Mayorkas pressed about post-Title 42 border chaos: 'You had two years to prepare for this'

'There is a subset of people who are being released into this country with no court date and no way to track them,' NBC’s Savannah Guthrie said

NBC’s "Today" host Savannah Guthrie told Department of Homeland Security Secretary Alejandro Mayorkas it sounds like America has an "open border" for some migrants, despite his comments to the contrary. 

Guthrie began the lengthy interview by declaring she wouldn’t "sugarcoat" the issue as the U.S. faces a potentially historic migrant surge with the end of Title 42.

"Already you have a record number of crossing, exceeding your own internal estimates, you have severely overcrowded detention facilities, already. The president himself acknowledged this week it’s going to be chaotic for a while, that’s his word not mine," Guthrie said. "My question to you is, why? You had two years to prepare for this, why do we have this chaos and confusion at the border?"

Mayorkas blamed the existing system. 

"We are operating within the constraints of a broken immigration system," he said. "There is unanimous agreement about that fact. Our system has been broken for more than two decades."

FEDERAL JUDGE BLOCKS BIDEN ADMIN FROM RELEASING MIGRANTS WITHOUT COURT DATES AS TITLE 42 EXPIRES

Savannah Guthrie grilled Department of Homeland Security Secretary Alejandro Mayorkas over the border chaos on Friday. (Getty Images)

Mayorkas also blamed a lack of resources from Congress, saying the immigration system needs to be fixed "once and for all" to stop the flow of migrants illegally entering the country. 

Guthrie shot back, "Fair enough, but given those undisputed facts, that we do have a broken immigration system, why not delay the expiration of Title 42 until you are ready to handle it?"

Mayorkas countered by saying he has been very clear this would be a challenging time, while insisting the Biden administration has a plan that is being executed on, but, "It will take some time for our plan to show results." 

Guthrie pointed out that "not one" of the regional processing centers for migrants that are part of the plan have been built in two years, but Mayorkas claimed Biden has made the "greatest expansion of lawful pathways" for immigration. 

BORDER PATROL ENCOUNTERS 10,000 MIGRANTS FOR THIRD DAY IN A ROW AS NUMBERS SWELL BEFORE TITLE 42 DROPS

Guthrie then shifted the conversation to a new policy that allows overflowing detention facilities to allow "highly vetted" migrants into the United States without any tracking measures in place. 

"Late yesterday a federal judge struck that down. What now, then?" she asked. "What do you do about this overcrowding?" 

President Joe Biden walks with U.S. Border Patrol agents along a stretch of the U.S.-Mexico border in El Paso Texas, Sunday, Jan. 8, 2023.  (AP Photo/Andrew Harnik)

Mayorkas called the ruling "very harmful," and said the procedure the administration planned to execute is something past presidents have allowed.

"These individuals are screened and vetted, and then they are released and placed into immigration enforcement proceedings," Mayorkas said, adding that the Justice Department is "considering its options" in response to the federal ruling. 

FEDERAL JUDGE BLOCKS BIDEN ADMIN FROM RELEASING MIGRANTS WITHOUT COURT DATES AS TITLE 42 EXPIRES

"You say the border is not open, but there is a subset of people who are being released into this country with no court date and no way to track them. I mean, that sounds like the border is open for some," Guthrie said. 

Mayorkas said, "Oh, Savannah, the vast majority are being removed. If one asked any one of the 1.4 million people who were expelled, removed, or returned last year, I don’t think that they would tell you that the border is open."

Guthrie then played a clip of President Biden previously "harshly criticizing" former President Trump for his policy of requiring migrants file for asylum in the first country they reach, before coming to the U.S. 

Mayorkas insisted Biden’s policies are safer and better than policies under the Trump administration. 

Title 42, the public health order that allows for the rapid expulsion of migrants at the southern border due to the COVID-19 pandemic, expired on Thursday night with the end of the COVID-19 national emergency. In the days leading up to the order's end, agents have encountered historic levels of over 10,000 migrants a day.

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The Biden administration has repeatedly touted a wide-ranging plan that includes stiffening Title 8 penalties, a rule to make those who enter illegally ineligible for asylum; cooperation with Mexico; and a surge of resources and personnel to the border.

Fox News’ Adam Shaw contributed to this report. 

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