The Missouri Republican’s decision resulted from an exchange with Mayorkas hours earlier, during the nominee’s confirmation hearing before the Senate Homeland Security Committee.
“Mr Mayorkas has not adequately explained how he will enforce federal law and protect the southern border, given President-elect Biden’s promise to reverse major security and surveillance measures,” Hawley said in a statement.
“Only today, he refused to say that he would apply the laws that Congress has already passed to protect the border wall system. Given that, I cannot consent to ignore the standard verification process and speed up this appointment when so many questions remain unanswered. “He continued.
The head of the Transportation Security Administration, David Pekoske, is expected to temporarily assume the role of acting secretary of homeland security when the Biden government takes office on Wednesday, according to Department of Homeland Security spokesman Alexei Woltornist .
Federal Emergency Management Agency administrator Pete Gaynor assumed the role of interim secretary for DHS, becoming the sixth secretary under the Trump administration. The department has not had a secretary confirmed by the Senate since April 2019.
Gaynor told his workforce that he would hold the post until “January 20, when President-elect Biden is installed.”
In a statement to CNN, Sean Savett, a spokesman for the Biden transition, called Mayorkas “one of the most knowledgeable homeland security experts in the country”.
“The Senate held swift confirmation votes for the candidate for the DHS Secretary in 2009 and 2017 to get them started on the first day for good reason,” said Savett. “Senator Hawley’s threat to interrupt historical practice and try to leave that vital position vague is dangerous, especially in this time of overlapping crises, when there is not a moment to lose.”
Hawley questioned Mayorkas on Tuesday about the appropriate funds for the US-Mexico border wall and whether they would be spent as intended, in light of Biden’s promise to stop building the wall.
Although Mayorkas pledged to keep Biden’s promise, he said he would do so “in compliance with the laws that guide us”.
“Senator … if I can get to the bottom line that I believe you’re asking, which is, if I’m going to follow the law and carry out my responsibilities, should I be privileged to serve as Secretary of Homeland Security? And the answer is yes, I will follow the law, “said Mayorkas, adding that he would have to understand” what the law provides for regarding the obligation of funds to build the border wall and see what are the opportunities to discontinue such obligations if the law in fact allows and act accordingly. “
“Our country is facing unprecedented crises and threats to American national security, from the devastating Coronavirus pandemic to massive cyber violations in the government and the private sector – and as we have seen very clearly in recent weeks – rising domestic terrorism and anti-government violence. The Department of Homeland Security is the primary agency charged with combating these threats and more, and needs qualified and confirmed leadership by the Senate immediately, “Democratic Senator Gary Peters of Michigan, a senior member of the Senate Homeland Security Committee, said. in a statement, urging his colleagues to confirm Mayorkas.
Senator Chris Murphy said on Tuesday that Hawley’s decision is putting “the country’s security at risk”.
“I mean, you know, all he can do is slow down the nomination and put the country at risk, especially at a time when domestic terrorists are plotting another attack on this nation,” said the Connecticut Democrat when Phil Mattingly of CNN asked his reaction to Hawley’s objection.
Murphy continued, “But Senator Hawley and his gang are pretty sure they put their political interests ahead of the country’s security interests and that is obviously not changing.”
This story has been updated to note that the head of the Transportation Security Administration, David Pekoske, must step in temporarily as secretary of homeland security.
CNN’s Geneva Sands, Phil Mattingly and Ali Zaslav contributed to this report.