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Hawley delays quick confirmation of Biden's DHS nominee

Sen. Josh HawleyJoshua (Josh) David HawleySenate Republicans: Newly proposed ATF rules could pave way for national gun registry Eliminate family and child poverty: Richard Nixon may help in today's debate GOP divided over bills targeting tech giants MORE (R-Mo.) announced on Tuesday he would place a hold on Alejandro MayorkasAlejandro MayorkasSupreme Court dismisses moot 'Remain in Mexico' case Canadian ambassador calls for close coordination in handling of US border Harris signals a potential breakthrough in US-Mexico cooperation MORE, President-elect Joe BidenJoe BidenMilitary must better understand sexual assaults to combat them The Hill's Equilibrium — Presented by NextEra Energy — Tasmanian devil wipes out penguin population On The Money: Democrats make full-court press on expanded child tax credit | White House confident Congress will raise debt ceiling MORE’s choice to lead the Department of Homeland Security (DHS).

Hawley, who has come under fire recently amid allegations that he played a role in the Capitol riot early this month, made the announcement just hours after the Senate Committee on Homeland Security and Governmental Affairs wrapped its hearing with Mayorkas. The move delays the nomination of a post Democrats have argued is critical to fill immediately to protect national security.

“Mr. Mayorkas has not adequately explained how he will enforce federal law and secure the southern border given President-elect Biden’s promise to roll back major enforcement and security measures,” Hawley said in a statement.

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“Just today, he declined to say he would enforce the laws Congress has already passed to secure the border wall system. Given this, I cannot consent to skip the standard vetting process and fast-track this nomination when so many questions remain unanswered," he added.

Hawley’s opposition comes as Biden and Democrats argue the attacks on the Capitol make the post a top priority. Hawley was the first senator to announce he would vote against certification of the 2020 election results.

His hold could stall a nomination otherwise expected to advance once Democrats gain control of the Senate on Wednesday. Defeating the hold will require a 50 vote threshold cloture vote and eats up days of floor time, complicating the process.

Mayorkas, who previously served as the deputy secretary of DHS under the Obama administration, did not earn any Republican votes when he was confirmed in 2013.

"We are facing unprecedented challenges and threats to our national security, and our country urgently need a confirmed Secretary of Homeland Security in place on day one to protect the American people. Alejandro Mayorkas is one of the most knowledgeable homeland security experts in the country," Biden transition spokesman Sean Savett said in a statement to The Hill.

"The Senate held swift confirmation votes for the DHS Secretary nominee in 2009 and 2017 in order for them to start on day one for good reason. Senator Hawley's threat to disrupt historical practice and try to leave this vital position vacant is dangerous, especially in this time of overlapping crises when there is not a moment to waste."

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Hawley’s opposition stems from an exchange where the lawmaker asked Mayorkas if he would obligate $1.4 billion in funds set aside for Trump’s border wall.

“If I may strike at the fundamental point that I believe you were inquiring of, which is will I follow the law and the execution of my responsibilities should I have the privilege of serving as the Secretary of Homeland Security. And the answer is yes I will follow the law. And what I would need to do is to understand what the law provides with respect to the obligation of funds to construct a border wall, and then see what the opportunities are to discontinue any such obligations,” Mayorkas said.

Hawley then thanked Mayorkas for getting “right to the nub” of his question.

He also asked Mayorkas about Biden’s plans to give legal status to 11 million people residing in the U.S., something Hawley said concerned him “especially in this time of severe economic distress that has fallen disproportionately on working class Americans.”

Mayorkas called the move a “path to citizenship for the individuals who have been in this country for many years, who have contributed to our communities, and to this nation's economic prosperity."

"I would be privileged to work with Congress to pass immigration reform legislation that provides that path, and provides a permanent solution to what is clearly a broken system,” he added. 

Updated 5:04 p.m.