The man leading a group advocating for victims of illegal immigrant criminals says it's time to put Homeland Security Alejandro Mayorkas behind bars after he issued a rule in the fall deprioritizing deportation of certain illegal aliens who committed crimes in the U.S.
Increased attention on illegal alien crime comes after Mayorkas released new rules in the fall deprioritizing deportation for nonresident criminals he feels are not a threat to public safety.
Don Rosenberg, President of Advocates for Victims of Illegal Alien Crime (AVIAC), claims that Mayorkas' latest rules are further proof that the man running the immigration system in the U.S. is a 'sociopath' who doesn't want any people deported who are illegally in the country.
'He [Mayorkas] doesn't want to deport anyone,' Rosenberg told DailyMail.com in an interview.
'That's his focus,' he added. 'But he knows he can't just flat out come and say that. However, he did, twice now. But the most recent, I guess, last week saying that being in the country illegally, in and of itself, is not a reason for deportation.'
'Well, no, it's the only reason for deportation,' Rosenberg said.
In the Guidelines for the Enforcement of Civil Immigration Law, Mayorkas said 'the fact an individual is a removable noncitizen therefore should not alone be the basis of an enforcement action against them.'
'We will use our discretion and focus our enforcement resources in a more targeted way. Justice and our country's well-being require it,' he added in the memo sent to Immigration and Customs Enforcement (ICE) on September 30, 2021.
The bigger issue at hand, Rosenberg notes, is that not only are these individuals living in the U.S. without consequence, but also many of them will go on to commit crimes and will not face deportation as punishment for those incursions.
ICE has now rescinded or deprioritized detainers – or request for deportation – of many criminals who the Biden administration doesn't see as a real threat, according to Mayorkas' memo.
The DHS head notes that there are three criteria for prioritized deportation: the individual is a terrorist or threat to national security, they have recently crossed the border or they are a threat to public safety.
'The long and short of it is, Mayorkas, who we've called to resign, we've called for Biden to fire him, we've called for him to be impeached, he now needs to be charged with a felony,' Rosenberg insisted.
President of the Advocates for Victims of Illegal Alien Crime Don Rosenberg (right) told DailyMail.com that Homeland Security Secretary Alejandro Mayorkas (left) is a 'pathological lair' after DHS claimed rather than using the required 'notice and comment' period for a new rule, it engaged in 'listening sessions' with the AVIAC
Rosenberg (center) started AVIAC after his son Drew (left) was killed in a car collision with a nonresident 11 years ago. The above photo was taken a few months before Drew's death
He claims Mayorkas violated Title 8 Section 1324 of U.S. code and 'belongs behind bars.'
The AVIAC president pointed to Mayorkas being in 'knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law.'
Rosenberg, whose son was killed in a car crash 11 years ago with an illegal immigrant who was driving without a license, questions how Mayorkas doesn't view murder as a 'threat to public safety'.
'How can somebody who shouldn't be here, drives drunk, kills somebody, tries to flee, not be a threat to public safety,' he questioned in reference to a recent case where the noncitizen who killed a 19-year-old woman in a drunk driving incident in 2020 is no longer prioritized for deportation following punishment.
'Mayorkas has now set a precedent and I can tell you almost every single day an illegal alien driving drunk kills somebody – probably more... That means, all these people are going to be allowed to stay here? I guess it does. He now set the precedent,' Rosenberg said.
'Where is that line? What does he consider a threat to public safety?' he wondered.
In the guidelines for ICE enforcement from Mayorkas, 'threat to public safety' section claims: 'A noncitizen who poses a current threat to public safety, typically because of serious criminal conduct, is a priority for apprehension and removal.'
What constitutes a public safety threat is, as defined by Mayorkas, depended on 'an assessment of the individual and the totality of the facts and circumstances.'
Rosenberg says Mayorkas 'doesn't want to deport anybody' after his agency changed the rules for deportation prioritization for illegal aliens who committed crimes while in the U.S. Pictured: Asylum-seeking migrants from Venezuela walk across the Rio Grande river into the U.S. from Mexico on May 6, 2021
Some factors taken into consideration in individual assessments include 'the gravity of the offense of conviction and the sentence imposed' and 'the nature and degree of harm caused by the criminal offense', as well as 'sophistication' and whether a 'firearm or dangerous weapon' was involved.
During the 2020 presidential campaign, Joe Biden said that he did not consider drunk driving a felony.
'You only arrest for the purpose of dealing with a felony that's committed, and I don't count drunk driving as a felony,' Biden said when discussing changing policy so children of undocumented people won't have to fear their parents will be deported.
'They go off to school wondering whether their mom comes and picks them up, is she not going to be there because an ICE agent was there to arrest her? Or she takes them to the doctor, that she's going to not be there because she is 'undocumented' and an ICE agent is going to pick him up,' Biden said during the Brown & Black Democratic Presidential Forum hosted by Vice News in Des Moines, Iowa on January 23, 2020.
In a lawsuit brought by the states of Arizona, Montana and Ohio challenging the new ICE regulations on deportation, they note that DHS claims that rather than using the required 'notice and comment' period for a new rule, it engaged in 'listening sessions' with the AVIAC, among other groups.
While the lawsuit notes that this action doesn't rid them of their obligation to hold a notice and comment period, they also accuse that it is inaccurate.
'The president of Advocates for Victims of Illegal Alien Crime, for example, disputes that DHS ever discussed the priorities with him or his organization,' the lawsuit notes in reference to Rosenberg, who confirmed to DailyMail.com that he did not speak with Mayorkas or DHS about the rule change.
Rosenberg says after his son's death he was told by United States Citizenship and Immigration Services that his killer wouldn't be deported because he 'only committed one crime of moral turpitude'
'The guy is a pathological liar,' he said. 'I have met with him in the past. And I think he's psychotic. I know I'm not a doctor and I shouldn't be probably throwing terms out like that but there's something wrong with this guy.'
DHS did not immediately respond to a DailyMail.com request for comment on the case and whether any representatives, including Mayorkas, had met with Rosenberg before issuing the rule.
Rosenberg said when pursuing his son's case years ago, he went to his liberal congressman at the time Henry Waxman and was referred to United States Citizenship and Immigration Services (USCIS).
When he asked USCIS if his son's killer would be deported following sentencing, he was told they would not do so because he had 'Only committed one crime of moral turpitude', which, he explained is government speak for, 'Well, he's only killed one person, what's the big deal?'
Unbeknownst to Rosenberg at the time, Mayorkas was at the helm of USCIS when he received this response.
'I didn't know the head of USCIS at the time was Mayorkas,' he told DailyMail.com.
'You can even see it. Look him in the eye when he's testifying or something. There's something missing behind that,' Rosenberg said. 'And again, I know that's garbage talk but, you know, you can judge for yourself just looking at him and listening.'
The impending lawsuit will be heard in Dayton, Ohio on February 15.
The mother of Adrienne Sophia Exum, a 19-year-old who was killed by an illegal immigrant in a hit-and-run said, she last week that she is 'disappointed' with the Biden administration's new policies that will see her daughter's alleged killer stay in the country.
'My message is, look out for the American people first,' Rhonda Exum told Fox News during a panel of victims of illegal immigrant crime when asked what she would tell Biden when it comes to border policies.
'Truth be told, this was literally my first time voting and I voted for you, and I feel disappointed right now,' Exum added.
Rosenberg said he doesn't want to e 'cruel,' but claims Exum wouldn't even have migration and immigration issues on her mind if her own daughter wasn't the victim of an illegal immigrants crime.
He said Mayorkas' new rules are exactly what Biden promised would come during his 2020 presidential campaign when vowing open borders to those seeking asylum.
'Look, a lot of these people are very nice and work very hard, but that doesn't give you permission to break into the country. And it doesn't excuse the bad people who came in,' Rosenberg said.
'Now you've got, you now, there's at least 1 million people that are in the country now who came in illegally, and I think if the public realized that some significant percentage of them will kill people, will rape women, will commit other crimes, they wouldn't be so: 'Oh I like this guy [Biden].'
'Now all of the sudden you're a victim, and I'm not saying this to be cruel but, now you woke up,' he said.
Mayorkas issued new rules in September deprioritizing deportation of illegal immigrants who are convicted of crimes not deemed a threat to national security or public safety. The DHS head arrived for a closed-door briefing with senators at the Capitol on February 3, 2022
This includes the case of Adrienne Sophia Exum, a 19-year-old killed by a drunk driver noncitizen in 2020. Her mother, Rhonda Exum, said last week she is 'disappointed' with the Biden's new policies that will see her daughter's alleged killer stay in the country
Heriberto Fuerte-Padilla, an illegal immigrant from Mexico, was driving drunk in November 2020 when he caused a car crash in Texas, killing 19-year-old Adrienne. The accused tried to flee the scene but was caught by police.
While DHS initially wanted authorities to deport Fuerte-Padilla after Texas issued its punishment, the federal agency reversed the decision because the individual does not qualify for priority deportation under Mayorkas' new rules issued in September 2021 to try and lower the number of removals.
Rosenberg said a lot of people don't want to speak out against immigration issues, even when they are a victim of illegal alien crime, because they don't want to be labeled by the progressive left as a bigot.
'Quite frankly, many won't do anything because – like myself who had been a lifelong Democrat and a fairly liberal one – all of the sudden I'm now a racist, a bigot and a white supremacist,' Rosenberg said.
'And a lot of people, you know, didn't like to be called that, obviously, when they weren't and they said, 'I can't get involved in this, it's too difficult.'
Another case of adverting deportation emerged with the man who allegedly defaced Union Station in Washington, D.C. with swastikas on Holocaust Remembrance Day last month.
Twice-deported Mexican citizen Geraldo Pando has a 15-year criminal history and was arrested for the defacement to Union Station with hate symbols and is being investigated as a hate crime.
Pando, 34, reportedly does not face deportation under the Biden administration's new standards for removal.
Previously, Pando has been charged with possession of drugs and misdemeanor theft, among other crimes.
Rosenberg says Mayorkas and Biden are trying to pass off their open border policies as a way to allow for asylum seekers to get a chance to plead their case. But the AVIAC leader says they are allowing those denied asylum to remain in the U.S. without legal status.
'You've got a guy – Mayorkas – who comes in, doesn't want to deport anybody, wants to let everybody in the country and then continually, even if it's before Congress, lies about what's going on. 'The border's closed. We're returning all the Haitians back to Haiti. The ones that we let in the country, if they don't get asylum, will be returned.' But he knows that 98 per cent of the people who request asylum never leave the country even though only 15 per cent are granted asylum. And that's statistics,' Rosenberg said.