Top White House adviser on migration issues leaving amid intense southern border policy blowback


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Katie Tobin, a top White House adviser on migration issues, is leaving after three years within the National Security Council, according to reports. 

Tobin had originally planned to leave her position as senior director for transborder security last summer, but the Biden administration persuaded her to stay on through the end of the year, NBC News reported.

Tobin’s departure comes as the administration faces intense criticism over its handling of migrants illegally crossing the southern border.

Tobin was part of a U.S. delegation that traveled to Mexico to discuss what can be done to decrease illegal crossings, and she led planning for the end of the Trump era Title 42 last year.

AS TEXAS FACES POTENTIAL FEDERAL STANDOFF, STATE AG SAYS BORDER LOOKS LIKE BIDEN ‘CUT A DEAL WITH CARTELS’

Migrants on the Mexico side of the border

Migrants in Ciudad Juárez, Mexico, on Jan. 17.  (Christian Torres/Anadolu via Getty Images)

National Security Advisor Jake Sullivan called Tobin “tenacious and dedicated” on migration efforts in a statement to NBC News. 

He added, “We will miss Katie’s positivity and thoughtful contributions on an incredibly complex portfolio, but wish her well.” 

Fox News Digital has reached out to the White House and National Security Council for comment. 

NOEM PLEDGES TO SHIP RAZOR WIRE TO TEXAS IF BIDEN STOPS ABBOTT

A replacement for Tobin has not been selected, an NSC spokesperson told NBC News. 

Just this week, Border Patrol agents near El Paso, Texas, caught 40 migrants involved in two human smuggling operations as the border hit its highest rate of migrant encounters last month, blowing away previous statistics.  

Migrants cross the Rio Grande River to enter the American Border

Border patrol agents and Texas National Guardsmen survey the area near the Rio Grande River in Eagle Pass, Texas. (Benjamin Lowy for Fox News Digital )

Sources with Customs and Border Protection told Fox News Digital that migrant encounters hit a staggering 300,000 incidents in the last month of 2023, reaching a level thought unimaginable just years ago.

Between Dec. 1 and 31, more than 302,000 migrants were documented attempting to cross the U.S. southern border

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It is the highest total for a single month ever recorded. It is also the first time migrant encounters have exceeded 300,000.

Fox News’ Michael Dorgan contributed to this report. 



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Trump ordered to pay tens of millions in E. Jean Carroll defamation trial


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A federal jury decided former President Trump must pay E. Jean Carroll more than $83 million in damages after he denied allegations he raped her in the 1990s.

The jury decided Trump must pay $18.3 million in compensatory damages, and $65 million in punitive damages.

Federal Judge Lewis A. Kaplan announced the jury’s verdict Friday.

TRUMP DEFENDS HIMSELF ON THE STAND, BLASTS E JEAN CARROLL TRIAL: ‘THIS IS NOT AMERICA’

A federal jury in New York City decided last year that Trump was not liable for rape but was liable for sexual abuse and defamation. The former president was ordered to pay $5 million in that trial.

Carroll, who alleged that Trump raped her at the Bergdorf Goodman department store across from Trump Tower in Manhattan sometime in 1996, was seeking $12 million.

E. Jean Carroll

E. Jean Carroll sued Trump for defamation after claiming he damaged her reputation as he vehemently denied her sexual assault allegation. (AP Photo/Eduardo Munoz Alvarez, File)

Trump, the 2024 GOP frontrunner, has repeatedly and vehemently denied the allegation. His denial resulted in Carroll slapping Trump with a defamation lawsuit, claiming that his response caused harm to her reputation. 

Trump took the stand briefly on Thursday in his defense. 

Former President Donald Trump

Former President Donald Trump speaks after exiting the courtroom for a break at New York Supreme Court, Dec. 7, 2023, in New York. (AP Photo/Eduardo Munoz Alvarez, File)

First, Trump was asked whether he saw his deposition played in court, to which he replied: “Yes.” 

Second, he was asked if he stands by his statements in the deposition, to which he replied: “100 percent. Yes.”

And third, he was asked if he ever threatened Carroll in his tweets and social media posts. 

“No,” Trump said. “I was only defending myself from what I believe was a false allegation.” 

The judge struck statements from Trump that went beyond a yes or no answer.

On the way out of the courtroom, Trump repeatedly said: “This is not America.”

Trump and his legal team insist that Carroll’s allegations are fabricated, with the former president’s initial reaction including an accusation that Carroll was motivated by wanting to sell copies of her book. 

Trump has repeatedly told Fox News Digital that he has “absolutely no idea who this woman is.” 

Trump, on his Truth Social account on Friday after closing arguments, posted that Judge Kaplan “refuses to allow the Anderson Cooper Interview on CNN of E. Jean Carroll wherein Carroll says, ‘Rape is sexy,’ and numerous other things that totally exonerate me.” Trump was referring to possible evidence being introduced in the trial. 

“Judge Kaplan is refusing me my Constitutional Right to Due Process, to defend myself against this False Accusation,” Trump wrote. “This is a one-sided trial, where the other side is allowed everything, and we are allowed nothing. He is an extremely abusive individual, the likes of which few have seen before!”

Trump, also on his Truth Social account last week, posted images of Carroll’s tweets dating back to 2015. In one image, Carroll wrote: “How do you know your ‘unwanted sexual advance’ is unwanted, until you advance it?”

Trump also posted that Carroll “has been ‘all over the place’ on the timing of this alleged ‘incident,’ which never took place, and is being coached by Lunatic Radical Left Democrat operative attorney, Roberta Kaplan, who has sued me before, and just lost.”

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“I am the only one who has been injured by this attempted EXTORTION,” Trump posted.

This is a developing story. Please check back for updates. 



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‘Sugar brother’ Kevin Morris loaned Hunter Biden $6.5M for debts, back taxes; more than previously estimated


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Kevin Morris loaned Hunter Biden approximately $6.5 million — over $1 million more than originally estimated and discussed, his attorney revealed in a letter this week. 

Fox News obtained a letter Kevin Morris’ attorney sent to the House Oversight Committee this week. The letter shows a breakdown of the loans and when Morris wants those loans repaid.

KEVIN MORRIS GAVE ‘MASSIVE’ FINANCIAL SUPPORT TO HUNTER BIDEN, RAISING CAMPAIGN FINANCE CONCERNS: COMER

Morris was subpoenaed to appear before the committee for a transcribed interview as part of the House impeachment inquiry.

During his interview, Morris testified that he loaned Hunter Biden at least $5 million and began paying his tax liability.

Hunter Biden, son of U.S. President Joe Biden, flanked by Kevin Morris, left, and Abbe Lowell, right, attend a House Oversight Committee meeting on January 10, 2024 in Washington, DC. The committee is meeting today as it considers citing him for Contempt of Congress. (Kent Nishimura/Getty Images)

Morris and his attorney were estimating during the interview, a source told Fox News, and promised to follow-up with exact figures loaned to the first son.

The letter outlines an additional $1.6 million more than Morris had estimated during the interview.

Morris, on Oct. 13, 2021, gave Hunter Biden a loan for approximately $1.4 million. According to the letter, Hunter Biden was to repay the loan, with $500,000 paid by Oct. 1, 2026 and the remaining $417, 634 by Oct. 1, 2027, plus interest.

A few days later, Morris loaned Hunter Biden $2.6 million, with directions to repay the loan by Oct. 1, 2029. That loan, according to Morris’ lawyer, “was used to pay, among other debts, Mr. Biden’s tax debt to the IRS.”

On Oct. 17, 2022, Morris loaned Hunter Biden $640,355 to be repaid by Oct. 15, 2027.

HUNTER BIDEN LAWYER TESTIFIES THAT 1ST TRUMP IMPEACHMENT CREATED ‘EMERGENCY’ TO FILE UNPAID TAXES

On Dec. 30, 2022, Morris loaned Hunter $685,813.99, to be repaid by Oct. 15, 2027.

On Dec. 29, 2023, Morris loaned Hunter approximately $1.2 million to be repaid by Oct. 15, 2028, with all interest paid by October 2029.

“As negotiated by separate attorneys for Mr. Morris and Mr. Biden, each of these notes has an interest rate of 5%, a set payment term, and were negotiated by separate attorneys for Mr. Morris and Mr. Biden,” the letter states.

Hunter and his lawyers

Hunter Biden, center, and his attorneys Abbe Lowell, right, and Kevin Morris, left, leave the House Oversight and Accountability Committee markup titled “Resolution Recommending That The House Of Representatives Find Robert Hunter Biden In Contempt Of Congress,” in Rayburn Building on Wednesday, January 10, 2024. (Tom Williams/CQ-Roll Call, Inc via Getty Images)

In the letter, Morris’ attorney, whose name is redacted, claimed House Oversight Committee Chairman James Comer and “other members” have ignored “the request we made to refrain from mischaracterizing Mr. Morris’ testimony in a public statement.” 

“One more time—I am asking that this letter and its information not be released out of its context of the questions and answers Mr. Morris gave at his transcribed interview on January 18, 2024,” the attorney wrote. “Nothing in this letter shall be considered a waiver of any of my client’s rights, objections, or claims, all of which are expressly reserved.” 

Morris told the House panel last week that “With respect to the loans, I am confident that Hunter will repay. I did not and do not have any expectations of receiving anything from Hunter’s father or the Biden administration in exchange from helping Hunter, nor have I asked for anything from President Biden or his administration.”

Special Counsel David Weiss charged Biden with nine federal tax charges, which break down to three felonies and six misdemeanors for $1.4 million in owed taxes that have since been paid.

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Weiss charged Hunter in December, alleging a “four-year scheme” in which the president’s son did not pay his federal income taxes from January 2017 to October 2020 while also filing false tax reports.

Hunter Biden pleaded not guilty to all charges.

Weiss also indicted the first son on federal gun charges in Delaware last year. Hunter Biden pleaded not guilty to those charges as well. His attorneys are attempting to have that case dismissed.

Fox News’ Lee Ross contributed to this report. 



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Haley takes aim at ‘confused’ Trump’s mental state in video railing against New York court proceedings


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Republican presidential candidate Nikki Haley took aim at former President Donald Trump’s mental state for the second time on Friday, questioning whether he was “confused again” after releasing a video showing him railing against the court proceedings in his New York City civil defamation trial.

In the video, Trump is seen blasting someone his campaign clarified to be E. Jean Carroll, the plaintiff in the case, saying he has “no idea” who she is, before referencing “somebody running for office.”

Trump didn’t mention any individual by name in the video, leading Haley to question whether he was “confused” by referencing Carroll as a political candidate.

HALEY FACES GROWING CALLS TO LEAVE 2024 RACE AS RNC NEARLY CONSIDERS DECLARING TRUMP THE PRESUMPTIVE NOMINEE

“Wait a second, did Trump just say the person suing him is ‘running for office?’ Is he confused again? I was not in a New York City courtroom yesterday, any more than I was in charge of security at the Capitol on January 6. I was in South Carolina meeting with voters. They’d like to see a debate between me and Trump,” Haley wrote in a post on X.

Her mention of Thursday’s court proceedings was in reference to Trump taking the stand in his defense at the trial. He has vehemently denied the allegation that he sexually attacked Carroll in a department store dressing room in the 1990s, which resulted in her slapping him with a defamation lawsuit, claiming that his response caused harm to her reputation.

Steven Cheung, a senior Trump campaign official, told Fox News Digital that Trump was actually referring to himself in the video when referencing “somebody running for office.”

HALEY CAMPAIGN LASHES OUT AT RNC, RONNA MCDANIEL OVER RESOLUTION TO DECLARE TRUMP PRESUMPTIVE GOP NOMINEE

Nikki Haley and Donald Trump

Former U.N. Ambassador Nikki Haley and former President Donald Trump. (Getty Images)

“President Trump was obviously referring to himself. Birdbrain is trying to grasp at straws to gaslight voters, because she’s nothing more than a Democrat with America Last policies that will destroy the country,” he said.

The attack on Trump’s mental fitness comes just days after Haley suggested he was in mental “decline,” and “not at the same level” as he was when he was first elected in 2016, after he appeared to confuse her with former House Speaker Nancy Pelosi.

The instance occurred while Trump was speaking in Concord, New Hampshire, last week, when he told the crowd: “By the way, they never report the crowd on Jan. 6. Nikki Haley, Nikki Haley, Nikki Haley. Do you know they destroyed all of the information, all of the evidence, everything, deleted and destroyed all of it?”

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House Speaker Nancy Pelosi

Former Speaker of the House Rep. Nancy Pelosi, D-Calif. ( (Photo by Drew Angerer/Getty Images))

“All of it, because of lots of things, like Nikki Haley is in charge of security,” he mistakenly said about Jan. 6. “We offered her 10,000 people, soldiers, National Guard, whatever they want. They turned it down. They don’t want to talk about that. These are very dishonest people.”

Fox News’ Brooke Singman and Brie Stimson contributed to this report.

Get the latest updates from the 2024 campaign trail, exclusive interviews and more at our Fox News Digital election hub.



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GA Senate launches committee to probe Trump prosecutor Fani Willis for ‘improper’ affair


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Georgia’s GOP-controlled Senate voted Friday to form a special committee to investigate Fulton County District Attorney Fani Willis amid revelations she had an ‘improper’ affair with subordinate counsel. 

The special committee would have subpoena power to investigate Willis over allegations she hired special prosecutor Nathan Wade for the case because of their alleged romantic relationship.

The Senate voted 30 in favor and 19 against the resolution.

Republican Sen. Greg Dolezal introduced the measure, saying that “the multitude of accusations surrounding Ms. Willis, spanning from allegations of prosecutorial misconduct to questions about the use of public funds and accusations of an unprofessional relationship, underscores the urgency for a thorough and impartial examination.”

FANI WILLIS WHO ‘RELISHED IN’ DONALD TRUMP PROSECUTION SHOULD BE REMOVED FROM CASE FOR ILLICIT AFFAIR: EXPERTS

Fani Willis speaking into microphone at church

Fulton County District Attorney Fani Willis speaks during a worship service at the Big Bethel AME Church, where she was invited as a guest speaker on Sunday, Jan. 14, 2024, in Atlanta. (Miguel Martinez/Atlanta Journal-Constitution via AP)

“We owe it to the public to ensure transparency, accountability and the preservation of the integrity of our justice system,” he added.

According to court documents filed last month by Michael Roman, a Trump co-defendant, Fani Willis, who brought election interference-related charges against Trump, has been having an “improper” affair with special prosecutor Nathan Wade, whom she hired to help prosecute the 2024 GOP frontrunner.  

According to the court documents, Wade, who has no RICO and felony prosecution experience, billed taxpayers $654,000 since January 2022.  

Roman’s filing alleges that Wade billed Fulton County for 24 hours of work on a single day in November 2021, shortly after being appointed as a special prosecutor, and that Willis financially benefited from her alleged lover’s padded taxpayer-funded salary by taking lavish vacations together on his dime. 

TRUMP BLASTS FULTON COUNTY PROSECUTOR FANI WILLIS AFTER ROMANTIC PARTNER ALLEGATIONS: ‘TOTALLY COMPROMISED’

split photos: Fani Willis, left and Nathan Wade right

Fulton County, Georgia District Attorney Fani Willis and special prosecutor Nathan Wade. (Getty Images)

Meanwhile in the state’s House of Representatives, Republican Rep. Charlice Byrd from Cherokee County announced plans to introduce H.R. 872 to impeach Wills, claiming she suffers from “Trump derangement syndrome,” Fox 5 Atlanta reported.

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Byrd is particularly critical of Willis for indicting Republicans “who used their First Amendment rights to question the results of an election – something other Democrats have done in the past when they post important elections,” Byrd said. Notable examples include Al Gore, Hillary Clinton, and Stacey Abrams, according to Byrd.

Additionally, Byrd highlights a potential conflict of interest in Willis hiring a “potential paramour” in the case against Trump. 

FULTON COUNTY PROSECUTOR, FANI WILLIS ROMANTIC PARTNER, MET WITH BIDEN WHITE HOUSE TWICE BEFORE CHARGING TRUMP

Fani Willis at podium speaking

Fulton County District Attorney Fani Willis speaks in the Fulton County Government Center during a news conference, Monday, Aug. 14, 2023, in Atlanta.  (AP Photo/John Bazemore)

Byrd also points out that a judge previously prohibited Willis from investigating Lt. Gov. Burt Jones due to her financial support for his opponent during his campaign for lieutenant governor.

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“The First Amendment is still the bedrock of this country and Fani Wills can overturn it because she has Trump Derangement Syndrome,” Byrd said. “It’s time our state lawmakers draw the line in the sand and put an end to her refusal to uphold the Constitution.”



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Texas lawmaker wants to revisit AG Ken Paxton impeachment charges


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A Texas state senator wants to reopen the impeachment case against state Attorney General Ken Paxton.

State Sen. Drew Springer, a Republican from Muenster, urged his colleagues in the Texas Senate to take a second look at impeachment charges against Paxton after the attorney general said he would not contest allegations in a whistleblower lawsuit. 

“He cannot admit guilt while claiming innocence,” Springer wrote on X. “I urge the Lt. Gov & my Senate colleagues to consider reopening Paxton’s impeachment. Paxton has not only admitted to violating the articles of impeachment, but he is exposing Texas taxpayers to a settlement of WELL OVER $3.3M. Texans deserve the truth!”

Paxton was acquitted in September of all impeachment articles filed against him for corruption and unfitness for office. He had faced accusations that he misused his political power to help real estate developer Nate Paul — allegations that stemmed from a lawsuit filed by four former employees who reported him to the FBI. 

TEXAS AG PAXTON ACQUITTED ON ALL IMPEACHMENT CHARGES: ‘THE TRUTH PREVAILED’

Texas Attorney General Ken Paxton in front of Supreme Court

Texas Attorney General Ken Paxton speaks outside the U.S. Supreme Court in Washington, D.C., on Nov. 1, 2021. (Drew Angerer/Getty Images)

The whistleblowers — Blake Brickman, Ryan Vassar, Mark Penley and David Maxwell — claimed that they were unjustly terminated for reporting Paxton. 

Springer voted for Paxton’s acquittal on 16 impeachment charges at trial in September. However, he now says that “recent developments have made me question whether AG Paxton and his legal team misled the Senate.” 

TRUMP WEIGHS IN ON TEXAS AG KEN PAXTON IMPEACHMENT TRIAL, ARGUES ‘ESTABLISHMENT RINOS’ WANT TO ‘UNDO’ ELECTION

Texas lt. Gov. Dan Patrick presides over impeachment proceedings

Texas Lt. Gov. Dan Patrick, center, and legal counsel Lana Myers, right, listen to defense and prosecution attorneys during the impeachment trial of Texas Attorney General Ken Paxton in the Senate Chamber at the Texas Capitol in Austin on Sept. 13, 2023. (AP Photo/Eric Gay)

What happened? Last week, the Office of the Attorney General said in a court filing it could “obtain a verdict in this case in its favor,” but instead moved to settle the lawsuit to “stop the self-aggrandizing political weaponization of our State’s courts by rogue employees who have what seems to be a monomaniacal goal to undermine the will of the voters,” FOX 7 Austin reported.

“Doing so precludes further unwarranted expense to the people of the State of Texas as well as the disruption to the State’s principal law enforcement arm — the time and personnel of which are more appropriately dedicated to the business of the State of Texas and not the personal, political agenda of four rogue, former employees,” the filing states.

EXTRAMARITAL AFFAIR DETAILS SURFACE IN HISTORIC IMPEACHMENT TRIAL OF TEXAS AG KEN PAXTON

Ken Paxton sits in historic impeachment trial

Texas state Attorney General Ken Paxton, center, sits with his attorneys Tony Buzbee, left, and Dan Cogdell during his impeachment trial in the Senate Chamber at the Texas Capitol in Austin on Sept. 5, 2023.  (Juan Figueroa/The Dallas Morning News via AP, Pool)

In the filing, Paxton stated, “OAG hereby elects not to contest any issue of fact in this case, as to the claim or damages.” 

Springer argues this amounts to an admission of guilt that should be reviewed by the legislature.

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“While AG Paxton claims this decision is not an admission of guilt, the fact of the matter is it is an admission of guilt. He can’t accept the whistleblower’s claims against him while touting that he’s innocent against those very claims,” Springer said. 

The Office of the Attorney General did not immediately respond to a request for comment.



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House GOP leaders eye Democrats for help on $80 billion tax bill as Republicans defect


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EXCLUSIVE: Lawmakers’ frustrations over Congress’ new tax bill are forcing House GOP leaders to rely on Democrat votes to get it over the line next week, sources said.

House leadership released details for the bipartisan agreement from House and Senate negotiators earlier this week, which includes tax deductions to bolster American businesses as well as a temporary extension of the Child Tax Credit (CTC). 

Three sources told Fox News Digital that they understand the bill will get a vote on the House floor next week. Normally, legislation will advance through the Rules Committee first and then get a procedural “rule” vote on the House floor, almost always along party lines, before needing a simple majority to pass.

But the sources told Fox News Digital that Speaker Mike Johnson, R-La., and Ways & Means Chairman Jason Smith, R-Mo., aim to push it straight to the House floor under “suspension of the rules,” bypassing procedural steps in exchange for raising the threshold for passage to two-thirds. 

JOHNSON CAUGHT BETWEEN WARRING HOUSE GOP FACTIONS: ‘DRIFTING TOWARD MOB RULE’

Mike Johnson at GOP presser

House Speaker Mike Johnson currently intends to hold a tax bill vote next week, sources told Fox News Digital. (Kevin Dietsch/Getty Images)

Republican hardliners weaponized the rule vote several times this session to bring down legislation by their own party in protest of House GOP leaders’ decisions. Johnson holds just a thin majority of 219 Republicans to 213 Democrats, so raising the threshold for passage of the bill, which is expected to be bipartisan anyway, means he’ll need at least 75 Democrats on board if the House is in full attendance.

“From everything I can understand, the issue is that Freedom Caucus folks are going to essentially bring down any of the rules that we have in the near future, as long as the immigration situation is hanging out there, and the budget situation is hanging out there,” a senior GOP aide said. 

The Freedom Caucus has previously held up the House floor over disagreements on government funding and border policy, issues that are still very much under discussion.

It’s not just them, however – Republicans who represent the politically fickle suburbs outside major cities in New York, California and elsewhere are frustrated that the tax bill does not touch state and local tax (SALT) deductions. 

Rep. Mike Garcia, R-Calif., who was part of a Thursday night meeting with Johnson and other Republicans concerned about the issue, said that lifting the $10,000 SALT deduction cap was critical to middle-class families. He also argued that it would be critical to deciding who holds the House next year.

HOUSE GOP ERUPTS IN DIVISION OVER CALL TO PUSH JOHNSON OUT OF SPEAKERSHIP: ‘WORKING FOR JOE BIDEN’

“The bill is not necessarily a bad bill. . . . I just think it’s asinine to not take advantage of this opportunity to address an issue that matters in districts that will determine who has the majority in the next Congress,” Garcia said before the meeting.

Meanwhile, top members of the ultra-conservative Freedom Caucus told Fox News Digital that hardliners have their separate issues with the bill, namely arguing that the CTC can be claimed by illegal immigrants who have children in the United States.

Mike Garcia

Rep. Mike Garcia, R-Calif., is among the swing seat Republicans frustrated at the bill. (Getty Images)

“The overall brand that the GOP right now is funding wars and tax cuts for corporations. I’m sorry. I was sent here to cut spending and to secure the border,” Rep. Chip Roy, R-Texas, said.

“Some of the tax policies I firmly support, but we should be making tax policy permanent, not these, like, temporary little additions. I think that’s a problem. And importantly, the child tax credits . . . going to children of people here illegally, and there not being real brakes on that possibility.”

Former Freedom Caucus Chairman Scott Perry, R-Pa., was blunter in his assessment: “I can’t imagine why we’re doing it, or why we’re attempting to do it. And it’s not improving a lot of the lives of the people that I represent, and so I’m very discouraged by it.”

CONGRESSIONAL LEADERS STRIKE DEAL TO PUNT GOVERNMENT SHUTDOWN DEADLINES

He said that allowing the CTC to go to illegal immigrants “is absolutely something that should be a red line for every single Republican,” and bypassing the rules to put the bill on the floor next week “should be a signal to everybody that you’re heading in the wrong direction.”

Chairman Smith pushed back against those accusations in a statement to Fox News Digital: “The Child Tax Credit reforms in this bill are pro-family policies that maintain the child tax credit structure of the Trump-era GOP tax reform. It halts any push for monthly checks and provides no special loopholes for illegal immigrants. In fact, the plan still requires a Social Security number for children, which was added in the 2017 GOP tax reform.”

“The Child Tax Credit provisions in this bill help families crushed by inflation, removes the penalty for families with multiple children, and maintains work requirements,” he said.

Reps. Scott Perry and Chip Roy

Rep. Scott Perry and Rep. Chip Roy are leading the Freedom Caucus rebellion against the bill. (Drew Angerer/Getty Images)

Garcia, who admitted he was still hopeful that something could be done on SALT deductions, confirmed that he had pressed Smith about the issue at another GOP lawmaker meeting last week. He pointed out the deduction caps were still expiring either way in 2025.

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“We can address this right now, on our terms, get a win out of it politically,” Garcia said. “Or we can do nothing, lose potentially a lot of races because we passed this opportunity to address SALT, which is very important to New York and California, and then try to have a conversation about the new policies when . . . we’ve lost the majority because we passed this opportunity to help the swing district members get a win on the SALT cap.” 

The bill was always likely to pass with bipartisan support, sailing out of committee on a 40-3 vote. But putting it up under suspension emphasizes the politically precarious position Johnson finds himself in while presiding over a razor-thin majority in one of the most divided GOP conferences in modern history.

Fox News Digital reached out to Johnson’s office for comment, as well as the offices of Majority Leader Steve Scalise, R-La., and Majority Whip Tom Emmer, R-Minn., but did not immediately hear back.



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Speaker Johnson says House will vote on impeaching Mayorkas ‘as soon as possible’


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Speaker Mike Johnson, R-La., told fellow Republican lawmakers that he intends to hold a House-wide vote on whether to impeach Homeland Security Secretary Alejandro Mayorkas “as soon as possible.”

Johnson made the announcement in a letter to colleagues sent on Friday, a copy of which was obtained by Fox News Digital.

“The facts show that President Biden and his Homeland Security Secretary Mayorkas have willfully ignored and actively undermined our nation’s immigration laws,” the speaker wrote. “Rather than accept accountability, President Biden is now trying to blame Congress for what HE himself intentionally created.”

Johnson pointed out polling that showed illegal immigration as an increasingly urgent issue for American voters.

‘SENSE OF HOPELESSNESS’: MICHAEL MCCAUL SOUNDS ALARM ON BORDER PATROL MENTAL HEALTH CRISIS

House Speaker Mike Johnson, R-La.

Speaker Mike Johnson wrote a letter to colleagues on Friday addressing border security talks. (Drew Angerer/Getty Images)

“The American people know better, and that’s why public opinion polls show the country has overwhelmingly sided with us on this issue. When we return next week, by necessity, the House Homeland Security Committee will move forward with Articles of Impeachment against Secretary Mayorkas,” he said. “A vote on the floor will be held as soon as possible thereafter.”

He also reaffirmed the House GOP’s support for Texas Gov. Greg Abbott amid a tense standoff with the federal government at the U.S.-Mexico border.

“I made clear that we stand with Texas Governor Greg Abbott in his heroic efforts to protect the citizens of his state and all Americans, and I am emphasizing again today that House Republicans will vigorously oppose any policy proposal from the White House or Senate that would further incentivize illegal aliens to break our laws,” Johnson said.

It comes as a bipartisan deal on border security between the Senate and White House, talks Mayorkas has been a part of, appears increasingly out of reach. 

WATCH: MIGRANTS CLAIM ASYLUM ON COLD JANUARY NIGHT AS CBP UNION LEADER TALKS BORDER CRISIS

U.S. Secretary of Homeland Security Alejandro Mayorkas

House Republicans are aiming to impeach Homeland Security Secretary Mayorkas over the border (Drew Angerer/Getty Images)

Sen. Chris Murphy, D-Conn., who is involved in the talks, told reporters on Thursday that they would know in the next 24 to 48 hours whether a border deal was possible. Sen. James Lankford, R-Okla., leading talks for the GOP, said later when asked about text coming next week, “That’s been the hope. Of course, a week ago I said we would have text that week too.”

When asked about Johnson’s Friday letter, a spokesperson for DHS pointed Fox News Digital to an earlier memo emphasizing Mayorkas’ role in the talks to solve the crisis. “Instead of working in a bipartisan way to fix our broken immigration laws, the House Majority is wasting time on baseless and pointless political attacks by trying to impeach Secretary Mayorkas,” they added.

CONGRESSIONAL LEADERS STRIKE DEAL TO PUNT GOVERNMENT SHUTDOWN DEADLINES

But House lawmakers on both sides of the aisle have warned that whatever comes out of the Senate will not just be accepted by their chamber.

Johnson has gone further both in public and in private, calling for nothing short of the measures in H.R.2, the border security bill House Republicans passed in May. That bill, which includes Trump-era policies like Remain In Mexico, has been called a nonstarter by Democrats.

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Republican lawmakers have also expressed skepticism of the talks over Mayorkas’ role, after blaming him and Biden for the current border crisis. The GOP-led House Homeland Security Committee is expected to advance articles of impeachment against Mayorkas next week.

But Republicans are demanding concessions on border security in exchange for support on Democrats’ $106 billion supplemental funding request for Ukraine 



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Trump discourages RNC from naming him as party’s ‘presumptive nominee’


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Former President Donald Trump said Thursday that he does not support efforts to pressure the Republican National Committee into declaring him a “presumptive nominee.”

The former president made the remarks Thursday on his proprietary social media platform, Truth Social.

“While I greatly appreciate the Republican National Committee (RNC) wanting to make me their PRESUMPTIVE NOMINEE, and while they have far more votes than necessary to do it, I feel, for the sake of PARTY UNITY, that they should NOT go forward with this plan, but that I should do it the ‘Old Fashioned’ way, and finish the process off AT THE BALLOT BOX,” Trump wrote.

HALEY FACES GROWING CALLS TO LEAVE 2024 RACE AS RNC NEARLY CONSIDERS DECLARING TRUMP THE PRESUMPTIVE NOMINEE

Donald Trump

Republican presidential candidate former President Donald Trump speaking during a campaign event in Rochester, New Hampshire. (AP Photo/Charles Krupa)

Trump’s statement pushes back on efforts led by a former aide of his campaign, David Bossie — an RNC committee member who has urged Republicans to rally around the former president despite the ongoing primary.

Former U.N. Ambassador Nikki Haley is facing growing calls for her to leave the 2024 presidential race as the RNC nearly considered a resolution to declare Trump the party’s presumptive nominee.

The RNC was set to consider a resolution that, if approved, would have declared Trump to be the party’s presumptive nominee for president in 2024. Fox News Digital obtained a copy of the resolution on Thursday, but it was later withdrawn.

TRUMP BENEFITS BY HALEY STAYING IN THE RACE, PUNDITS SAY: MEDIA WILL GO ‘WALL-TO-WALL’ ON INDICTMENTS ONCE HE WINS

In a statement, RNC spokesperson Keith Schipper said, “Resolutions, such as this one, are brought forward by members of the RNC. Chairwoman McDaniel doesn’t offer resolutions. This will be taken up by the Resolutions Committee, and they will decide whether to send this resolution to be voted on by the 168 RNC members at our annual meeting next week.”

Nikki Haley delivering remarks

Republican presidential candidate former UN Ambassador Nikki Haley speaks during a campaign event at The North Charleston Coliseum. (AP Photo/Sean Rayford)

Haley’s campaign told Fox News Digital it was up to the millions of Republican voters across the country to decide who the party’s nominee will be, “not a bunch of Washington insiders.”

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Trump trounced his rivals with convincing wins in the Iowa caucuses and New Hampshire primary this month, and experts agree there is likely little hope for Haley — the only alternative to the former president remaining in the race — in the upcoming South Carolina primary despite it being her home state.

Fox News Digital’s Brandon Gillespie and Paul Steinhauser contributed to this report.



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Haley faces growing calls to leave 2024 race as RNC nearly considers declaring Trump the presumptive nominee


Former U.N. Ambassador Nikki Haley is facing growing calls for her to leave the 2024 presidential race as the Republican National Committee (RNC) nearly considered a resolution to declare former President Trump the party’s presumptive nominee for president in 2024.

Trump trounced his rivals with convincing wins in the Iowa caucuses and New Hampshire primary this month, and experts agree there is likely little hope for Haley, the only alternative to the former president remaining in the race, in the upcoming South Carolina primary despite it being her home state.

During an appearance on Fox News immediately following Trump’s New Hampshire victory on Tuesday, former presidential candidate Vivek Ramaswamy was the first to publicly state it was time for Haley to make her exit.

RECORD GOP TURNOUT, CALLS FOR HALEY TO LEAVE RACE ROUND OUT TOP 5 MOMENTS FROM THE NEW HAMPSHIRE PRIMARIES

Nikki Haley and Donald Trump

Former U.N. Ambassador Nikki Haley and former President Trump (Al Drago/Bloomberg via Getty Images)

“In my view, the general election really begins tonight. I think the Republican primary, for all intents and purposes, is over tonight. And I think the party and the country are better off if we see that for what it is,” he said.

RNC Chair Ronna McDaniel followed shortly after, also telling Fox News she didn’t see a path for Haley going forward.

“I think she’s run a great campaign, but I do think there is a message that’s coming out from the voters which is very clear: We need to unite around our eventual nominee, which is going to be Donald Trump, and we need to make sure we beat Joe Biden,” she said.

GOP STRATEGISTS SAY HALEY NEEDS ‘REALISTIC PATH’ TO WIN PRIMARIES AFTER NEW HAMPSHIRE LOSS TO TRUMP

Ronna McDaniel

RNC Chair Ronna McDaniel (Tom Williams/CQ-Roll Call via Getty Images)

“It is 10 months away until the November election, and we can’t wait any longer to put out foot on the gas to beat the worst president, to beat a president that’s kept our borders open, allowed fentanyl to pour through, allowed inflation to go rampant. He is hurting the American people, and we need to do everything we can to unite so that we can defeat him,” she added.

Others quickly fell in line, including Andy Sabin, a major Republican donor, who said Haley needs to heed the advice of the late country singer Kenny Rogers and “know when to walk away,” and Rep. Greg Steube, R-Fla., a Trump supporter, told Fox there was “no path” for her to move forward.

Sens. JD Vance, R-Ohio, Marsha Blackburn, R-Tenn., Eric Schmitt, R-Mo., and House Republican Conference Chair Elise Stefanik, R-N.Y., have also called for Haley to end her campaign.

HALEY ALLIES ADMIT SHE HAS ‘STEEPER ROAD AHEAD’ FACING TRUMP IN SOUTH CAROLINA

The increased calls for Haley to leave the race come as the RNC was set to consider a resolution that, if approved, would have declared Trump to be the party’s presumptive nominee for president. Fox News Digital obtained a copy of the resolution on Thursday, but it was later withdrawn.

Haley’s campaign told Fox News Digital it was up to the millions of Republican voters across the country to decide who the party’s nominee will be, “not a bunch of Washington insiders.”

“Who cares what the RNC says?” Haley campaign spokesperson Olivia Perez-Cubas said. “If Ronna McDaniel wants to be helpful, she can organize a debate in South Carolina, unless she’s also worried that Trump can’t handle being on the stage for 90 minutes with Nikki Haley.”

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In a statement, RNC spokesperson Keith Schipper said, “Resolutions, such as this one, are brought forward by members of the RNC. Chairwoman McDaniel doesn’t offer resolutions. This will be taken up by the Resolutions Committee, and they will decide whether to send this resolution to be voted on by the 168 RNC members at our annual meeting next week.”

Trump addressed the resolution ahead of its withdrawal, expressing gratitude on Truth Social to those supporting it, but declaring he wanted to win the nomination through support from voters.

Get the latest updates from the 2024 campaign trail, exclusive interviews and more at our Fox News Digital election hub.



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Several senior House Republicans still silent on Trump 2024 amid growing pressure for party unity


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Former President Trump’s decisive victory in the New Hampshire primary this week spurred several new endorsements from lawmakers on Capitol Hill who have so far been silent on the race.

Among the most notable pivots was House Freedom Caucus Chair Bob Good, R-Va., who endorsed Trump over the weekend minutes after his preferred candidate, Florida Gov. Ron DeSantis, dropped out of the race.

As of Thursday afternoon, Trump has more than 120 House Republican endorsements – the majority of the House GOP Conference and far outpacing former United Nations Ambassador Nikki Haley’s one backer.

Fox News Digital took a look at some of the senior House Republicans who have yet to weigh in despite mounting calls to unify behind the former president.

RAMASWAMY: HALEY SHOULD DROP OUT FOR GOOD OF COUNTRY AS OBSERVERS SAY SHE’S STILL ‘ALIVE AND KICKING’

Donald Trump

Former President Trump won the GOP New Hampshire primary this week. (AP Photo/Charles Krupa)

House Oversight Committee Chair James Comer, R-Ky.

Comer has not weighed in on the 2024 presidential primary publicly so far. It’s worth noting his hands have been full on Capitol Hill leading an impeachment inquiry into Trump’s rival, President Biden.

Judiciary Chair Jim Jordan, R-Ohio, and Ways and Means Chair Jason Smith, R-Mo., who are also leading the inquiry, have both endorsed Trump

Fox News Digital reached out to Comer’s office but did not immediately hear back.

HALEY AND PHILLIPS OUTPERFORMED IN NEW HAMPSHIRE, BUT IT’S STILL A TRUMP VS BIDEN HORSE RACE 

Problem Solvers Caucus co-Chair Brian Fitzpatrick, R-Pa.

Fitzpatrick, a more moderate member from a Pennsylvania swing district, also hasn’t picked a side in the 2024 primary.

When Trump was indicted in June over his handling of classified documents, Fitzpatrick was one of the few Republicans who did not rush to his defense. The former FBI agent urged people to respect the legal process and not rush to judgment.

“No one is above the law or beyond prosecution,” he said. “No one should be targeted for prosecution merely because of their status, position or affiliation.”

Fitzpatrick’s campaign did not immediately respond to a request for comment.

House Oversight Committee Chairman James Comer

Oversight Committee Chair James Comer, R-Ky., is among the few Republicans who have not endorsed Trump in the 2024 race. (Tom Williams/CQ-Roll Call Inc. via Getty Images)

Energy and Commerce Committee Chair Cathy McMorris Rodgers, R-Wash.

McMorris Rodgers is seen as one of House Speaker Mike Johnson’s closest allies on Capitol Hill, but unlike Johnson, R-La., she has yet to weigh in on the 2024 presidential primary race. Johnson endorsed Trump late last year.

In December 2019, she was named a state honorary co-chair for Trump’s reelection bid, according to the Spokesman-Review newspaper.

She made clear there was some distance between them after the 2021 U.S. Capitol riot, reportedly telling constituents in August 2023 that efforts to overturn Trump’s 2020 loss that day were “un-American.”

BIDEN CHALLENGER DEAN PHILLIPS BLASTS PRESIDENT AS ‘UNELECTABLE AND WEAK’ AS BIDEN SET TO SKIP NEW HAMPSHIRE

But she reportedly said, “I also believe that Donald Trump, or any American, deserves due process.”

Fox News Digital reached out to McMorris Rodgers’ campaign for comment.

Rep. Chip Roy, R-Texas

Roy went into the 2024 presidential primary cycle as one of Florida Gov. Ron DeSantis’ most enthusiastic supporters. But unlike Freedom Caucus Chair Good, Roy has not stepped behind Trump so far in the two-candidate race

Trump threatened to recruit a primary challenger against Roy, who is popular in his district and running unopposed, for his support of Trump’s former rival.

Roy said on CNN in late December, “I was just at multiple events with Ron DeSantis, where he’s shaking their hands and looking them in the eye while Donald Trump hangs out in his basement in Florida, afraid to actually debate.”

He said on “Fox Across America” on Thursday that Trump is “likely going to be the nominee” and called on him to “stand up in defense of the hardworking American family getting steamrolled by corporate America and by Republicans too weak-kneed to fight for them.”

Roy’s office pointed to his earlier comments when reached by Fox News Digital on Thursday afternoon.

Rep. Chip Roy

Rep. Chip Roy, R-Texas, said Trump is “likely going to be the nominee” but stopped short of endorsing him Thursday. (Getty Images)

GOP Conference Vice Chair Blake Moore, R-Utah

Moore stepped into House leadership after a crowded race for a position left by Johnson when he took the gavel in October.

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He’s rarely spoken out about Republican Party politics in the 2024 presidential primary, preferring to keep election discussions focused on the House of Representatives.

With his recent leadership role, Moore is also the highest-ranking House Republican to have voted in favor of a Sept. 11-style bipartisan commission to investigate the Jan. 6 Capitol riot.

Fox News Digital tried to contact his campaign but did not immediately hear back.

Fox News Digital also reached out to the Trump campaign for comment.



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Trump takes the stand to testify in his defense in E. Jean Carroll trial


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Former President Trump took the stand on Thursday in his defense in the civil defamation damages trial stemming from E. Jean Carroll’s defamation lawsuit claiming he sexually attacked her in a department store dressing room in the 1990s. 

The 2024 GOP frontrunner has vehemently denied the allegation. His denial resulted in Carroll slapping Trump with a defamation lawsuit, claiming that his response caused harm to her reputation. 

Upon taking the stand Thursday, Trump was asked three questions by the defense. 

First, Trump was asked whether he saw his deposition played in court, to which he replied: “Yes.” 

Second, he was asked if he stands by his statements in the deposition, to which he replied: “100 percent. Yes.”

And third, he was asked if he ever threatened Carroll in his tweets and social media posts. 

“No,” Trump said. “I was only defending myself from what I believe was a false allegation.” 

The judge struck statements from Trump that went beyond a yes or no answer.

On the way out of the courtroom, Trump repeatedly said: “This is not America.”

E. Jean Carroll

Writer E. Jean Carroll arrives at Manhattan federal court in New York on Jan. 17. Less than a year after convincing a jury that former President Donald Trump sexually abused her decades ago, Carroll is set to take the stand again to describe how his verbal attacks affected her after she came forward. (AP Photo/Eduardo Munoz Alvarez, File)

Trump and his legal team insist that Carroll’s allegations are fabricated, with the former president’s initial reaction including an accusation that Carroll was motivated by wanting to sell copies of her book. 

Trump has repeatedly told Fox News Digital that he has “absolutely no idea who this woman is.” 

Carroll, 79, alleged that Trump raped her at the Bergdorf Goodman department store across from Trump Tower in Manhattan sometime in 1996. 

Former President Donald Trump

Former President Donald Trump speaks after exiting the courtroom for a break at New York Supreme Court in New York on Dec. 7, 2023. (AP Photo/Eduardo Munoz Alvarez, File)

A federal jury in New York City decided last year that Trump was not liable for rape but was liable for sexual abuse and defamation. The former president was ordered to pay $5 million.  

Trump, on his Truth Social account last week, posted images of Carroll’s tweets dating back to 2015. In one image, Carroll wrote: “How do you know your ‘unwanted sexual advance’ is unwanted, until you advance it?”

Trump also posted that Carroll “has been ‘all over the place’ on the timing of this alleged ‘incident,’ which never took place, and is being coached by Lunatic Radical Left Democrat operative attorney, Roberta Kaplan, who has sued me before, and just lost.”

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“I am the only one who has been injured by this attempted EXTORTION,” Trump posted.

Judge Lewis A. Kaplan is presiding over the trial. 

This is a developing story. Please check back for updates. 



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Nikki Haley backs Abbott in border fight with Biden admin: ‘Absolutely ridiculous’


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Former United Nations Ambassador Nikki Haley is backing Texas Gov. Greg Abbott in his legal battle with the Biden administration over his efforts to address the continuing crisis at the southern border. 

“Governor Abbott is right: the state of Texas has every right to defend itself and its borders,” Haley told Fox News Digital in a statement on Thursday. 

“It’s absolutely ridiculous that the President of the United States is trying to stop governors from doing everything they can to protect their citizens. But it’s also nothing new; Joe Biden was part of the Administration that sued me when I passed one of the toughest anti-illegal immigration laws in the country as governor of South Carolina.”

Abbott is currently fighting multiple legal battles with the Biden administration. The federal government has threatened legal action over Texas’ seizure of Shelby Park near Eagle Pass, while lawsuits are ongoing over the administration’s cutting of razor wire set up by Texas and the establishment of buoys in the Rio Grande.

ILLINOIS GOVERNOR COMPLAINS BLUE CITIES ARE ‘SUFFERING’ FROM ABBOTT BUSSING MIGRANTS
 

Haley and Abbott

L – Nikki Haley R – Greg Abbott (Getty Images)

The Supreme Court this week found in the administration’s favor when it granted an emergency appeal to allow agents to keep cutting border wire set up by Texas along the border. Texas this week published images of it strengthening physical barriers along Eagle Pass. 

The administration has also sued over a recently signed law that allows Texas state and local officials to arrest illegal immigrants. The administration has accused Texas of interfering with federal control over immigration and border security, and has said it is putting agents and migrants in danger.

ERIC ADAMS RIPS TEXAS GOV. ABBOTT FOR ‘MEAN-SPIRITEDNESS’ ON ILLEGAL IMMIGRANT CRISIS

The governors sitting

On Monday, Texas Gov. Greg Abbott was joined by the Republican governors of Iowa, Nebraska, Oklahoma and South Dakota — who have all sent armed law enforcement personnel and National Guard members to reinforce the southern border — for a visit to Eagle Pass. (Gov. Greg Abbott/X)

Abbott, however, cited constitutional language that demands the federal government “protect each [State] against invasion” and the right of states to protect their own borders.

Abbott argues that “the failure of the Biden administration” to fulfill those duties triggers a clause in Article 1 that “reserves to this State the right of self-defense.” He notes he has already declared an “invasion” to invoke the authority, which he calls “the supreme law of the land and supersedes any federal statutes to the contrary.”

President Joe Biden

President Joe Biden was recently grilled by The Washington Post for all the embellished stories he has told audiences over his career. (Ting Shen/Bloomberg via Getty Images)

“The federal government has broken the compact between the United States and the States,” Abbott said in a statement this week. “The Executive Branch of the United States has a constitutional duty to enforce federal laws protecting states, including immigration laws on the books right now. President Biden has refused to enforce those laws and has even violated them.”

Over the past few days, over a dozen Republican governors have issued statements saying that they will back Abbott in his dispute with Biden.

CLICK HERE TO GET THE FOX NEWS APP 

“If the Constitution really made states powerless to defend themselves against an invasion, it wouldn’t have been ratified in the first place and Texas would have never joined the union when it did,” Florida Gov. Ron DeSantis wrote on social media.

Fox News Digital reached out to the White House and the Trump campaign for comment, but did not receive a response. 

Fox News Digital’s Adam Shaw contributed to this report.



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Iowa secretary of state introduces bill that could limit 14th Amendment ballot challenges against Trump


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Iowa Secretary of State Paul Pate introduced a bill that reportedly could limit challenges to former President Trump’s eligibility for the 2024 ballot.

The legislative proposal comes amid efforts in several states to challenge Trump’s eligibility under Section 3 of the U.S. Constitution’s 14th Amendment, which prevents individuals from holding office again if they “have engaged in insurrection or rebellion” against the United States.

“The Iowa Secretary of State’s Office accepts the recognized political parties’ certifications of their candidates for president and vice president in good faith. This is a technical bill that clarifies which objections the objection panel has jurisdiction to consider but does not prevent anyone from taking legal action or pursuing challenges in court,” Ashley Hunt, a spokesperson for Pate’s office, said in a statement to Fox News Digital on Thursday.

Asked directly if the bill could limit challenges to Trump’s eligibility under the 14th Amendment, Hunt said the bill would not bar lawsuits in court that aim to block candidates from the ballot. Rather, the bill places restrictions on Iowans who object to the eligibility of presidential and vice presidential candidates through petitioning the state commissioner of elections. 

“This bill does not limit someone’s ability from taking legal action or pursuing challenges in court. It simply clarifies the process for the objection panel,” Hunt wrote.

According to the pre-filed bill’s text, which has been visible on the Iowa state legislature’s website since Jan. 18, Pate’s proposal seeks to limit the grounds for challenging all federal candidates, including those running for president and Congress, to questions about age, residency, citizenship and whether their nominating papers meet all the legal requirements.

HAWAII DEMOCRAT INTRODUCES BILL TO BAN TRUMP FROM BALLOT

In Iowa, political parties must submit a certificate with the names of their presidential and vice presidential candidates to the secretary of state’s office 81 days before the general election.

“The bill limits objections to the eligibility of a candidate for a federal office that may be filled with the state commissioner of elections to objections to the legal sufficiency of the nomination petition or certificate of election, or to the residency, age, or citizenship requirements as described in the Constitution of the United States,” according to the proposal text. “With respect to nominations for president or vice president of the United States, the bill allows objections only to the legal sufficiency of the certification of nomination. The certificate of nomination shall be presumed valid.” 

The bill also removes the requirement for federal candidates to sign a statement that they are aware they are disqualified from holding office if convicted of a felony. Under current state law, all candidates running for office – local, state and federal – must do so. Currently, Trump is facing 91 felony charges spanning four criminal cases.

Iowa secretary of state in DC

Iowa Secretary of State Paul Pate (Drew Angerer/Getty Images)

“It would pretty clearly foreclose any challenge to a presidential candidate for being not qualified under the United States Constitution,” Derek Muller, an election law professor at the University of Notre Dame Law School, told the Des Moines Register of the proposal. “So, it would be designed to foreclose a challenge like those filed in Colorado in Maine.”

Hunt told the Register that current law presumes the paperwork candidates file to run for office is valid and provides limitations to what issues are eligible for objection.

The new bill, she explained, would further clarify Iowa’s process for objections.

“This simply extends that same standard to all candidates explicitly,” Hunt told the newspaper.

Trump Iowa caucus win

Former President Trump attends a watch party during the Iowa Republican presidential caucuses in Des Moines on Jan. 15, 2024. (Jim Watson/AFP via Getty Images)

“To the best of our knowledge, in 2015, Mr. Trump met the Constitutional requirements to be president and continues to do so,” Hunt said. “Mr. Trump has not been convicted of anything that disqualifies him to be president. This bill simply helps clarify the objection process for Iowa.”

MAINE OFFICIAL APPEALS HER REMOVAL OF TRUMP FROM VOTING BALLOTS TO STATE’S TOP COURT

“The U.S. Constitution sets eligibility requirements for Congress and POTUS,” Hunt added. “This update ensures affidavits comply with those requirements.”

Trump swept the Iowa caucuses and then won the New Hampshire primaries this month as the presidential nominating contest turns its focus on the South Carolina primary next month.

Trump sweeps Iowa

Former President Trump acknowledges supporters during his caucus night event, Jan. 15, 2024, in Des Moines, Iowa. (Chip Somodevilla/Getty Images)

The Colorado Supreme Court, in a split decision, and Maine’s Democrat secretary of state, Shenna Bellows, cited the 14th Amendment in barring Trump from the ballot in their respective states for allegedly inciting the Jan. 6, 2021, riot at the U.S. Capitol. More recently, a Hawaii Democrat senator introduced a bill that also aimed to block candidates, citing the insurrection clause.

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The timelines are tight as Super Tuesday approaches on March 5. The U.S. Supreme Court is hearing arguments in the Colorado case on Feb. 8, which likely means there would not be enough time to meet statutory deadlines for Bellows to reissue a ruling on Trump’s ballot status and for additional appeals to be filed before Election Day.

Lawsuits in Minnesota, Michigan, Arizona and Oregon aiming to block Trump from the 2024 ballot have already been dismissed on procedural grounds, Newsweek reported.

The Illinois State Board of Elections is also reportedly weighing a challenge to Trump’s eligibility.

The Associated Press contributed to this report.



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Conservative firebrand praises Matt Rosendale ahead of potential Senate bid: ‘Shock to the system’


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Rep. Matt Gaetz of Florida is traveling to Montana for a weekend of campaigning for Rep. Matt Rosendale, R-Mont., amid rumors he is soon launching a Senate bid in the Big Sky State.

Rosendale has confirmed that he is considering a run for the Montana Senate in 2024, but has not yet made any official announcements.

Gaetz amplified the chatter Wednesday, telling Fox News Digital that he is campaigning in Montana because he believes Rosendale is what “the Senate needs.”

“I’m going to campaign for Matt Rosendale because he’s exactly the shock to the system the Senate needs. Also I hear Montana is lovely in January,” Gaetz told Fox.

REP ROSENDALE VOWS TO RESTORE TRUMP-ERA POLICIES WITH IMMIGRATION PACKAGE: ‘BIDEN IS DESTROYING OUR COUNTRY’

U.S. Reps. Matt Rosendale (left) and Rep.-elect Matt Gaetz (middle) are campaigning together in Montana. (Win McNamee)

The two not only share the same name, but have aligned on issues over the year, notably joining forces to unseat former Rep. Kevin McCarthy as Speaker of the House.

‘TOUGHEST UPHILL CLIMB’: RACE FORECASTER REVEALS SHIFT TOWARD GOP IN TOP 2024 SENATE RACE

The weekend will begin with a campaign event on Friday in Bozeman, Montana, followed by back-to-back events in Helena and Joliet on Saturday.

“Matt Gaetz has been my reliable ally as we battle the uniparty in Washington,” Rosendale told Fox News Digital. “Whether it’s fighting out-of-control spending, securing our border, or restoring regular order to Congress, Matt Gaetz has always been with me in the fight for our nation. It is an honor to have him join me in the Treasure State tomorrow”

Republican Montana Rep. Matt Rosendale

Republican Montana Congressman and likely Senate candidate Matt Rosendale. (Bill Clark)

All eyes are on the Montana Senate race, as Democrats rally behind Democrat Sen. Jon Tester who is seeking to hold onto the only statewide blue seat in the Big Sky State.

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If Rosendale jumps into the race, he would face a primary challenge from former Navy SEAL Tim Sheehy who launched a bid for the seat in June and since gained endorsements from various prominent political figures – including Montana’s very own GOP Sen. Steve Daines. 



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Senate GOP in ‘quandary’ over border security, Ukraine aid package: ‘Designed not to solve the problem’


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Senate Republicans face a “quandary” with regard to linking a potential border security measure with Ukraine in the national security supplemental package, fueled by confusion about Sen. Minority Leader Mitch McConnell‘s comments in a closed-door meeting on Wednesday night.

Some GOP lawmakers reportedly interpreted McConnell’s assessment of current border negotiations as stepping back from securing an agreement and bowing to Trump’s demands to refuse a border deal with Democrats. But on Thursday, other lawmakers told reporters that McConnell was “laying out the quandary.”

“I think he was just kind of laying out the quandary we’re in,” said Sen. Pete Ricketts, R-Neb., “and laying out kind of what the field looks like. And so we got to see the text before we do anything else.”

Lead Republican negotiator Sen. James Lankford, R-Okla., agreed with Ricketts.

ILLEGAL MIGRANTS ARE SLEEPING IN TERMINALS OF BOSTON AIRPORT ON ‘DAILY BASIS’ AS CRISIS OVERWHELMS SHELTERS

Lankford speaks in a hearing

Sen. James Lankford is a lead negotiator on securing a border agreement. (Reuters)

“I think he’s laying out the politics,” Lankford told Fox News. “Definitely didn’t get that he was backing away at all. I think he was just expressing what’s the reality on the ground.”

Lankford added that Trump is not involved in the negotiations and that he doesn’t agree with putting off dealing with the crisis at the border for the sake of keeping it a prime election issue for conservatives to tout against Biden. 

“I don’t doubt that he wants a perfect deal,” Lankford said of Trump. “So do I on it. But we’ve got to be able to figure out how to be able to do something right now to get as much done as we can possibly get done.”

Sen. Lindsey Graham, R-S.C., told reporters Thursday that he doesn’t think improving conditions at the border “changes the 2024 outcome.” 

“Presidentially, I think, it is what we’re expected to do,” Graham said. “So, I think the best thing for the Republican Party to do right now is try to work with Democrats where you can to make the country safer and stronger.”

According to Democrat Sen. Chris Murphy, D-Conn., a “faction” of Republicans want to hold off on addressing the border, which has become a key election issue especially for GOP voters.

“I know there’s a faction that thinks it’s better to do nothing on the border for political gain, but I still think there is a big group of Republicans that wants to help solve the problem at the border,” Murphy said.

Sen. Todd Young, R-Ind., said he doesn’t think splitting up Ukraine and border security should be “taken off the table” in an election year. 

BORDER BATTLE LINES: DEMS CALL ON BIDEN TO SEIZE CONTROL OF TEXAS NATIONAL GUARD AS GOP ALLIES BACK ABBOTT

Migrants in NYC

Asylum seekers line up in front of the Roosevelt Hotel, converted into a city-run shelter for newly arrived migrant families, in New York City on Sept. 27, 2023. (Selcuk Acar/Anadolu Agency via Getty Images)

“I don’t believe we should take this off the table,” Young said of splitting the issues up. “Certainly not to clear the way for a clean, campaign, debate season. Let’s get something consequential done for the American people. That’s how you instill trust in government in your elected representatives, rather than paying fealty to short-term considerations.”

Sen. Ted Cruz, R-Texas, however, believes the potential border deal would fail to stop the flow of migrants crossing the border. He told Fox News’ Laura Ingraham on Wednesday that “it’s a terrible deal.”

“There’s a lot of the D.C. establishment that wants this deal, but it’s designed not to solve the problem,” he said. “I’m telling my colleagues: Do not do any deal that fails to secure the border. We got to fix the problem or give up on it.”

A bipartisan group of lawmakers has been trying to secure a deal for months with White House officials to unlock $60 billion of aid to assist Ukraine’s war with Russia that’s included in the national security supplemental bill. The Department of Defense has already depleted its available funds earmarked for Ukraine without needing approval from Congress. 

The Biden administration is seeking over $100 billion in funding, including $14 billion for the border. But Republicans have demanded limits on migrant releases into the interior, including the use of parole, and negotiators have been attempting to find a compromise.

DEM GOVERNOR COMPLAINS AS MIGRANT SURGE STRAINS HER ‘RIGHT-TO-SHELTER’ STATE’S RESOURCES

McConnell and Trump split image

Senate Minority Leader Mitch McConnell, left, and former President Trump (Getty Images)

Multiple sources familiar with a portion of the proposal told Fox News Digital this week that a part of the deal would tighten the language of the initial credible fear standard for asylum screenings. One source said that those briefing lawmakers had predicted it could lead to the majority of migrants going through the screenings being removed.

While the provisions of the bill are still fluid, negotiators have said they are hoping to have a bill text soon — indicating that the provisions, while fluid, are close to being finalized. GOP lawmakers are growing restless to see the bill text, with some arguing the “secret” negotiations will sidestep conservatives and produce a heavier immigration policy win for Democrats.

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But even if the Senate passes the supplemental, it will be dead on arrival in the GOP-controlled House. GOP lawmakers in the lower chamber want nothing short of H.R. 2, which the House passed last year and includes Trump administration-era border policies like “Remain in Mexico” and construction of a border wall.

It’s unclear when the border deal will be reached or when the supplemental package will be brought to the floor for a vote. Senators are expected to recess on Feb. 9.

Fox News’ Adam Shaw contributed to this report.



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Democrats blast impeachment inquiry after GOP witness says he was ‘unaware’ of Joe Biden role in family biz


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House Democrats blasted the impeachment inquiry on Thursday after a witness testified he was “unaware” of any involvement President Biden may have had in his son’s business dealings.

Hunter Biden’s business associate, Mervyn Yan, testified behind closed-doors before the House Oversight and Judiciary committees Thursday after receiving a subpoena. 

House Republicans, on the other hand, said Yan’s testimony raised many questions about the nature of the Biden family’s business dealings in China.

A source with direct knowledge of Yan’s testimony told Fox News Digital that Yan told congressional investigators he is “unaware of any involvement President Biden may have had with his son’s business pursuits.”

HUNTER BIDEN BUSINESS ASSOCIATE TO TESTIFY ON BIDEN’S ALLEGED ROLE IN CHINA DEALS AMID IMPEACHMENT INQUIRY

Hunter Biden gets off plane with president

President Biden, left, and his son, Hunter Biden, step off Air Force One at Hancock Field Air National Guard Base in Syracuse, N.Y., on Feb. 4, 2023. (AP Photo/Patrick Semansky)

Yan, despite interacting with Hunter Biden and James Biden, “never met, spoke to, did business with or had any personal or professional communication with President Biden,” the source said.

The source also said Yan testified he “does not possess any materials or information bearing on President Biden’s alleged involvement in his family’s business dealings.”

“Just like every other witness in Chairman Comer’s ‘clueless investigation’ — that even House Republicans are calling a ‘parade of embarrassments’ and ‘a disaster’— Mervyn Yan testified to the committee today that he has no evidence of wrongdoing by President Biden and that, to his knowledge, President Biden was not involved in, did not profit from and took no official actions in relation to his family’s business dealings,” the top Democrat on the Oversight Committee, ranking member Jamie Raskin, D-Md., said Thursday. 

JOE BIDEN RECEIVED $40K IN ‘LAUNDERED CHINA MONEY’ FROM BROTHER IN 2017, COMER SAYS

“Further undercutting Republicans’ lies about President Biden, Mr. Yan testified that he never once did business with or had any personal or professional communication with President Biden.”

Rep. Jamie Raskin, D-Md.

Rep. Jamie Raskin, D-Md. (Kevin Dietsch/Getty Images)

But apparently, Raskin was not at the deposition Thursday. 

“@RepRaskin wasn’t even at the deposition today,” House Judiciary Republicans tweeted Thursday evening. “So how would he know this?”

House Oversight Committee Chairman James Comer, R-Ky., said Thursday he plans to release the transcript of Yan’s interview. Comer said Yan’s testimony raised more questions for the committee’s investigation regarding the Biden family’s interactions with China.

“Mervyn Yan admitted on the record the Bidens had no experience in the energy and infrastructure sectors and was not sure what they brought to the table,” Comer said Thursday. “His testimony raises many questions about the Bidens’ dealings with the Chinese government-linked energy firm, and we hope to learn more tomorrow from Rob Walker, another Biden family associate.”

HUNTER DEMANDED $10M FROM CHINESE ENERGY FIRM BECAUSE ‘BIDENS ARE THE BEST,’ HAVE ‘CONNECTIONS’

The committee is expected to hear testimony from Rob Walker on Friday. 

Walker is scheduled to appear at 10 a.m. Friday on Capitol Hill after being subpoenaed by both House Oversight Committee Chairman James Comer, R-Ky., and Judiciary Committee Chairman Jim Jordan, R-Ohio, in November.

James Comer

House Oversight and Accountability Committee Chair James Comer, R-Ky. (AP Photo/Mariam Zuhaib)

In notifying Walker of the subpoena, Comer and Jordan note that his Robinson Walker, LLC received a payment of $3 million from State Energy HK Limited, a Chinese company, less than two months after Biden left the Obama administration. Comer and Jordan said that in the three months following that payment, Robinson Walker, LLC made “incremental payments totaling over $1 million to Biden family members and their companies, including Hallie Biden and entities associated with Hunter Biden and James Biden.”

Comer and Jordan have stressed that evidence collected by congressional investigators reveals that President Biden “was at least aware of some of his family’s business ventures and sought to influence potential business deals that financially benefited his family.”

FLASHBACK: HUNTER BIDEN IN 2017 SENT ‘BEST WISHES’ FROM ‘ENTIRE BIDEN FAMILY’ TO CHINA FIRM CHAIRMAN, REQUESTED $10M WIRE

Comer and Jordan believe Walker can provide information related to whether Joe Biden, as vice president and/or president “took any official action or effected any change in government policy because of money or other things of value provided to himself or his family, including whether concerns that Chinese sources may release additional evidence about their business relationships with the Biden family have had any impact on official acts performed by President Biden or U.S. foreign policy; abused his office of public trust by providing foreign interests with access to him and his office in exchange for payments to his family or him; or abused his office of public trust by knowingly participating in a scheme to enrich himself or his family by giving foreign interests the impression that they would receive access to him and his office in exchange for payments to his family or him.”

Hunter Biden press conference

Hunter Biden has reportedly told people he may “flee” the country if former President Donald Trump wins in 2024. (Kevin Dietsch/Getty Images)

Yan’s testimony and Walker’s expected testimony come before Hunter Biden is scheduled to appear for a deposition as part of the impeachment inquiry against his father. 

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Hunter Biden defied his subpoena to appear for a deposition on Dec. 13 and was at risk of being held in contempt of Congress.

His attorneys and the committees came to an agreement last week that the first son will appear for a closed-door deposition on Feb. 28.



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Texas AG Ken Paxton says state won’t comply with Biden administration order to reopen park to federal agents


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Texas Attorney General Ken Paxton said Thursday his state has no plans to comply with an order from the Biden administration to grant Border Patrol agents access to a riverfront park that is at the center of a border dispute. 

The defiance comes in the wake of a Supreme Court decision earlier this week that cleared the way for Border Patrol agents to cut or remove razor wire Texas had installed around Shelby Park. The area has become a popular corridor for migrants to illegally enter the U.S.  

Ken Paxton

Texas Attorney General Ken Paxton (Dylan Hollingsworth/Bloomberg via Getty Images/File)

Texas seized control of the park this month and began denying entry to Border Patrol agents, escalating a feud between Republican Gov. Greg Abbott and the Biden administration, which the governor accuses of not doing enough to curb illegal crossings.

After the Supreme Court’s decision on Monday, Texas said it would be installing more rows of razor wire. The fencing has become one of Abbott’s most visible measures to deter migrants in the border city of Eagle Pass.

TEXAS GOVERNOR DOING ‘EXACTLY RIGHT THING’ AMID CONSTITUTIONAL BATTLE OVER BORDER ENFORCEMENT: LEGAL EXPERTS

On Tuesday, the Department of Homeland Security (DHS) sent the state a letter demanding access again to Shelby Park, which is next to the Rio Grande. It asked Texas to respond by Friday.

eagle pass, texas

A National Guard soldier stands guard on the banks of the Rio Grande at Shelby Park in Eagle Pass, Texas.  (Brandon Bell/Getty Images)

Paxton told Fox News earlier Thursday that Texas had no plans to comply with the deadline. 

TRUMP, RFK JR SIDE WITH TEXAS IN BORDER FIGHT WITH BIDEN ADMIN AS 25 STATES SHOW SUPPORT

Paxton cast doubts on the prospect of a physical confrontation between state and federal officials, predicting that the matter would play itself out in the courts. 

That prediction is shared by National Border Patrol Council Vice President Chris Cabrera, who also told Fox News on Thursday you’d be “hard-pressed” to get a Border Patrol agent to go up against their counterparts, i.e., Texas National Guard, on the ground. 

Texas border, razor wire

Razor wire is seen on the banks of the Rio Grande at Shelby Park in Eagle Pass, Texas.  (Brandon Bell/Getty Images)

Another border agent told Fox News, that each agency knows it has to “respond to direct orders from superiors,” adding that there was plenty of mutual respect on both sides. 

Fox News Digital has reached out to the White House for comment. 

A DHS spokesperson told Fox News that enforcing immigration law is a “federal responsibility.” 

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“Rather than helping to reduce irregular migration, the State of Texas has only made it harder for frontline personnel to do their jobs and to apply consequences under the law,” the spokesperson said. “We can enforce our laws and administer them safely, humanely, and in an orderly way.” 

Fox News Digital’s Adam Shaw and The Associated Press contributed to this report. 



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Trump, RFK JR side with Texas in border fight with Biden admin as 25 states show support


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Long-shot presidential candidate Robert F. Kennedy Jr., GOP candidate former President Donald Trump, and other high-profile figures are siding with Texas in the Lone Star State’s spat with the Biden administration over its handling of illegal immigrants at the border. 

The independent said Texas was “right” to defend its borders amid what he regarded as the failed policies of the Biden administration. 

“A country without borders is not a country at all,” he tweeted. 

TRUMP TELLS STATES TO SURGE NATIONAL GUARD TO TEXAS AS ABBOTT STANDOFF WITH BIDEN ACCELERATES

Kennedy is among a growing list of public figures and red states that are throwing their support behind Texas after a Monday Supreme Court decision gave Border Patrol officials the green light to remove razor wire from a riverfront park near Eagle Pass that has become a popular corridor for immigrants illegally entering the U.S. 

MSNBC’S REID COMPARES LAWMAKERS WORRIED ABOUT BORDER TO ‘OLD SOUTHERNERS’ WHO RESISTED INTEGRATION

Former President Donald Trump, the GOP front-runner in the 2024 race, said all Americans ought to be supporting Texas’ “commonsense measures” and vowed to work with Gov. Abbott and other border states to “stop the invasion, seal the border, and rapidly begin the largest domestic deportation operation in history.” 

“Those Biden has let in should not get comfortable because they will be going home,” Trump wrote on his Truth Social platform. 

eagle pass, texas

A National Guard soldier stands guard on the banks of the Rio Grande at Shelby Park n Eagle Pass, Texas, on Jan. 12. (Brandon Bell/Getty Images)

Sen. John Kennedy, R-La., accused President Biden’s “failed” border policies of having “wreaked havoc in every corner of our country, including Louisiana.” 

Virginia Gov. Glenn Youngkin accused the Biden administration of refusing “to secure the border” and offered his state’s support of Gov. Abbott and Texas’ “constitutional right to defend itself.” 

Youngkin is among more than two dozen Republican governors who have released a joint statement targeting the Biden administration for refusing to “take action or responsibility for the crisis at the Southern border.”  

SPEAKER JOHNSON SAYS HOUSE ‘WILL DO EVERYTHING IN ITS POWER’ TO BACK TEXAS OVER BORDER FEUD

“President Biden and his Administration have left Americans and our country completely vulnerable to unprecedented illegal immigration pouring across the Southern border,” reads a joint statement from 25 Republican governors. “Instead of upholding the rule of law and securing the border, the Biden Administration has attacked and sued Texas for stepping up to protect American citizens from historic levels of illegal immigrants, deadly drugs like fentanyl, and terrorists entering our country.” 

Razor wire in Shelby Park, located in Eagle Pass, Texas

Texas authorities place razor wire in Shelby Park in Eagle Pass, defying a Biden administration order to end the state’s seizure of the area along the Rio Grande.  (Matt Finn)

The statement continues: “We stand in solidarity with our fellow Governor, Greg Abbott, and the State of Texas in utilizing every tool and strategy, including razor wire fences, to secure the border. We do it in part because the Biden Administration is refusing to enforce immigration laws already on the books and is illegally allowing mass parole across America of migrants who entered our country illegally.” 

The razor wire fencing in Texas has become one of Gov. Abbott’s most visible measures to deter migrants in the border city of Eagle Pass.

Texas seized control of the park this month and began denying entry to Border Patrol agents, escalating a feud between Abbott and the Biden administration. On Tuesday, the Department of Homeland Security sent the state a letter demanding access again to Shelby Park, which is next to the Rio Grande.

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Texas Attorney General Ken Paxton said Thursday that Texas had no plans to comply with the Biden administration’s deadline. 

The Associated Press contributed to this report.



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Texas Gov. doing ‘exactly right thing’ amid constitutional battle ever border enforcement: legal experts


The latest Supreme Court shadow docket decision in Texas’ battle with the Biden White House has sparked a showdown over the Lone Star State’s constitutional authority to defend itself with the federal government seemingly getting in its way. 

On Monday, in a 5-4 decision on an emergency appeal, the Supreme Court ruled to temporarily overturn a lower court’s injunction which banned the federal government from cutting razor fencing Texas had installed along the border near Eagle Pass while litigation continues. 

Late Wednesday night, Texas Gov. Greg Abbott declared his constitutional authority under Article 1 to reserve the right of his state to self-defense against an invasion, adding that the executive branch has broken its constitutional pact with the states by failing to enforce federal immigration laws. 

Legal experts told Fox News Digital that Texas is well within its constitutional rights and within the Supreme Court’s order to keep building the razor wire fence — even if the feds continue to cut it — ahead of an appeals court addressing the matter on the merits.

BORDER BATTLE LINES: DEMS CALL ON BIDEN TO SEIZE CONTROL OF TEXAS NATIONAL GUARD, AS GOP ALLIES BACK ABBOTT

Texas Gov. Greg Abbott

Texas Gov. Greg Abbott (Brandon Bell/Getty Images)

Gene Hamilton, vice president and General Counsel at America First Legal and a former Justice Department official in the Trump administration, said Abbott continuing to install the razor wire is “exactly the right move.”

 “Unless and until a federal judge comes in and says, ‘you may not, State of Texas, put razor wire up along the border anymore, Texas should keep doing exactly what it needs to do. And eventually, this turns into a game of will between the Feds and the State of Texas,” Hamilton said.

Hamilton noted that he believed the Supreme Court’s controversial order was wrong, and gave too much weight to the government’s assertions about the wire’s effect on the federal government’s ability to enforce the immigration laws.

He asserted that Texas was not interfering with the government’s enforcement of the laws by creating additional barriers along the border and contended that those barriers actually facilitate the federal government’s ability to deter and prohibit illegal crossings at the locations where they were present.

ABBOTT DECLARES TEXAS HAS ‘RIGHT TO SELF-DEFENSE’ FROM MIGRANT ‘INVASION’ AMID FEUD WITH BIDEN ADMIN

Texas Razor Wire Border

Texas National Guard Soldiers install razor wire long the border in an effort to stop immigrants from illegally crossing into the country from Mexico. (Texas Governor Greg Abbott)

“The Supreme Court’s two-sentence order simply vacated the injunction preventing the federal government from tearing down the barbed wire fencing Texas has placed on state property while the case is on appeal,” Hans von Spakovsky, senior legal fellow at the Edwin Meese III Center for Legal and Judicial Studies told Fox News Digital. 

 “The Supreme Court’s order does not prevent Texas from continuing to place barbed wire or other barriers along the border on state or private property. But while the case is pending, there is nothing preventing the federal government from tearing down the wire fencing,” he said.

As to Abbott’s Article 1 assertions, von Spakovsky said that “whether or not what is happening is an ‘invasion’ within the meaning of the Constitution is a controversial and legally undetermined issue.”

Article 1, Section 10, which Abbott says was “triggered” by Biden’s inaction at the border states: “No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.” 

“It is truly shocking and outrageous that the Biden administration has so intentionally and deliberately mishandled the security of our Southern border that states like Texas, for the first time in our history, feel the need to invoke the invasion clause,” von Spakovsky said. 

Ultimately, he says, the matter will need to be decided by the Supreme Court. 

In 2012, the Supreme Court decided a case against Arizona brought by the federal government, who sued after Arizona empowered state officials to enforce immigration laws.

Arizona lost that case, but the late Justice Antonin Scalia dissented, writing that “as a sovereign, Arizona has the inherent power to exclude persons from its territory, subject only to those limitations expressed in the Constitution or constitutionally imposed by Congress. That power to exclude has long been recognized as inherent in sovereignty.”

GOP GOVERNORS RALLY BEHIND TEXAS AS ABBOTT DEFIES BIDEN: ‘DERELICTION OF DUTY’

Texas border, migrants

 A U.S. Border Patrol agent watches over more than 2,000 migrants at a field processing center on December 18, 2023 in Eagle Pass, Texas.  (John Moore/Getty Images)

William Lane, a partner at Wiley Rein LLP and former DOJ official, suggested to Fox News Digital that the Supreme Court may eventually consider the Texas case on the merits, or a number of other challenges between states and the executive branch percolating in the courts. If the Court does choose to weigh in, it may be asked to reconsider Justice Scalia’s theory. 
 
“A decade ago, the Supreme Court rejected an attempt by Arizona to regulate immigration. Justice Scalia, dissenting, argued that states retain at least some inherent authority under the Constitution to control their borders,” said Lane.
 
“The Court has changed significantly since then, and it’ll be interesting to see whether there’s any appetite to revisit that decision as states like Texas try to address illegal immigration on their own,” he said.
 
“It should be no surprise that Governor Abbott has chosen to embrace Justice Scalia’s theory of state sovereignty in defending Texas’s actions,” he added. 

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Josh Blackman, a professor at South Texas College of Law emphasized that the high court’s Monday ruling, as an emergency docket decision, was “very narrow.” 

But, he said, “I think what we are getting closer to is, unless the Supreme Court says what Texas can and can’t do, Texas will be pushing the boundaries.”

The Fifth Circuit Court of Appeals is set to hear the merits of Texas’ case over the Eagle Pass razor wire on Feb. 7. 



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