[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 582 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. RES. 582
Impeaching Alejandro Nicholas Mayorkas, Secretary of Homeland Security,
for high crimes and misdemeanors.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 10, 2021
Mr. Biggs (for himself, Mr. Hice of Georgia, Mrs. Miller of Illinois,
Mrs. Greene of Georgia, Mrs. Boebert, Mr. Norman, Mr. Gohmert, Mr. Good
of Virginia, Mr. Rosendale, Mr. Perry, Mr. Gosar, and Mr. Gaetz)
submitted the following resolution; which was referred to the Committee
on the Judiciary
_______________________________________________________________________
RESOLUTION
Impeaching Alejandro Nicholas Mayorkas, Secretary of Homeland Security,
for high crimes and misdemeanors.
Resolved, That Alejandro Nicholas Mayorkas, Secretary of Homeland
Security, is impeached for high crimes and misdemeanors and that the
following articles of impeachment be exhibited to the United States
Senate:
Articles of impeachment exhibited by the House of Representatives
of the United States of America in the name of itself and of the people
of the United States of America, against Alejandro Nicholas Mayorkas,
Secretary of Homeland Security, in maintenance and support of its
impeachment against him for high crimes and misdemeanors.
article i
Alejandro Nicholas Mayorkas, in his conduct while Secretary of
Homeland Security, engaged in a pattern of conduct that is incompatible
with his duties as an Officer of the United States, as follows:
Secretary Mayorkas took an oath to defend and secure our country
and uphold the Constitution when he was sworn in as Secretary of
Homeland Security on February 2, 2021. Article II of the U.S.
Constitution tasks the Executive branch--which today includes the
Secretary of Homeland Security--with ensuring the laws passed by
Congress and signed into law by the President are faithfully executed.
Secretary Mayorkas has failed to faithfully uphold his oath and has
instead presided over a reckless abandonment of border security and
immigration enforcement, at the expense of the Constitution and the
security of the United States. Secretary Mayorkas has violated, and
continues to violate, this requirement by failing to maintain
operational control of the border and releasing hundreds of thousands
of illegal aliens into the interior of the United States.
Secretary Mayorkas has willfully refused to maintain operational
control of the border as required by the Secure Fence Act of 2006. His
actions have directly led to an increase in illegal aliens and illegal
narcotics, including deadly fentanyl, entering the United States.
The Secure Fence Act of 2006 (Public Law 109-367) requires the
Secretary of Homeland Security to take all actions ``necessary and
appropriate to achieve and maintain operational control over the entire
international land and maritime borders of the United States[.]''. The
Act defines ``operational control'' as the ``prevention of all unlawful
entries into the United States, including entries by terrorists, other
unlawful aliens, instruments of terrorism, narcotics, and other
contraband.''.
During the Trump Administration, the Department of Homeland
Security constructed approximately 450 miles of new and replacement
border wall system; an additional 285 miles were either under
construction or in the pre-construction phase at the end of the Trump
Administration in January 2021. Under Secretary Mayorkas's direction,
the Department of Homeland Security terminated contracts for additional
border wall construction despite funds being appropriated by Congress
for this purpose. His decision has left key portions of the southern
border unsecure and cost American taxpayers billions of dollars.
Secretary Mayorkas has willfully violated the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) by releasing illegal aliens
into the interior of the United States despite the plain language of
the Act, which requires the Secretary of Homeland Security to detain
inadmissible aliens arriving into the United States or aliens who are
present in the United States without inspection while such aliens are
processed under expedited removal or placed in removal proceedings. The
Secretary of Homeland Security does not have the option of simply
releasing those aliens into the interior of the United States.
Secretary Mayorkas reinstituted the catch and release policies of
the Obama administration and has even released inadmissible aliens into
the interior of the United States without issuing the aliens notices to
appear for immigration proceedings. He is relying on the aliens to
report on their own volition to U.S. Immigration and Customs
Enforcement offices to be placed into removal proceedings, a practice
that violates the law and defies logic and common sense. Department of
Homeland Security data show that over 80 percent of these released
illegal aliens are failing to report to a U.S. Immigration and Customs
Enforcement field office.
On May 13, 2021, Secretary Mayorkas admitted during testimony
before the Senate Committee on Homeland Security and Governmental
Affairs that U.S. Customs and Border Protection was releasing
inadmissible aliens, whom the Department of Homeland Security is
required to detain, into the interior of the United States. This was an
admission that under his direction, the Department of Homeland Security
is violating the law.
Secretary Mayorkas terminated the Migrant Protection Protocols,
which provided a lawful pathway to process claims and served as a
deterrent to illegal immigration and aliens making fraudulent asylum
claims.
Secretary Mayorkas has even refused to tell aliens not to attempt
to enter the United States illegally. During a White House press
briefing on March 1, 2021, Secretary Mayorkas stated, ``We are not
saying, `Don't come'.''
As a result of Secretary Mayorkas's actions and policies, the
border and the country are less secure today than when he began serving
as Secretary. U.S. Customs and Border Protection encounters have
increased each month since he became Secretary. Since February 2021,
more than 800,000 aliens have been encountered by U.S. Customs and
Border Protection personnel at the southwest land border. This number
does not include the increasing number of ``got aways'', aliens who
have evaded Border Patrol apprehension, of which there have been
estimated to be approximately 1,000 per day.
In addition to illegal aliens, Secretary Mayorkas's policies have
led to a significant increase in illegal drug smuggling across the
southern border.
Secretary Mayorkas's actions have made the border less secure and
encouraged aliens to enter the United States illegally, instead of
taking actions to maintain operational control of the border. His
actions have subverted the will of Congress and the core tenants of the
Constitution.
Wherefore, Alejandro Nicholas Mayorkas, by such conduct, warrants
impeachment and trial, and removal from office.
article ii
Alejandro Nicholas Mayorkas, in his conduct while Secretary of
Homeland Security, engaged in a pattern of conduct that has placed
departmental personnel and American citizens at risk of exposure to and
contracting COVID-19, by refusing to take necessary steps to prevent
potentially contagious illegal aliens from entering the United States.
On March 20, 2020, the Centers for Disease Control and Prevention
issued an order, pursuant to sections 362 and 365 of the Public Health
Service Act (commonly known as ``title 42'') (42 U.S.C. 265 and 268),
suspending the right to introduce certain persons into the United
States from countries where a quarantinable communicable disease
exists. This order has been extended multiple times since it was first
issued, most recently on August 2, 2021. According to the Centers for
Disease Control and Prevention, this order is necessary ``to protect
the public health from an increase in the serious danger of the
introduction of Coronavirus Disease 2019 (COVID-19) into the [ports of
entry] POEs, and the Border Patrol stations between POEs, at or near
the United States borders with Canada and Mexico.''.
The law requires Border Patrol agents and other U.S. Customs and
Border Protection officers to enforce the order. Despite this
requirement, Secretary Mayorkas has refused to faithfully implement
this order, as evidenced by the increasing number of aliens processed
by U.S. Customs and Border Protection under title 8, United States
Code, instead of expelled pursuant to sections 362 and 365 of the
Public Health Service Act (commonly known as ``title 42'') (42 U.S.C.
265 and 268). According to U.S. Customs and Border Protection data from
February 2021, approximately 26 percent of aliens encountered by the
Border Patrol were processed pursuant to such title 8 instead of
pursuant to sections 362 and 365 of the Public Health Service Act
(commonly known as ``title 42'') (42 U.S.C. 265 and 268), and in June
2021, nearly 42 percent of aliens encountered by Border Patrol were
processed pursuant to such title 8.
If the Secretary of Homeland Security is unable to expel aliens
pursuant to sections 362 and 365 of the Public Health Service Act
(commonly known as ``title 42'') (42 U.S.C. 265 and 268), the Secretary
should not release aliens into the interior of the United States where
they can spread COVID-19. However, instead of detaining aliens as
required by law, under Secretary Mayorkas's direction, the Department
of Homeland Security has released and transported hundreds of thousands
of aliens into the interior of the United States without properly
screening the aliens for COVID-19 to ensure that the aliens would not
spread COVID-19. In many other cases, aliens known by the Department of
Homeland Security to have COVID-19 were released into the interior of
the United States. These actions have subjected the American people to
unnecessary and avoidable risks and have strained border communities'
limited health services and resources.
In failing to use authority under sections 362 and 365 of the
Public Health Service Act (commonly known as ``title 42'') (42 U.S.C.
265 and 268) to the fullest extent possible, and by releasing
potentially contagious aliens into the interior of the United States
and transporting said aliens throughout the United States, Secretary
Mayorkas has placed Department of Homeland Security personnel and the
American people at risk. Subjecting Department of Homeland Security
personnel and the American people to these risks is unnecessary,
avoidable, and a violation of Secretary Mayorkas's duty.
Wherefore, Alejandro Nicholas Mayorkas, by such conduct, warrants
impeachment and trial, and removal from office.
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