[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.
                                 <all>