ABC's Jon Karl suggests Biden admin 'too tough' on migrants during Mayorkas interview

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ABC's Jonathan Karl presses DHS Sec. Mayorkas over Biden being too 'harsh' on migrants

ABC's Jonathan Karl pressed DHS Secretary Alejandro Mayorkas over criticism that the Biden administration was being too "harsh" on migrants. 

ABC's Jonathan Karl suggested Sunday that the Biden administration has been "too tough" on migrants during an interview with Department of Homeland Security Secretary Alejandro Mayorkas.

Karl read a statement from the American Civil Liberties Union (ACLU) and said they were arguing that the Biden administration's policy was the same as former President Donald Trump's immigration policy. 

"Well, you are also of course getting hit from the other side, those that are saying you are being too harsh on the border, requiring that migrants seek asylum in a third country first, these penalties for those who cross illegally," Karl said. "The ACLU is suing to challenge that, and I want to read one of the lead lawyers for the ACLU said, ‘the Biden Administration new ban places vulnerable asylum seekers in grave danger and violates U.S. asylum laws, we’ve been down this road before with Trump, the asylum bans were cruel and illegal then and nothing has changed now. So they’re saying this is effectively Trump policy." 

Mayorkas argued that the statement was "absolutely incorrect."

ABC's Jonathan Karl pressed Alejandro Mayorkas on Sunday over criticism that the administration was being to "harsh." (Screenshot/ABC/ThisWeek)

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"Disagree with every aspect of that statement," Mayorkas continued. "This is not an asylum ban. We have a humanitarian obligation as well as a matter of security to cut the ruthless smugglers out. That is a responsibility of government. And we are doing that." 

Karl said in a "critical sense" their policy was the same as the former president's. 

"Trump policy was you first had to apply for asylum in another country. If you were coming from south of Mexico, that’s exactly what you are doing," Karl said. 

Mayorkas disagreed and argued that Biden led the "greatest expansion of lawful pathways ever."

Secretary of Homeland Security Alejandro Mayorkas speaks during the daily news briefing at the James S. Brady Press Briefing Room of the White House on May 11, 2023, in Washington, D.C.  (Anna Moneymaker/Getty Images)

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"First of all, President Biden has led the greatest expansion of lawful pathways ever. What our rule provides is that an individual must access those lawful pathways that we have made available to them. If they have not, then they must have sought relief in one of the countries through which they have traveled and been denied. And if they haven’t done either, it’s not a ban on asylum, but they have a higher threshold of proof that they have to meet. That is a presumption of ineligibility that can be overcome. It is not a ban. So, I disagree with that in every regard," he said. 

Mayorkas told reporters on Friday that the government will now use its authority under Title 8 to impose steep penalties on migrants who cross the border illegally, including a minimum 5-year ban on reentry and potential criminal prosecution.    

U.S. President Joe Biden speaks at an event marking the 13th anniversary of the Affordable Care Act in the East Room of the White House on March 23, 023 in Washington, DC.  (Anna Moneymaker/Getty Images)

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"I want to be very clear: our borders are not open. People who cross our border unlawfully and without a legal basis to remain will be promptly processed and removed," Mayorkas said.  

Title 42, a pandemic-era border restriction that made it easier to expel migrants, expired on Thursday.

Fox News' Chris Pandolfo contributed to this report.