FIRST ON FOX: The North Carolina Republican congressional delegation says it is "frustrated" by what it describes as a lack of transparency regarding the opening of a migrant facility in the state, arguing that they have been unable to get information about its operations.

The lawmakers say in a letter to Health and Human Services (HHS) Secretary Xavier Becerra that they were told on March 1 that the Greensboro Influx Care Facility, where unaccompanied minors will be housed before being transferred into the care of a sponsor, will be operational on March 15. The letter is led by Rep. Richard Hudson, R-N.C., and also includes the signatures of other North Carolina Republicans, including Sen. Thom Tillis, Rep. Virginia Foxx and Sen. Ted Budd.

Unaccompanied children are typically moved from Border Patrol custody to HHS care when they are encountered at the southern border as they are moved through the country to be put into the care of sponsors.

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"Our offices were notified late afternoon on Friday, March 1, 2024, despite repeated, outstanding requests for answers about plans for operationalizing the facility," they write. "We are frustrated by this sudden announcement and the [HHS] lack of transparency to Congress and the State of North Carolina related to this issue."

They say they have requested information regarding site selection, contracts, services and plans to ensure the well-being of the minors, as well as the impact on surrounding areas. 

Fox reported in 2022 that the administration had signed a five-year contract to begin leasing the site – an abandoned school. City officials at the time said the site was "about doing the right thing for these children."

But the lawmakers say there has been a lack of transparency in response to their queries.

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"While we have continued to push for information about this facility, we have consistently faced significant delays in responses to our inquiries," they say.

"This delay and lack of transparency have left us with continued concerns about whether the facility is fit for operation," they go on to say, adding that one concern is that the facility is being operationalized even while changing who contracts for services.

Fox 8 reported that officials have said children will not immediately be housed there, despite it being operational. It reported that HHS has previously told officials in 2022 that arrivals will be given assessments, medical exams, daily education, counseling, case management, contact with family members and access to legal services. Fox News Digital reached out to HHS on the matter.

The lawmakers' letter comes amid furious debate over the three-year crisis at the southern border. The administration has said it needs more funding and comprehensive immigration reform from Congress, including a recent bipartisan Senate bill. Republicans have said it is the administration’s policies that have increased the number of migrants being encountered at the border.

"It is unacceptable that the Biden administration’s failed immigration policies have resulted in a humanitarian crisis for migrants and the need for an ICF at all. We are particularly concerned about the need for a facility 2,000 miles away from the border in North Carolina," they say, calling on the administration to "take action to secure our border and address the crisis of unaccompanied minor migration with real solutions."

Fox News' Bill Melugin contributed to this report.

Special Counsel Robert Hur is standing by his report on President Biden's handling of classified documents, maintaining he did not unfairly characterize his mental health.

Hur — who is expected to testify Tuesday in front of the House Judiciary Committee on Capitol Hill at 10 a.m. — will push back against accusations of politicizing the report by commenting on Biden's failing memory.

"My assessment in the report about the relevance of the President’s memory was necessary and accurate and fair," Hur wrote in a copy of the prepared remarks obtained by Fox News. "Most importantly, what I wrote is what I believe the evidence shows, and what I expect jurors would perceive and believe."

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The remarks continued, "I did not sanitize my explanation. Nor did I disparage the President unfairly. I explained to the Attorney General my decision and the reasons for it. That’s what I was required to do."

Hur, who released his report to the public in February, did not recommend criminal charges against Biden for mishandling and retaining classified documents and stated that he wouldn't bring charges against Biden even if he were not in the Oval Office.

Those records included classified documents about military and foreign policy in Afghanistan and other countries, among other records related to national security and foreign policy, which Hur said implicated "sensitive intelligence sources and methods."

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Hur did not recommend any charges against the president but did describe him as a "sympathetic, well-meaning elderly man with a poor memory" — a description that has raised significant concerns for Biden's 2024 re-election campaign.

Democratic lawmakers and part leaders sharply criticized the inclusion of comments about the president's mental capabilities, saying it unnecessarily politicized the investigation.

"I analyzed the evidence as prosecutors routinely do: by assessing its strengths and weaknesses, including by anticipating the ways in which the President’s defense lawyers might poke holes in the government’s case if there were a trial and seek to persuade jurors that the government could not prove his guilt beyond a reasonable doubt," Hur claimed in the prepared remarks.

He added, "There has been a lot of attention paid to language in the report about the President’s memory, so let me say a few words about that. My task was to determine whether the President retained or disclosed national defense information "willfully"—meaning, knowingly and with the intent to do something the law forbids. I could not make that determination without assessing the President’s state of mind."

Fox News' Tyler Olson and David Spunt contributed to this report.