[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 863 Reported in House (RH)]
<DOC>
House Calendar No. 60
118th CONGRESS
2d Session
H. RES. 863
[Report No. 118-372]
Impeaching Alejandro Nicholas Mayorkas, Secretary of Homeland Security,
for high crimes and misdemeanors.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 13, 2023
Ms. Greene of Georgia submitted the following resolution; which was
referred to the Committee on Homeland Security
November 13, 2023
By motion of the House, referred to the Committee on Homeland Security
February 3, 2024
Additional sponsors: Mr. Steube, Mr. Rosendale, Mrs. Miller of
Illinois, Mr. Carl, Mr. Collins, Mr. Fry, Mr. Posey, Mr. Crane, Mr.
Zinke, Mr. Biggs, Mr. Weber of Texas, Mr. Jackson of Texas, Mr. Meuser,
Mr. Timmons, Mrs. Harshbarger, Ms. Foxx, and Mr. Banks
February 3, 2024
Reported with an amendment, referred to the House Calendar, and ordered
to be printed
[Strike out all after the resolving clause and insert the part printed
in italic]
[For text of introduced resolution, see copy of resolution as
introduced on November 13, 2023]
_______________________________________________________________________
RESOLUTION
Impeaching Alejandro Nicholas Mayorkas, Secretary of Homeland Security,
for high crimes and misdemeanors.
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.
House Calendar No. 60
118th CONGRESS
2d Session
H. RES. 863
[Report No. 118-372]
_______________________________________________________________________
RESOLUTION
Impeaching Alejandro Nicholas Mayorkas, Secretary of Homeland Security,
for high crimes and misdemeanors.
_______________________________________________________________________
February 3, 2024
Reported with an amendment, referred to the House Calendar, and ordered
to be printed