EXCLUSIVE: Republicans on the House Judiciary Committee are demanding that the Biden administration preserve documents related to the ongoing crisis at the southern border -- as Republicans lay the groundwork for investigations and hearings on the matter in the next Congress.

Reps. Jim Jordan, the ranking member, and Tom McClintock, the ranking member of the immigration subcommittee, wrote to Homeland Security Secretary Alejandro Mayorkas and Attorney General Merrick Garland demanding the agencies preserve documents and materials related to border security.

"Committee Republicans intend to continue our oversight of the causes and consequences of the unprecedented Biden border crisis into the 118th Congress," they write. "This oversight includes examining the abdication of your duty to secure our borders, your failure to enforce federal immigration laws, and your dereliction in protecting Americans from the serious and detrimental consequences of the illegal immigration that you and the Biden Administration have caused."

Republicans have been hammering the Biden administration over the ongoing crisis at the border, which saw more than 2.3 million migrant encounters in Fiscal Year 2022 on top of the more than 1.7 million encounters in FY21.


Rep. Jim Jordan, R-Ohio, speaks during a House hearing on Capitol Hill in Washington, Wednesday, May 19, 2021. (AP Photo/Susan Walsh, Pool)

Rep. Jim Jordan, R-Ohio, speaks during a House hearing on Capitol Hill in Washington, Wednesday, May 19, 2021. (AP Photo/Susan Walsh, Pool) (AP Photo/Susan Walsh, Pool)

There were more than 227,000 encounters in September, a high for the month, and more than 850 migrant deaths in FY22. 

The Biden administration has blamed "root causes" like poverty and violence, along with the ending of legal asylum pathways by the Trump administration. Republicans have instead blamed the Biden administration for ending Trump-era enforcement and policies. 

10.28 House Judiciary to Garland by Fox News on Scribd

"The American people deserve full transparency and accountability to understand the severity of the crisis along the border and exactly how it got to this point," they say.

In the letters, the Republicans say that the administration has been unresponsive to requests for documents and information. 

"Since your confirmation we have written to you requesting information about the Administration’s use of federal taxpayer dollars to pay settlements to illegal aliens who violated U.S. law, and your purge of immigration judges appointed by former President Trump for political reasons," they write to Garland. "Our letters have gone unanswered. The American people deserve better than to be ignored by an Administration intent on undermining the rule of law and erasing our national borders."

With the midterms approaching, and many polls suggesting the Republicans may take the House, Jordan and McClintock indicate they have one eye on the next Congress. Should Republicans take the chamber, they will control the committees and have promised to hold hearings into the Biden administration's handling of a number of issues, including the border crisis. Some Republicans have also called for the impeachment of Mayorkas.

10.28 Judiciary GOP to Mayorkas by Fox News on Scribd

"Committee Republicans will continue to pursue these matters, including into the 118th Congress if necessary," they write.


The letters, obtained by Fox News Digital, outline all prior requests for information dating back to March 2021. Requests to DHS include for documents related to the transition, work with NGOs on Title 42 exemptions, information on the terror watch list and the number of illegal immigrants released into each state.

From the DOJ, Republicans are seeking documents related to potential payments for separated illegal immigrants and the termination of immigration judges from the Executive Office for Immigration Review.