[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 89 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. RES. 89
Impeaching Alejandro Nicholas Mayorkas, Secretary of Homeland Security,
for high crimes and misdemeanors.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 1, 2023
Mr. Biggs (for himself, Mr. Duncan, Mrs. Miller of Illinois, Mr.
Norman, Mr. Cloud, Ms. Greene of Georgia, Mr. Crane, Mrs. Boebert, Mr.
Ogles, Mr. Posey, Mr. Gaetz, Mr. Gosar, Mr. Clyde, Ms. Mace, Ms.
Tenney, Mr. Good of Virginia, Mr. Perry, Mr. Burlison, Mr. Babin, Mr.
Rosendale, Mr. Nehls, Mrs. Lesko, Mr. Zinke, Mr. Weber of Texas, Mr.
Grothman, Mr. Fallon, Mr. Steube, Mr. Jackson of Texas, and Mr. Hern)
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 article of impeachment be exhibited to the United States
Senate:
Article 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 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 oath 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 a Notice
To Appear for immigration proceedings. The Secretary 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 shows that over 80 percent of these released
illegal aliens are failing to report to a U.S. Immigration and Customs
Enforcement field office. This practice is intentionally done to keep
illegal aliens off of the immigration court docket and prolong their
time in the United States unlawfully.
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 avenue to consider 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 apprehensions have
increased each month since he became Secretary. Since February 2021,
over 4.28 million aliens have been apprehended by U.S. Customs and
Border Protection personnel at the southwest land border. This number
does not include the increasing number of ``got aways'', illegal aliens
who have evaded Border Patrol, of which there have been estimated to be
between 1,000-2,400 per day. Under Secretary Mayorkas, over 300,000
unaccompanied alien children have been trafficked to the border, and at
least 1,300 illegal aliens have died in attempted crossings.
Secretary Mayorkas's open border has left our Nation at greater
risk of terrorism. In fiscal year 2022, 98 known-suspected-terrorists
were apprehended at the border, in addition to 9 apprehensions in the
first month of fiscal year 2023. These record numbers, combined with a
blatant disregard for national security vetting procedures, are a
failure to protect the American people.
Under Secretary Mayorkas, tens of thousands of illegal alien court
cases were dismissed during fiscal year 2022 after the Department of
Homeland Security did not properly file notice to appear documents
ahead of the scheduled court hearings. Secretary Mayorkas has also
usurped the parole process, especially using humanitarian parole to
bypass immigration law and ``legally'' admit aliens who intended to
cross the border illegally. He has abused categorical parole, allowing
unprecedented numbers of unvetted aliens (particularly Afghans,
Ukrainians, and Venezuelans) to enter the United States, effectively
disregarding Congressional enforcement measures and encouraging further
illegal immigration.
In addition to increasing the number of illegal aliens, Secretary
Mayorkas's policies have led to a significant increase in illegal drug
smuggling across the southern border. In just 2 months of fiscal year
2023, more deadly fentanyl has been seized at the border than the
entire amount in any year on record before. The 14,700 pounds seized at
the border in fiscal year 2022 is enough to kill every American 10
times over. As a result of this, fentanyl is now the leading cause of
death among people 18-45, and opioid deaths are at an all-time high
across our Nation.
The actions of Secretary Mayorkas 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.
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