[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 863 Engrossed in House (EH)]
<DOC>
H. Res. 863
In the House of Representatives, U. S.,
February 13, 2024.
Resolved, That Alejandro Nicholas Mayorkas, Secretary of Homeland Security
of the United States of America, 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 N. Mayorkas, Secretary of Homeland Security
of the United States of America, in maintenance and support of its impeachment
against him for high crimes and misdemeanors.
article i: willful and systemic refusal to comply with the law
The Constitution provides that the House of Representatives ``shall have the
sole Power of Impeachment'' and that civil Officers of the United States,
including the Secretary of Homeland Security, ``shall be removed from Office on
Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and
Misdemeanors''. In his conduct while Secretary of Homeland Security, Alejandro
N. Mayorkas, in violation of his oath to support and defend the Constitution of
the United States against all enemies, foreign and domestic, to bear true faith
and allegiance to the same, and to well and faithfully discharge the duties of
his office, has willfully and systemically refused to comply with Federal
immigration laws, in that:
Throughout his tenure as Secretary of Homeland Security, Alejandro N.
Mayorkas has repeatedly violated laws enacted by Congress regarding immigration
and border security. In large part because of his unlawful conduct, millions of
aliens have illegally entered the United States on an annual basis with many
unlawfully remaining in the United States. His refusal to obey the law is not
only an offense against the separation of powers in the Constitution of the
United States, it also threatens our national security and has had a dire impact
on communities across the country. Despite clear evidence that his willful and
systemic refusal to comply with the law has significantly contributed to
unprecedented levels of illegal entrants, the increased control of the Southwest
border by drug cartels, and the imposition of enormous costs on States and
localities affected by the influx of aliens, Alejandro N. Mayorkas has continued
in his refusal to comply with the law, and thereby acted to the grave detriment
of the interests of the United States.
Alejandro N. Mayorkas engaged in this scheme or course of conduct through
the following means:
(1) Alejandro N. Mayorkas willfully refused to comply with the
detention mandate set forth in section 235(b)(2)(A) of the Immigration
and Nationality Act, requiring that all applicants for admission who are
``not clearly and beyond a doubt entitled to be admitted...shall be
detained for a [removal] proceeding...''. Instead of complying with this
requirement, Alejandro N. Mayorkas implemented a catch and release
scheme, whereby such aliens are unlawfully released, even without
effective mechanisms to ensure appearances before the immigration courts
for removal proceedings or to ensure removal in the case of aliens
ordered removed.
(2) Alejandro N. Mayorkas willfully refused to comply with the
detention mandate set forth in section 235(b)(1)(B)(ii) of such Act,
requiring that an alien who is placed into expedited removal proceedings
and determined to have a credible fear of persecution ``shall be
detained for further consideration of the application for asylum''.
Instead of complying with this requirement, Alejandro N. Mayorkas
implemented a catch and release scheme, whereby such aliens are
unlawfully released, even without effective mechanisms to ensure
appearances before the immigration courts for removal proceedings or to
ensure removal in the case of aliens ordered removed.
(3) Alejandro N. Mayorkas willfully refused to comply with the
detention set forth in section 235(b)(1)(B)(iii)(IV) of such Act,
requiring that an alien who is placed into expedited removal proceedings
and determined not to have a credible fear of persecution ``shall be
detained...until removed''. Instead of complying with this requirement,
Alejandro N. Mayorkas has implemented a catch and release scheme,
whereby such aliens are unlawfully released, even without effective
mechanisms to ensure appearances before the immigration courts for
removal proceedings or to ensure removal in the case of aliens ordered
removed.
(4) Alejandro N. Mayorkas willfully refused to comply with the
detention mandate set forth in section 236(c) of such Act, requiring
that a criminal alien who is inadmissible or deportable on certain
criminal and terrorism-related grounds ``shall [be] take[n] into
custody'' when the alien is released from law enforcement custody.
Instead of complying with this requirement, Alejandro N. Mayorkas issued
``Guidelines for the Enforcement of Civil Immigration Laws'', which
instructs Department of Homeland Security (hereinafter referred to as
``DHS'') officials that the ``fact an individual is a removable
noncitizen...should not alone be the basis of an enforcement action
against them'' and that DHS ``personnel should not rely on the fact of
conviction...alone'', even with respect to aliens subject to mandatory
arrest and detention pursuant to section 236(c) of such Act, to take
them into custody. In Texas v. United States, 40 F.4th 205 (2022), the
United States Court of Appeals for the Fifth Circuit concluded that
these guidelines had ``every indication of being `a general policy that
is so extreme as to amount to an abdication of...statutory
responsibilities''' and that its ``replacement of Congress's statutory
mandates with concerns of equity and race is extralegal...[and] plainly
outside the bounds of the power conferred by the INA''.
(5) Alejandro N. Mayorkas willfully refused to comply with the
detention mandate set forth in section 241(a)(2) of such Act, requiring
that an alien ordered removed ``shall [be] detain[ed]'' during ``the
removal period''. Instead of complying with this mandate, Alejandro N.
Mayorkas issued ``Guidelines for the Enforcement of Civil Immigration
Laws'', which instructs DHS officials that the ``fact an individual is a
removable noncitizen...should not alone be the basis of an enforcement
action against them'' and that DHS ``personnel should not rely on the
fact of conviction...alone'', even with respect to aliens subject to
mandatory detention and removal pursuant to section 241(a) of such Act.
(6) Alejandro N. Mayorkas willfully exceeded his parole authority
set forth in section 212(d)(5)(A) of such Act that permits parole to be
granted ``only on a case-by-case basis'', temporarily, and ``for urgent
humanitarian reasons or significant public benefit'', in that:
(A) Alejandro N. Mayorkas paroled aliens en masse in order
to release them from mandatory detention, despite the fact that,
as the United States Court of Appeals for the Fifth Circuit
concluded in Texas v. Biden, 20 F.4th 928 (2021), ``parol[ing]
every alien [DHS] cannot detain is the opposite of the `case-by-
case basis' determinations required by law'' and ``DHS's
pretended power to parole aliens while ignoring the limitations
Congress imposed on the parole power [is] not nonenforcement;
it's misenforcement, suspension of the INA, or both''.
(B) Alejandro N. Mayorkas created, re-opened, or expanded a
series of categorical parole programs never authorized by
Congress for foreign nationals outside of the United States,
including for certain Central American minors, Ukrainians,
Venezuelans, Cubans, Haitians, Nicaraguans, Colombians,
Salvadorans, Guatemalans, and Hondurans, which enabled hundreds
of thousands of inadmissible aliens to enter the United States
in violation of the laws enacted by Congress.
(7) Alejandro N. Mayorkas willfully exceeded his release authority
set forth in section 236(a) of such Act that permits, in certain
circumstances, the release of aliens arrested on an administrative
warrant, in that Alejandro N. Mayorkas released aliens arrested without
a warrant despite their being subject to a separate applicable mandatory
detention requirement set forth in section 235(b)(2) of such Act.
Alejandro N. Mayorkas released such aliens by retroactively issuing
administrative warrants in an attempt to circumvent section 235(b)(2) of
such Act. In Florida v. United States, No. 3:21-cv-1066-TKW-ZCB (N.D.
Fla. Mar. 8, 2023), the United States District Court of the Northern
District of Florida noted that ``[t]his sleight of hand - using an
`arrest' warrant as a de facto `release' warrant - is administrative
sophistry at its worst''. In addition, the court concluded that ``what
makes DHS's application of [236(a)] in this manner unlawful...is that
[235(b)(2)], not [236(a)], governs the detention of applicants for
admission whom DHS places in...removal proceedings after inspection''.
Alejandro N. Mayorkas's willful and systemic refusal to comply with the law
has had calamitous consequences for the Nation and the people of the United
States, including:
(1) During fiscal years 2017 through 2020, an average of about
590,000 aliens each fiscal year were encountered as inadmissible aliens
at ports of entry on the Southwest border or apprehended between ports
of entry. Thereafter, during Alejandro N. Mayorkas's tenure in office,
that number skyrocketed to over 1,400,000 in fiscal year 2021, over
2,300,000 in fiscal year 2022, and over 2,400,000 in fiscal year 2023.
Similarly, during fiscal years 2017 through 2020, an average of 130,000
persons who were not turned back or apprehended after making an illegal
entry were observed along the border each fiscal year. During Alejandro
N. Mayorkas's tenure in office, that number more than trebled to 400,000
in fiscal year 2021, 600,000 in fiscal year 2022, and 750,000 in fiscal
year 2023.
(2) American communities both along the Southwest border and across
the United States have been devastated by the dramatic growth in illegal
entries, the number of aliens unlawfully present, and substantial rise
in the number of aliens unlawfully granted parole, creating a fiscal and
humanitarian crisis and dramatically degrading the quality of life of
the residents of those communities. For instance, since 2022, more than
150,000 migrants have gone through New York City's shelter intake
system. Indeed, the Mayor of New York City has said that ``we are past
our breaking point'' and that ``[t]his issue will destroy New York
City''. In fiscal year 2023, New York City spent $1,450,000,000
addressing Alejandro N. Mayorkas's migrant crisis, and city officials
fear it will spend another $12,000,000,000 over the following three
fiscal years, causing painful budget cuts to important city services.
(3) Alejandro N. Mayorkas's unlawful mass release of apprehended
aliens and unlawful mass grant of categorical parole to aliens have
enticed an increasing number of aliens to make the dangerous journey to
our Southwest border. Consequently, according to the United Nations's
International Organization for Migration, the number of migrants
intending to illegally cross our border who have perished along the way,
either en route to the United States or at the border, almost doubled
during the tenure of Alejandro N. Mayorkas as Secretary of Homeland
Security, from an average of about 700 a year during the fiscal years
2017 through 2020, to an average of about 1,300 a year during the fiscal
years 2021 through 2023.
(4) Alien smuggling organizations have gained tremendous wealth
during Alejandro N. Mayorkas's tenure as Secretary of Homeland Security,
with their estimated revenues rising from about $500,000,000 in 2018 to
approximately $13,000,000,000 in 2022.
(5) During Alejandro N. Mayorkas's tenure as Secretary of Homeland
Security, the immigration court backlog has more than doubled from about
1,300,000 cases to over 3,000,000 cases. The exploding backlog is
destroying the courts' ability to administer justice and provide
appropriate relief in a timeframe that does not run into years or even
decades. As Alejandro N. Mayorkas acknowledged, ``those who have a valid
claim to asylum...often wait years for a...decision; likewise,
noncitizens who will ultimately be found ineligible for asylum or other
protection--which occurs in the majority of cases--often have spent many
years in the United States prior to being ordered removed''. He noted
that of aliens placed in expedited removal proceedings and found to have
a credible fear of persecution, and thus referred to immigration judges
for removal proceedings, ``significantly fewer than 20 percent...were
ultimately granted asylum'' and only ``28 percent of cases decided on
their merits are grants of relief''. Alejandro N. Mayorkas also admitted
that ``the fact that migrants can wait in the United States for years
before being issued a final order denying relief, and that many such
individuals are never actually removed, likely incentivizes migrants to
make the journey north''.
(6) During Alejandro N. Mayorkas's tenure as Secretary of Homeland
Security, approximately 450,000 unaccompanied alien children have been
encountered at the Southwest border, and the vast majority have been
released into the United States. As a result, there has been a dramatic
upsurge in migrant children being employed in dangerous and exploitative
jobs in the United States.
(7) Alejandro N. Mayorkas's failure to enforce the law, drawing
millions of illegal aliens to the Southwest border, has led to the
reassignment of U.S. Border Patrol agents from protecting the border
from illicit drug trafficking to processing illegal aliens for release.
As a result, during Alejandro N. Mayorkas's tenure as Secretary of
Homeland Security, the flow of fentanyl across the border and other
dangerous drugs, both at and between ports of entry, has increased
dramatically. U.S. Customs and Border Protection seized approximately
4,800 pounds of fentanyl in fiscal year 2020, approximately 11,200
pounds in fiscal year 2021, approximately 14,700 pounds in fiscal year
2022, and approximately 27,000 pounds in fiscal year 2023. Over 70,000
Americans died from fentanyl poisoning in 2022, and fentanyl is now the
number one killer of Americans between the ages of 18 and 45.
(8) Alejandro N. Mayorkas has degraded public safety by leaving wide
swaths of the border effectively unpatrolled as U.S. Border Patrol
agents are diverted from guarding the border to processing for unlawful
release the heightening waves of apprehended aliens (many who now seek
out agents for the purpose of surrendering with the now reasonable
expectation of being released and granted work authorization), and
Federal Air Marshals are diverted from protecting the flying public to
assist in such processing.
(9) During Alejandro N. Mayorkas's tenure as Secretary of Homeland
Security, the U.S. Border Patrol has encountered an increasing number of
aliens on the terrorist watch list. In fiscal years 2017 through 2020
combined, 11 noncitizens on the terrorist watchlist were caught
attempting to cross the Southwest border between ports of entry. That
number increased to 15 in fiscal year 2021, 98 in fiscal year 2022, 169
in fiscal year 2023, and 49 so far in fiscal year 2024.
Additionally, in United States v. Texas, 599 U.S. 670 (2023), the United
States Supreme Court heard a case involving Alejandro N. Mayorkas's refusal to
comply with certain Federal immigration laws that are at issue in this
impeachment. The Supreme Court held that States have no standing to seek
judicial relief to compel Alejandro N. Mayorkas to comply with certain legal
requirements contained in the Immigration and Nationality Act. However, the
Supreme Court held that ``even though the federal courts lack Article III
jurisdiction over this suit, other forums remain open for examining the
Executive Branch's enforcement policies. For example, Congress possesses an
array of tools to analyze and influence those policies [and] those are political
checks for the political process''. One such critical tool for Congress to
influence the Executive Branch to comply with the immigration laws of the United
States is impeachment. The dissenting Justice noted, ``The Court holds Texas
lacks standing to challenge a federal policy that inflicts substantial harm on
the State and its residents by releasing illegal aliens with criminal
convictions for serious crimes. In order to reach this conclusion, the
Court...holds that the only limit on the power of a President to disobey a law
like the important provision at issue is Congress' power to employ the weapons
of inter-branch warfare...''. As the dissenting Justice explained, ``Congress
may wield what the Solicitor General described as `political...tools'--which
presumably means such things as...impeachment and removal''. Indeed, during oral
argument, the Justice who authored the majority opinion stated to the Solicitor
General, ``I think your position is, instead of judicial review, Congress has to
resort to shutting down the government or impeachment or dramatic steps...''.
Here, in light of the inability of injured parties to seek judicial relief to
remedy the refusal of Alejandro N. Mayorkas to comply with Federal immigration
laws, impeachment is Congress's only viable option.
In all of this, Alejandro N. Mayorkas willfully and systemically refused to
comply with the immigration laws, failed to control the border to the detriment
of national security, compromised public safety, and violated the rule of law
and separation of powers in the Constitution, to the manifest injury of the
people of the United States.
Wherefore Alejandro N. Mayorkas, by such conduct, has demonstrated that he
will remain a threat to national and border security, the safety of the United
States people, and the Constitution if allowed to remain in office, and has
acted in a manner grossly incompatible with his duties and the rule of law.
Alejandro N. Mayorkas thus warrants impeachment and trial, removal from office,
and disqualification to hold and enjoy any office of honor, trust, or profit
under the United States.
article ii: breach of public trust
The Constitution provides that the House of Representatives ``shall have the
sole Power of Impeachment'' and that civil Officers of the United States,
including the Secretary of Homeland Security, ``shall be removed from Office on
Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and
Misdemeanors''. In his conduct while Secretary of Homeland Security, Alejandro
N. Mayorkas, in violation of his oath to well and faithfully discharge the
duties of his office, has breached the public trust, in that:
Alejandro N. Mayorkas has knowingly made false statements, and knowingly
obstructed lawful oversight of the Department of Homeland Security (hereinafter
referred to as ``DHS''), principally to obfuscate the results of his willful and
systemic refusal to comply with the law. Alejandro N. Mayorkas engaged in this
scheme or course of conduct through the following means:
(1) Alejandro N. Mayorkas knowingly made false statements to
Congress that the border is ``secure'', that the border is ``no less
secure than it was previously'', that the border is ``closed'', and that
DHS has ``operational control'' of the border (as that term is defined
in the Secure Fence Act of 2006).
(2) Alejandro N. Mayorkas knowingly made false statements to
Congress regarding the scope and adequacy of the vetting of the
thousands of Afghans who were airlifted to the United States and then
granted parole following the Taliban takeover of Afghanistan after
President Biden's precipitous withdrawal of United States forces.
(3) Alejandro N. Mayorkas knowingly made false statements that
apprehended aliens with no legal basis to remain in the United States
were being quickly removed.
(4) Alejandro N. Mayorkas knowingly made false statements supporting
the false narrative that U.S. Border Patrol agents maliciously whipped
illegal aliens.
(5) Alejandro N. Mayorkas failed to comply with multiple subpoenas
issued by congressional committees.
(6) Alejandro N. Mayorkas delayed or denied access of DHS Office of
Inspector General (hereinafter referred to as ``OIG'') to DHS records
and information, hampering OIG's ability to effectively perform its
vital investigations, audits, inspections, and other reviews of agency
programs and operations to satisfy the OIG's obligations under section
402(b) of title 5, United States Code, in part, to Congress.
Additionally, in his conduct while Secretary of Homeland Security, Alejandro
N. Mayorkas has breached the public trust by his willful refusal to fulfill his
statutory ``duty to control and guard the boundaries and borders of the United
States against the illegal entry of aliens'' as set forth in section 103(a)(5)
of the Immigration and Nationality Act. Alejandro N. Mayorkas inherited what his
first Chief of the U.S. Border Patrol called, ``arguably the most effective
border security in our nation's history''. Alejandro N. Mayorkas, however,
proceeded to abandon effective border security initiatives without engaging in
adequate alternative efforts that would enable DHS to maintain control of the
border and guard against illegal entry, and despite clear evidence of the
devastating consequences of his actions, he failed to take action to fulfill his
statutory duty to control the border. According to his first Chief of the U.S.
Border Patrol, Alejandro N. Mayorkas ``summarily rejected'' the ``multiple
options to reduce the illegal entries...through proven programs and
consequences'' provided by civil service staff at DHS. Despite clear evidence of
the devastating consequences of his actions, he failed to take action to fulfill
his statutory duty to control the border, in that, among other things:
(1) Alejandro N. Mayorkas terminated the Migrant Protection
Protocols (hereinafter referred to as ``MPP''). In Texas v. Biden, 20
F.4th 928 (2021), the United States Court of Appeals for the Fifth
Circuit explained that ``[t]he district court...pointed to evidence that
`the termination of MPP has contributed to the current border
surge'...(citing DHS's own previous determinations that MPP had curbed
the rate of illegal entries)''. The district court had also ``pointed
out that the number of `enforcement encounters'--that is, instances
where immigration officials encounter immigrants attempting to cross the
southern border without documentation--had `skyrocketed' since MPP's
termination''.
(2) Alejandro N. Mayorkas terminated contracts for border wall
construction.
(3) Alejandro N. Mayorkas terminated asylum cooperative agreements
that would have equitably shared the burden of complying with
international asylum accords.
In all of this, Alejandro N. Mayorkas breached the public trust by knowingly
making false statements to Congress and the American people and avoiding lawful
oversight in order to obscure the devastating consequences of his willful and
systemic refusal to comply with the law and carry out his statutory duties. He
has also breached the public trust by willfully refusing to carry out his
statutory duty to control the border and guard against illegal entry,
notwithstanding the calamitous consequences of his abdication of that duty.
Wherefore Alejandro N. Mayorkas, by such conduct, has demonstrated that he
will remain a threat to national and border security, the safety of the American
people, and to the Constitution if allowed to remain in office, and has acted in
a manner grossly incompatible with his duties and the rule of law. Alejandro N.
Mayorkas thus warrants impeachment and trial, removal from office, and
disqualification to hold and enjoy any office of honor, trust, or profit under
the United States.
Attest:
Clerk.