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New York City law to let non-citizen's vote ruled unconstitutional in appellate court

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New York City law to let non-citizen's vote ruled unconstitutional in appellate court

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A New York state appeals court has denied an attempt by New York City leaders to implement a law that would let non-citizens vote in local elections.

In a 3-1 ruling issued Wednesday by the Appellate Division for the Second Judicial Department, the body said the law violated the New York Constitution and Municipal Home Rule Law.

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It “must be declared null and void,” the court said in a 43-page ruling.

The law was passed in December 2021 by the City Council and created a class of “municipal voters,” comprising non-citizens who reside in the city for at least 30 days before an election and register or pre-register to vote. Municipal voters would be granted the right to participate in elections for mayor, public advocate, comptroller, borough president and council member.

WISCONSIN’S GOP-LED LEGISLATURE MAKES SECOND ATTEMPT TO DRAW MAPS BEFORE SUPREME COURT DOES

Asylum seekers line up in front of the historic Roosevelt Hotel, converted into a city-run shelter for newly arrived migrant families in New York City. (Selcuk Acar/Anadolu Agency via Getty Images)

The law faced legal challenges almost immediately. 

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It would have applied to some 800,000 new eligible voters in a city of 8.5 million. However, the appellate court said that the clause in the state constitution that says “every citizen shall be entitled to vote…” applies exclusively to U.S. citizens.

“As there is no reference to non-citizens, and thus, an irrefutable inference applies that non-citizens were intended to be excluded from those individuals entitled to vote in elections,” the court said. 

New York Mayor Eric Adams enacted the law upon taking office in January 2022. It was ruled illegal several months later. The mayor defended the law and appealed a lower ruling against it.  

Fox News Digital has reached out to Adams’ office and it was not clear if he would appeal Wednesday’s ruling.

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Eric Adams speaks during Manhattan press conference

New York City Mayor Eric Adams speaks during a Manhattan news conference on May 17, 2023, in New York.  (Barry Williams/New York Daily News/Tribune News Service via Getty Images)

Many Democrats championed the law, saying it would make the city’s politics more inclusive, while Republicans contended it could lead to voter fraud and that Democrats were only looking to pad their numbers. 

“Great news! We won in the appellate court and @NYCMayor’s attempt to implement the law to register non-citizens to vote in #NYC elections has been struck down,” U.S. Rep. Nicole Malliotakis, R-New York, posted on X. “This is a big victory in preserving both the integrity of our elections & the voice of American citizens!

Malliotakis, who represents New York’s borough of Staten Island, was one of several plaintiffs to sue over the law, along with Borough President Vito Fossella.

“Fortunately, common sense prevails in New York, thanks to the decision reached by the Appellate Division, Second Judicial Department. The New York State Constitution is clear in that only citizens can vote in our local elections. It is simply irresponsible and nonsensical to extend this right to non-citizens. We are pleased that the Appellate court shared this understanding. This is a win for New York citizens and upholds the integrity of our elections,” Fossella said.

The New York Immigration Coalition said it was disappointed in the ruling. 

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“For generations, New York City’s culture and economy have benefited from the immigrants who have come here to work, raise their families, uplift their communities and pay taxes in New York,” NYIC Executive Director Murad Awawdeh said in a statement. “While we are still reviewing the decision and its impact on immigrant New Yorkers, the lawsuit remains another shameful attempt by xenophobic Republicans who would disenfranchise residents rather than promote a more inclusive and participatory democracy. Immigrant New Yorkers deserve a say in how their local government functions and spends their tax money, and we remain committed to ensuring the expansion of voting rights.”

voting booth

A New York state appeals court has denied an attempt by New York City leaders to implement a law that would let non-citizens vote in local elections. (PAUL J. RICHARDS/AFP via Getty Images)

The ruling comes as New York City is grappling with a surge in migrants that has resulted in an uptick in crime and anger from residents. In December, Adams warned that the city was at its “breaking point” as city resources and shelter services had become strained.

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'Willful coverup': Democrat in key House race hit with ethics complaint that could derail campaign

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'Willful coverup': Democrat in key House race hit with ethics complaint that could derail campaign

FIRST ON FOX: A Democratic House candidate in one of the most closely watched races in the country was the subject of an ethics complaint alleging that she had failed to act on allegations of sexual harassment and assault against a man working with her campaign.

Fox News Digital obtained a complaint filed with the state’s Legislative Equality Office against Janelle Bynum, running for Congress in Oregon’s 5th Congressional District, alleging that Bynum had failed to be a mandatory reporter of allegations against a man working for the PAC that staffed her State Representative campaign in 2022. 

The complaint also alleged that when confronted about the alleged actions, Bynum was dismissive and even threatened the individual who had reached out to her.

“During the 2024 primary election, I was contacted by an informant with information about Rep. Bynum and her willful coverup of a sexual assault of a minor volunteer who worked for her during the 2022 cycle,” the complaint reads. 

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Janelle Bynum is running for Congress in Oregon’s 5th Congressional District. (Fox News)

The complainant claims to have “personally spoken” with two former staff members who alleged that they had reported inappropriate sexual behavior by a field organizer “directly” to Bynum, along with two others associated with the campaign, “only for nothing to be done.”

“For me, the primary issue here is that all Legislators are mandatory reporters,” the complaint says. “Bynum received credible information regarding one of her campaign staff sexually harassing and assaulting young volunteers, and not only did she not report it, but she also threatened to report the person who blew the whistle. . . .”

In a statement to Fox News Digital, a Bynum campaign spokesperson said, “This attempt to smear Rep. Bynum is not based in reality. As a mom of two young women and a legislator who has spent her career advocating for others, Rep. Bynum takes this subject personally — which is why she flagged these accusations directly to the accuser’s employer, Future PAC, as soon as she was made aware of them after the 2022 election.”

“It’s also why she’s openly aided the Legislative Equity Office’s investigation into the matter. Rep. Bynum expected Future PAC to deal with these accusations fairly and swiftly and to ensure their employees’ well-being and safety. If Future PAC did anything less, that is unacceptable.” 

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The Bynum campaign shared an email exchange between Bynum and the Legislative Equity Office on September 20 in which the office told her she is “not being investigated” by the office.

However, two sources familiar with the situation told Fox News Digital that state police have conducted interviews regarding the complaint which was recently forwarded to them in the last couple of weeks. The nature and scope of that investigation is not known at this time.

Fox News Digital obtained text messages between a former Bynum campaign manager and Bynum in which Bynum appeared to show little interest in bringing attention to the alleged impropriety against her former staffer.

“I asked you not to send me anything and I meant that,” Bynum says in a November 17th text in response to a warning from a former campaign manager about the staffer harassing women associated with the campaign. “I really can’t take anything else on my plate.”

The former campaign manager continued pressing the issue a few days later.

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MCDONALD’S FRANCHISE OWNER BACKED BY TOP DEMS WINS KEY PRIMARY THAT COULD SWING CONTROL OF CONGRESS

The U.S. Capitol dome, Washington, D.C.

The U.S. Capitol dome, Washington, D.C. (AP)

“While as unfortunate as this may be for you or [redacted] I am NOT siting (sic) by while someone like this gets off scott free treating young women abusively like that,” the former campaign manager texted Bynum on November 21, 2022. “If he gets a job down there this won’t be the last you hear of it I promise.”

Bynum responds by asking, “Are you threatening me?”

“Woah, easy there,” the former campaign manager responds. “I am promising you and anyone else that I am not OK with someone treating young women like that.”

“I’ll consider reporting your actions,” Bynum responded. “Thank you for letting me know.”

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In another text thread on November 14, 2022, a FuturePAC staffer says, “It’s best we handle telling Janelle” and says we will “certainly flag” the concerns.

It is unclear the exact date that Bynum flagged the concerns through the appropriate channels, but two sources familiar with the situation told Fox News Digital that the accused staffer has continued to be associated with FuturePAC in the last couple of years and held a position with the Oregon State Legislature after the 2022 campaign. FuturePAC did not respond to an inquiry related to this allegation shared with Fox News Digital.

OREGON DEPARTMENT OF JUSTICE PRIORITIZES LOOPHOLES OVER COMPENSATION, ADVOCATES ARGUE

The July 2024 complaint accuses Janelle Bynum of a "willful coverup of a sexual assault of a minor volunteer who worked for her during the 2022 cycle."

The July 2024 complaint accuses Janelle Bynum of a “willful coverup of a sexual assault of a minor volunteer who worked for her during the 2022 cycle.” (Oregon Legislative Equity Office)

The July 2024 complaint accuses Janelle Bynum of a "willful coverup of a sexual assault of a minor volunteer who worked for her during the 2022 cycle."

The July 2024 complaint accuses Janelle Bynum of a “willful coverup of a sexual assault of a minor volunteer who worked for her during the 2022 cycle.” (Oregon Legislative Equity Office)

Fox News Digital reviewed text messages between Bynum and a FuturePAC staffer between November 22, four days after the text exchange with the former campaign manager, and November 30 where she attempted to get him on the phone about an unspecified matter. 

Two sources familiar with the situation told Fox News Digital that multiple staffers at FuturePAC, a campaign arm of Oregon House Democrats that staffs local campaigns, were aware of concerns and allegations against the individual during the campaign but told staffers it would be addressed after the campaign concluded. A spokesperson for FuturePAC denied these allegations.

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“To our knowledge, during the 2022 cycle no official complaints that would have triggered [an] investigation under the contract were made regarding the staff assigned to Rep. Bynum’s campaign,” a FuturePAC spokesperson told Fox News Digital. “FuturePAC hires and manages the campaign staff working on campaigns that we are supporting — as such, campaign staffers are FuturePAC employees, not employees of individual candidates. We take all allegations regarding staff conduct during campaign work seriously.”

“Our union contract agreement with the Campaign Workers Guild requires official complaints and investigations to be handled through FuturePAC — campaigns and candidates are not allowed to be responsible for investigations of any workplace conduct. To our knowledge, during the 2022 cycle no official complaints were made that would have triggered investigation under the contract.”

Portland Oregon

Portland, Oregon (iStock)

Rule 27 of the Oregon State Legislature says, “Members of the Legislative Assembly … are expected to conduct themselves in a manner that is free of harassment and to discourage all harassment in the workplace and at professional meetings, seminars, or at any event at which the Legislative business is conducted.”

Multiple state laws on the books in Oregon deal with state legislators being required to report allegations of sexual assault, specifically related to children and minors, and legislators are commonly understood to be mandatory reporters of such allegations.

Bynum drew criticism in 2019 from sexual assault survivors for voting against a bill that would have given more time for victims to sue by expanding the statute of limitations for rape.

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“It’s not popular to protect the accused, but it is our job,” Bynum said at the time.

A spokesperson for the Oregon State Police confirmed they have “received an initial complaint” regarding the July complaint against Bynum but would not comment “in regards to the status or scope of an investigation” or on where the complaint they received originated.

“Janelle is the only person in this race who has been a consistent champion for the underserved and underrepresented, and she’ll do what’s best for Oregonians in the halls of Congress,” DCCC spokesperson Dan Gottlieb told Fox News Digital. “Lori Chavez-DeRemer has no business lecturing anyone about standing up for victims and survivors.”

Congressional Black Caucus PAC Senior Advisor Chris Taylor told Fox News Digital that Bynum is not to blame for the complaint.

Janelle Bynum (Left) and her failed Democratic primary opponent Jamie McLeod-Skinner (Right)

Janelle Bynum (Left) and her failed Democratic primary opponent Jamie McLeod-Skinner (Right) (Janelle Bynum for Congress/Jamie McLeod-Skinner for Congress)

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“Future PAC and Oregon Speaker of the House Julie Fahey ought to take responsibility for the alleged HR failures in their organization – We won’t tolerate politically convenient blame shifting on the only Black woman in the State House,” Taylor said. “As a mother, small business owner and dedicated public servant, Janelle has a track record of delivering for Oregon and we know she’ll do even more good for Oregonians when she gets to Congress.” 

A spokesperson for EMILY’s List told Fox News Digital that Bynum “is a mother and a state representative who has been a steadfast advocate for Oregonians throughout her entire career.”

“Throughout this election, Republicans have shamefully tried to smear Bynum’s record and this is just their latest attempt to distract from the extremist agenda Lori Chavez-DeRemer and her MAGA allies are pushing. We are proud to stand by Bynum and we are confident she will continue to stand up for Oregonians against Republican extremism.”

A source familiar with the situation told Fox News Digital that Bynum “would have received annual training on her duties as a mandatory reporter” making her certain of her “obligation to report this to law enforcement” and not to FuturePac.” 

“Her dereliction of duty is not on Fahey or anyone else.”

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Bynum is running against Republican Congresswoman Lori Chavez-DeRemer in a race that some experts believe could tip the balance of power in the House.  

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Why the U.S. probably can't stop Israel from widening the war in Lebanon

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Why the U.S. probably can't stop Israel from widening the war in Lebanon

The relationship between Israel and its closest and most reliable ally, the United States, has started to feel like a case of unrequited love.

Despite being sidelined repeatedly by Israel over the last year, the Biden administration keeps up its nearly unquestioning support — even as Israel all but ignores American efforts to contain the violence and rein in its behavior.

This week, the U.S. government is publicly backing Israel’s march into southern Lebanon, the first such incursion in nearly two decades. The U.S. also supports Israel’s anticipated retaliation against Iran after Tehran’s bombardment of its archrival this week. Both actions could easily push the region into all-out war, a conflict Washington says it doesn’t want.

U.S. officials insist they are working to avert a wider war. But they have little to show for the effort so far. It wasn’t always so hard.

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The United States gives Israel around $3 billion a year in aid and much of it in weapons: 2,000-pound bombs, sophisticated air-defense systems, even ammunition. The two countries have long shared intelligence, political goals and foreign policy agendas, and successive U.S. administrations have had considerable sway over Israel and its decisions that had global effects.

An Israeli Apache helicopter releases flares near the border with Lebanon, as seen from northern Israel on Oct. 2, 2024.

(Baz Ratner / Associated Press)

That ability appears to have waned in the last year, for a variety of reasons, some less obvious than others.

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The unprecedented scale — and horror — of the Oct. 7 attack is one.

A year ago, Hamas-led militants based in the Gaza Strip swept into southern Israel, killing around 1,200 people, maiming many more and kidnapping around 250.

Before that, the Biden administration had kept its distance from the government of Israeli Prime Minister Benjamin Netanyahu because of its radically racist anti-Arab, anti-democratic members. Netanyahu had also been exploiting U.S. partisan politics in recent years, openly courting GOP favor and eschewing the usual Israeli policy of staying neutral in American politics.

After Oct. 7, there was a outpouring of support from the United States. President Biden hopped on Air Force One to pledge American backing. U.S. Secretary of State Antony J. Blinken, evoking his own Jewish faith, traveled to Israel 10 times in as many months, trying to address concerns and contain the potential violence.

A man in a dark coat waves while descending the steps as he disembarks from an aircraft

U.S. Secretary of State Antony J. Blinken arrives in Amman, Jordan, in January, one of his many visits to the Middle East during the Israel-Hamas war.

(Evelyn Hockstein / Associated Press)

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Netanyahu appears to have read that early administration response as a near-blanket endorsement for an open-ended invasion of Gaza. More than 41,000 Palestinians have been killed in that assault, Gaza officials estimate. The authorities do not differentiate between civilian and combatant deaths.

“The Israelis saw this as essentially a green light,” said Steven Cook, a senior fellow specializing in the Middle East at the Council on Foreign Relations.

At the same time, Israelis, and particularly Netanyahu, have increasingly resisted pressure and advice from the Biden administration when it comes to dealing with Palestinians and other perceived security threats, exerting greater independence.

“Over a period of time, the Israelis have come to believe that the administration has not given them good advice [and] they are determined … to change the rules of the game,” Cook said.

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Increasingly emboldened, Netanyahu repeatedly outplayed and misled U.S. officials, according to people with knowledge of talks aimed at halting hostilities and freeing Israeli hostages.

After having laid waste to much of northern and central Gaza, Israel promised U.S. officials it would not do the same in the southern city of Rafah, where a million Palestinians were sheltering.

Yet as each day passed in the spring, Israeli airstrikes gradually chopped away at Rafah. In recent months, U.S. officials say Netanyahu backed out of cease-fire agreements for Gaza even as some of his spokespeople, such as Ron Dermer, who has the ear of U.S. officials, said Israel was on board.

Just last week, Biden administration officials frantically sought a 21-day cease-fire in Lebanon, backed by France and others. They thought they had secured Israel’s agreement.

Then Netanyahu landed in New York for the annual United Nations General Assembly and made clear he would press ahead unfettered in his offensive against the Iran-backed Hezbollah organization in Lebanon.

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A man in dark suit and blue holds up two posters of maps, one says The Curse and the other titled The Blessing

Israeli Prime Minister Benjamin Netanyahu addresses the 79th session of the United Nations General Assembly on Sept. 27, 2024.

(Richard Drew / Associated Press)

In turning a deaf ear to U.S. entreaties, Netanyahu seems to be taking advantage of Biden’s emotional affinity for Israel and of the political timing that ties the lame-duck president’s hands.

Biden is among the last of the old-school U.S. congressional lawmakers who were reared in the post-Holocaust period where an emerging Israel struggled for its survival against greater Arab powers and won. It seemed a noble cause, and Biden frequently has expressed his undying love for the “Jewish state.”

Fast forward to this season just weeks away from a monumental U.S. presidential election, and Netanyahu probably calculates that Biden will not move forcefully to make demands on Israel when it could cost the Democratic ticket votes in a razor-edge close vote.

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“American leverage, and Biden’s leverage in particular, is very small at this point,” said Rosemary Kelanic, a political scientist specializing in the Middle East, now at Defense Priorities, an antiwar Washington advocacy group.

“Politically, it’s really difficult to do anything that seems like it’s changing American foreign policy right before an election,” she said.

Even the most minimal challenges to Israel — such as sanctions on Jewish settlers in the occupied West Bank who kill and harass Palestinians, or the brief suspension of 1-ton bombs being lobbed on Gazan population centers — have generated backlash from the Republican right wing.

“We call on the Biden-Harris administration to end its counterproductive calls for a cease-fire and its ongoing diplomatic pressure campaign against Israel,” House Speaker Mike Johnson said after Israel assassinated Hezbollah leader Hassan Nasrallah.

By moving aggressively in Lebanon now, Israel may be betting it can operate more freely in the political vacuum created by the U.S. election.

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Huge clouds of gray smoke rise over a landscape of buildings

A view from northern Israel of the aftermath of an Israeli bombardment in southern Lebanon on Oct. 3, 2024.

(Baz Ratner / Associated Press)

“I see the Israelis pushing to change the facts on the ground as much as they can” before the U.S. election, said Mike DiMino, a longtime CIA analyst based in the Middle East.

In addition to potentially occupying southern Lebanon while the U.S. is preoccupied with an election, Israel could also force the next U.S. president to confront a regional conflict that also involves Iran, experts say.

Netanyahu “has long wished for a big military escalation with Iran that would force the Americans to join, and perhaps to attack Iran directly,” Dahlia Scheindlin, a fellow at the Century Foundation, wrote in the liberal Israeli newspaper Haaretz. “The circumstances are ripening in a way they never have before.”

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Speaker Johnson rips ‘lack of leadership’ in Biden admin's Helene response: 'alarmed and disappointed'

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Speaker Johnson rips ‘lack of leadership’ in Biden admin's Helene response: 'alarmed and disappointed'

EXCLUSIVE: Speaker Mike Johnson, R-La., is criticizing the Biden administration’s response to Hurricane Helene while warning the price tag for its recovery could be “one of the most expensive” the U.S. has seen.

“There were some pretty ominous projections, and so Congress acted appropriately,” Johnson told Fox News Digital Friday evening, noting lawmakers freed up roughly $20 billion in immediate funding for FEMA in last month’s short-term federal funding bill. “But, so far, [President Biden, Vice President Harris and Homeland Security Secretary Mayorkas] have failed in that response.”

Johnson said he was “alarmed and disappointed” by Biden officials’ comments immediately after the storm suggesting FEMA was too low on funds to deal with Helene’s wrath. 

Mayorkas said “we are meeting the immediate needs” of the hurricane earlier this week but said “FEMA does not have the funds to make it through the season.”

NORTH CAROLINA REELING FROM DEVASTATING HELENE AS DEATH TOLL CLIMBS: ‘NEVER SEEN ANYTHING QUITE LIKE THIS’

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Speaker Mike Johnson spoke with Fox News Digital after he toured areas in Florida and Georgia hit by Hurricane Helene. (Getty Images)

Biden suggested earlier this week he may want Congress to return for an emergency session to pass a supplemental disaster aid bill.

“They are scrambling to cover their egregious errors and mistakes. And there’s an effort to blame others or blame circumstances when this is just purely a lack of leadership and response,” the speaker said. He noted Mayorkas said in July that FEMA was “tremendously prepared” for weather crises this year. Fox News Digital reached out to the White House and DHS for comment.

Johnson also argued lawmakers could not act until an assessment by state and local authorities produced projections of how much needs to be allocated.

“I don’t think those estimates could conceivably be completed until at least 30 days — until after the election, and that’s when Congress will be back in session again,” he said.

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HURRICANE HELENE: NORTH CAROLINA RESIDENTS FIGHT FOR THEIR SURVIVAL AS BASIC GOODS BECOME SCARCE

The Republican leader is no stranger to hurricanes. He noted his native Louisiana is still dealing with the damage from Hurricane Katrina today, but his prediction was dire when asked about the cost of recovery after Helene ravaged the Southeast, killing more than 200 people.

He said it could be “one of the most expensive storms that the country has ever encountered.”

“It affects at least six states — a broad swath of destruction across many, many areas — and I think that’s why it’s going to take a while to assess,” Johnson said.

President Joe Biden

Johnson criticized President Biden’s response to the storm. (Andrew Caballero-Reynolds/AFP via Getty Images)

“As soon as those numbers are ready, Congress will be prepared to act,” Johnson vowed at another point.

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“I certainly hope the administration is working overtime right now to … help get them prepared.”

As part of immediate response efforts, Johnson has toured areas in Georgia and Florida pummeled by the storm and is poised to visit hard-hit North Carolina in the coming days, he said.

Criticism over FEMA’s response has prompted some conservatives to accuse the Biden administration of diverting disaster aid funds toward supporting illegal immigrants at the border through the Shelter and Services Program (SSP), which was allocated roughly $650 million in the last fiscal year.

TRUMP TARGETS BIDEN, HARRIS OVER FEDERAL RESPONSE TO HURRICANE: ‘INCOMPETENTLY MANAGED’

Both the White House and Department of Homeland Security (DHS) have vigorously denied any link between disaster aid and SSP beyond both being administered by FEMA and have said claims of any disaster relief dollars being used to support migrant housing services are false.

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“No disaster relief funding at all was used to support migrants’ housing and services. None. At. All,” White House Deputy Press Secretary Andrew Bates said in a memo on Friday. “In fact, the funding for communities to support migrants is directly appropriated by Congress to CBP, and is merely administered by FEMA. The funding is in no way related to FEMA’s response and recovery efforts.”

Johnson did not give a definitive answer when asked about the concerns echoed on the right, but he accused Mayorkas of mismanaging DHS.

Homes damaged by the hurricane in Chimney Rock

Homes in the aftermath of Hurricane Helene Oct. 2, 2024, in Chimney Rock Village, N.C. (AP Photo/Mike Stewart)

“There is a lot of controversy about the nonsense that the Mayorkas Department of Homeland Security has engaged in. With their … dangerous open-borders policy and then the relocation efforts of taking illegal aliens and transporting them around the country,” Johnson said. “We have been working every day, House Republicans, to stop the madness.

“And, so, what happened is that FEMA, because it’s a division of DHS, it’s very clear that they should be focused on helping Americans recover from disasters and not straining resources that go to other programs that are catering to illegals.”

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When pressed on whether DHS was able to divert congressionally appropriated funding for disaster aid into SSP, Johnson said, “There are different programs that have different funding.”

He pointed out that House Republicans are seeking to defund the SSP program in the current federal funding discussions for fiscal year 2025.

“We are doing everything within our power to prevent these abuses of the law and abuses of taxpayer dollars from the White House and the Democratic Party,” Johnson said.

Fox News Digital’s Adam Shaw contributed to this report

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