high-ranking officials in immigration decisions, Trump went further, suggesting a review of Mayorkas' legal standing. "He was very loyal; it must have been difficult for him to seriously discuss what he allowed to happen to this country," the former president noted.

Trump also dismissed the impeachment motion against the Cuban-American official, initiated by Republicans but unsuccessful in the Senate, as "false." Since 2021, Mayorkas led the Department of Homeland Security until January 20 of this year, frequently drawing criticism from conservative sectors for his management of the southern border and the increase in migration.

The Challenges of Border Management

Mayorkas' tenure was characterized by tensions at the U.S.-Mexico border, record levels of irregular entries, and efforts to implement a more humanitarian immigration policy following the "zero tolerance" approach during Trump's first presidency. From the start, Mayorkas urged migrants not to cross the border illegally, emphasizing in March 2021, "Give us time to build an orderly system," while stating that the borders were closed and the new system would take time to establish.

He was also vocal in criticizing the first Trump administration for "dismantling the immigration system," attributing the current collapse to policies like the termination of the Central American Minors Program and the dismantling of asylum mechanisms.

Biden's Humanitarian Visa Initiative

In January 2023, under the Biden administration and DHS coordination, a humanitarian visa program (parole) was introduced for up to 30,000 migrants monthly from Cuba, Venezuela, Haiti, and Nicaragua. This initiative aimed to curb unchecked migration through land and sea routes and channel it legally, provided applicants had sponsors and passed security checks. However, the policy came with a strict caveat: anyone entering illegally would be excluded from the program and deported.

This backdrop placed Mayorkas at the center of a political storm, accused by conservative voices of facilitating an "invasion," while migrant advocates criticized him for maintaining expulsions and not fully dismantling past restrictive policies.

The former secretary faced an impeachment attempt by the Republican majority in the House of Representatives, accused of "dereliction of duty" for his border management, though the process stalled in the Senate.

Legal Perspectives on Arresting High Officials

According to Trump's statements, legally arresting a former high-ranking official like the Secretary of Homeland Security is not a political decision but a judicial one, requiring concrete evidence of a crime. In the United States, even top government officials can face prosecution if criminal responsibility is proven, but the due process guarantees must be respected. As of now, there is no formal accusation or criminal investigation against Alejandro Mayorkas.

Understanding the Implications of Trump's Statements

What did Trump accuse Mayorkas of?

Trump accused Mayorkas of implementing immigration policies that were "beyond incompetence" during the Biden administration, suggesting he should be held accountable for his actions.

What is the current legal status of Alejandro Mayorkas?

As of now, there is no formal accusation or criminal investigation against Alejandro Mayorkas, and any potential legal actions would require concrete evidence of wrongdoing.

What was the purpose of the humanitarian visa program introduced by the Biden administration?

The humanitarian visa program aimed to manage migration legally by offering up to 30,000 visas monthly to migrants from certain countries, provided they met specific criteria, to reduce illegal border crossings.

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