President Donald J. Trump has publicly directed the Department of Justice to evaluate whether former Homeland Security Secretary Alejandro Mayorkas should face arrest for allegedly facilitating an “invasion” of the United States through current border enforcement policies.
The president’s remarks came during a press question at a stop he made in Florida, referred to informally as “Alligator Alcatraz,” concerning his administration’s response to immigration.
When a reporter asked why Mayorkas had not been arrested already “for allowing an invasion” at the southern border, President Trump replied, “Well, I’d take a look at that one because what he did is beyond incompetent,” and then explicitly tasked Justice Department officials to investigate.
He said: “Why don’t you look into that, Kristi?”—addressing Secretary of Homeland Security Kristi Noem, who is present—suggesting DOJ should determine whether Mayorkas meets the criteria for criminal charges.
President Trump added that while Mayorkas “took orders from other people,” his policies still caused serious harm to national security and merited further scrutiny.
He referenced Mayorkas’s impeachment by the Senate in February 2024—the first for a Cabinet secretary in 150 years—citing allegations that he lied to Congress and implemented lax border policies that “allowed murderers and rapists” to enter the country.
Legal and Political Context
- Legal Basis: Arresting a former Cabinet official would require substantial evidence that federal crimes were committed—such as knowingly allowing illegal entry—or false testimony under oath.
- DoJ Protocol: The Justice Department operates independently. Any investigation would begin with a formal review or appointment of a special counsel, followed by potential indictments only if significant evidence emerged.
- Political Ramifications: This development intensifies the ongoing conflict over federal immigration policy, particularly between President Trump’s “secure border” messaging and critics who argue the administration’s threats are politically motivated. It may also appear as an extension of Trump’s 2024 campaign against perceived softness on border control.
What Comes Next
- The Department of Justice may open a preliminary investigation to determine whether there is credible evidence that Mayorkas broke federal law.
- If sufficient evidence is found, the next steps could include the appointment of a special counsel, followed by subpoenas, grand jury proceedings, and possibly charges.
- Opposition voices, including Democratic lawmakers and civil rights groups, are likely to criticize the initiative as a politically driven attack rather than a serious legal inquiry.
