The Heritage Foundation has filed a Freedom of Information Action (FOIA) lawsuit against the Department of Homeland Security (DHS) over records on Vice President Kamala Harris’s role as the nation’s so-called “border czar.”
The lawsuit, reviewed exclusively by Breitbart News, asks a federal court to issue a preliminary injunction requiring DHS to produce all records that name Harris as border czar and her role in dealing with illegal immigration by Sept. 21, just before the November presidential election.
“On April 14, 2021, President Joseph R. Biden announced that Vice President Harris would be appointed — in the words of the press — the ‘Border Czar.’ Effectively, this meant Vice President Harris would be responsible for overseeing and coordinating border security policies and operations,” the lawsuit states:
However, there has been considerable confusion on whether or not Vice President Harris was actually the Border Czar, and conversely, whether the massive failure of the Biden-Harris Administration’s immigration policies was Harris’s fault. The Biden-Harris Administration’s open-border policies have led to a porous and dangerous border and a broader immigration crisis. There is widespread acknowledgement that the Biden-Harris Administration’s border policy is a major failure — according to some press accounts the Vice President herself has acknowledged this failure. [Emphasis added]
…
The FOIA Request sought expedited processing because it concerned “[a] matter of widespread and exceptional media interest in which there exist possible questions about the government’s integrity which affect public confidence.” [Emphasis added]
Whether Vice President Harris is in fact the Border Czar raises possible questions about the government’s integrity which affect public confidence in both the Biden-Harris Administration and thereby the American voter’s assessment of Vice President Harris’ fitness for Office. These questions have been the subjects of “widespread and exceptional” media interest. That interest is profound considering allies of the Biden-Harris Administration have tried to downplay Vice President Harris’s responsibilities over border security and immigration enforcement since she became her Party’s Presidential Nominee. Indeed, there has even been press coverage of this lawsuit. [Emphasis added]
In particular, Heritage’s lawsuit seeks to clarify whether Harris is referred to as “border czar” within DHS and the extent of her role in handling illegal immigration; whether Harris is fit to be president; and – if Harris is not referred to as “border czar” – which administration official is responsible.
“The Request goes directly to the core of the issue, seeking all records containing the term ‘Border Czar’ and Harris,” the lawsuit continues:
These questions are of vital importance to the American People; they have a right to know who was responsible for the universally criticized Biden-Harris Administration border policy. These questions are also receiving congressional scrutiny. The question concerning who is responsible for the Biden Administration’s failed border policies created “widespread and exceptional” media interest. And the question of responsibility for the Biden-Harris Administration’s border policy is replete with questions about the Government’s integrity. [Emphasis added]
Plaintiffs’ entitlement to injunctive relief could not be more clear. They are being denied a statutory right entirely about timing and priority. And at its core, this case is about one thing. The requested records go to an important issue in the 2024 General Election, and therefore, the American People should be able to see them prior to the commencement of voting. By September 21, 2024, significant amounts of voting will be underway. Without an order compelling production of all non-exempt records, Plaintiffs — and by extension the American People — will suffer egregious irreparable harm. [Emphasis added]
The case is Heritage Foundation v. DHS, No. 24-cv-2343 in the United States District Court for the District of Columbia.
John Binder is a reporter for Breitbart News. Email him at
