Grassley: Mayorkas Must Be Held Accountable

WASHINGTON – ?Senator Chuck Grassley of Iowa, Chairman of the Senate Judiciary Committee, today called on Homeland Security Secretary Jeh Johnson to hold the department’s deputy secretary, Alejandro Mayorkas, accountable for granting favoritism to politically connected parties. Grassley’s comments follow an Inspector General report indicating that Mayorkas personally intervened to reverse unfavorable decisions for EB-5 applications submitted by politically connected organizations. 

“The U.S. immigration system should be governed by equal application of the law, not by who has the best political connections to the director of the agency. Unfortunately, this report seems to indicate that, under Mr. Mayorkas’ leadership of the EB-5 program, this hasn’t been the case.

“I’ve heard from numerous whistleblowers about the execution of the EB-5 program, and have been trying to get answers for several years.  I even pleaded with the Democratic majority at the time to postpone Mr. Mayorkas’ confirmation to be second in command at the department until this investigation was complete. They didn’t listen, and my questions were never adequately answered,” Grassley said.

In a letter to Secretary Johnson, Grassley reiterated Mayorkas’ guidance that U.S. Citizenship and Immigration Services employees should impartially perform their duties—guidance that Mayorkas himself has violated.

The EB-5 program allows foreigners to obtain U.S. visas in exchange for an investment of at least $500,000 in an American business or project, with the goal of stimulating the economy. The program, up for reauthorization this year, has been the subject of scrutiny for weaknesses that pose national security risks.
    
A signed copy of Grassley’s letter can be found here.  Text of the letter is below.

March 26, 2015

VIA ELECTRONIC TRANSMISSION
The Honorable Jeh Johnson
Secretary 
Department of Homeland Security
Washington, D.C. 20528
 
Dear Secretary Johnson: 
 
I write to share my concerns about the findings in the Department’s Inspector General’s investigation into employee complaints about management of U.S. Citizenship and Immigration Services (USCIS).  The Inspector General’s report paints a clear picture of how Mr. Mayorkas, when Director of the agency, used poor judgment and provided preferential treatment to certain petitioners and regional center applicants in the EB-5 immigrant investor program.  You have an obligation to ensure there is accountability.  
 
When Mr. Mayorkas became Director of USCIS, he distributed a memo to all employees titled, “Ethics and Integrity Memorandum No: 2: Preferential Treatment.”  This memo explains how “a government position is a public trust requiring an employee to act impartially in the performance of his or her duties.”  It provided “guidance to USCIS employees on avoiding and preventing situations that could be, or appear to be, preferential treatment.”  This memo was written by and violated by Mr. Mayorkas.  The Inspector General’s report casts no doubt on Mr. Mayorkas’ role in approving certain petitions, providing special access to certain stakeholders who had applications pending before the agency and pressuring adjudicators to expedite the review of such applications.  The Mayorkas memorandum advises that employees who violate the standards may be subject to disciplinary penalties, up to and including removal from employment.
 
The U.S. immigration system should be governed by equal application of the law—not by who has the best political connections.  While I appreciate that you and Mr. Mayorkas have learned from the Inspector General’s report, the standards of ethical conduct should have been followed on day one by the Director.  
 
The allegations against Mr. Mayorkas by whistleblowers were ignored for months and months. The whistleblowers sacrificed their livelihood, and remain constantly in fear of retaliation because Mr. Mayorkas remains in the Department leadership. The administration, including you, pressed Congress to move Mr. Mayorkas’ nomination through despite the ongoing review by the Inspector General.  Therefore, it is incumbent on you to take action to hold him accountable.  
 
I wait eagerly for your reply. 
 
                                                            Sincerely,
 
 
 
                                                            Charles E. Grassley
                                                            Chairman

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