GOP Lawmaker Questions DHS IG on Potential Criminal Probe into Mayorkas

Inquiry into Unaccompanied Minors

• 🎯 Scott Perry questioned DHS Inspector General Joseph Cuffari regarding the staggering number of unaccompanied alien children (UACs) transferred to HHS.
• 📌 A significant portion, 31,000 UACs, have sponsors with missing or undeliverable contact information, leaving their whereabouts unknown.
• ⚠️ Reports indicate UACs have been placed with sponsors in gang-controlled areas, dilapidated apartments, and motels.
• 🧩 Over 14,500 UACs were released to sponsors described as "unrelated," meaning they lacked family ties.

Mayorkas's Memorandum and Potential Criminality

• ⚡ In 2021, Secretary Mayorkas issued a memorandum that deprioritized UAC cases, redirecting enforcement resources away from them.
• ❓ Perry asked Cuffari if Mayorkas's actions could constitute child endangerment, abandonment, or abuse, and if the OIG had investigated or considered investigating him for criminal activity.
• 🚫 Cuffari stated that, to his knowledge, there was no investigation into Mayorkas for criminal activity related to these cases.

OIG Authority and Criminal Referrals

• ⚖️ The DHS OIG has statutory authority for administrative and criminal investigations of departmental employees or contractors.
• 🧑‍⚖️ However, the decision to pursue criminal charges rests with the U.S. Attorney's Office and the Department of Justice.
• 🧐 Perry inquired if a criminal referral had ever been considered for the Secretary or those implementing policies that led to the release of unaccompanied minors.
• ❌ Cuffari reiterated that, to his knowledge, there was no consideration of criminal referrals in these cases.

Policy vs. Individual Actions

• 🏢 The OIG's policy is not to investigate or charge individuals for violating established departmental policies.
• ⚠️ Perry argued that the results of these policies—leaving thousands of children unfindable and potentially in the hands of traffickers—should at least be considered criminal activity, akin to individual acts of child endangerment.
• 🗣️ He expressed concern that without criminal referrals, there would be no appropriate accountability for the orchestrated policies and their outcomes.