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As the Senate consider his nomination to be DHS Secretary, why did all Republicans oppose Ali Mayorkas's nom to be Deputy Secretary in 2013? I tell the story @TheDispatch. A thread. https://thedispatch.com/p/questions-for-bidens-choice-for-homeland
2. Days before his nomination hearing in 2013, the DHS Inspector General told Congress that Mr. Mayorkas was under investigation for using improper influence over the EB-5 visa program while USCIS Director. Whistleblowers accused him using the program to benefit insiders.
3. At the time, concerns about the EB-5 (immigrant investor) visa program were growing. Internal reviews by ICE and the Inspector General warned that the program was vulnerable to being exploited by national security threats, and that USCIS couldn't prevent fraud.
4. Sen. Tom Coburn (ranking member at the time) thought it unfair to hold a hearing and have him under oath while under investigation. Republicans boycotted. The nom stalled until Majority Leader Reid used the nuclear option for noms in Nov. His nom passed on a party-line vote.
5. In early 2015, Inspector General Roth issued his report. While finding no wrongdoing, Roth detailed three instances in which Mayorkas “intervened in the adjudicative process in unprecedented ways” in cases involving key politically connected stakeholders.
6. Looking back from 2021, preferential treatment in a visa program may seem like a weak allegation. At the time, the IG's findings suggested he was willing to use power on behalf of insiders, even if it meant issuing visas through a program vulnerable to fraud and nat sec risks.
7. Senators may also question his leadership of USCIS--including the agency's long struggle to transition from a paper-based system to process benefits. The IG reported the project was years behind schedule and a billion $ over budget by 2016. Those problems had real life costs.
8. Based on his experience alone, Mayorkas is qualified to lead DHS. But his party-line confirmation in 2013 and the 2015 findings of the inspector general investigation will raise ongoing questions. He could earn trust and respect by explaining what lessons he learned.
9. DHS faces many challenges, including recovering from the persistent instability of the past 4 years with so many vacancies in senior positions. If confirmed, Mr. Mayorkas will have one of the toughest jobs in government.
10. As Secretary, Mr. Mayorkas would be wise to follow Jeh Johnson’s example by committing to be a transparent and nonpartisan partner with Congress and to present a clear vision of where he wants to take DHS as it approaches its 20th anniversary.
