[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 411 Introduced in House (IH)]

<DOC>






118th CONGRESS
  1st Session
H. RES. 411

Impeaching Alejandro Nicholas Mayorkas, Secretary of Homeland Security, 
                   for high crimes and misdemeanors.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 17, 2023

    Ms. Greene of Georgia (for herself 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 

    Rather than adhering to an oath he took to defend and secure our 
country and uphold the Constitution when he was sworn in as Secretary 
of Homeland Security, Alejandro Nicholas Mayorkas has engaged in a 
pattern of conduct that is incompatible with the laws of the United 
States, as follows:
    Article II of the Constitution requires that the Executive branch, 
which today includes the Secretary of Homeland Security, ensure the 
laws passed by Congress and signed into law by the President are 
faithfully executed.
    The Secure Fence Act of 2006 (Public Law 109-367) requires that the 
Secretary of Homeland Security ``maintain operational control over the 
entire international land and maritime borders of the United States''.
    In his willful admittance of border crossers, terrorists, human 
traffickers, drugs, and other contraband, Alejandro Nicholas Mayorkas 
has failed to maintain operational control of the border, thereby 
violating the Secure Fence Act of 2006.
    To wit, since Mayorkas has headed the Department of Homeland 
Security, during which 0 miles of border wall have been added, there 
have been--
            approximately 6 million illegal border crosser encounters 
        at the southern border;
            at least 1.4 million known ``gotaways'';
            at least 193 people on terrorist watchlists caught while 
        attempting to cross the border at ports of entry;
            at least 348,812 unaccompanied illegal children encountered 
        at the southern border, with at least 85,000 of these children 
        having gone missing; and
            at least 1,424 deaths of illegals at the southern border.
    In fiscal year 2021, Customs and Border Patrol (CBP) seized 
approximately 11.2 thousand pounds of fentanyl. In fiscal year 2022, 
CBP seized a record of approximately 14.7 thousand pounds of fentanyl. 
In fiscal year 2023, thus far, CBP has seized almost 14 thousand pounds 
of fentanyl. Over 70,000 Americans died from fentanyl in fiscal year 
2022. Fentanyl is now the number one killer of Americans between the 
ages of 18 and 45.
    The Constitution also requires the Secretary of Homeland Security 
to observe the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). 
This law requires Homeland Security to detain inadmissible aliens 
arriving in the United States or illegal aliens presently in the United 
States. Instead, the Department of Homeland Security, under Secretary 
Mayorkas, has practiced catch and release policies, whereby illegals 
are detained, but then released, without any mechanism to ensure they 
show up to court for processing.
    By terminating contracts for border wall construction, ending the 
Migrant Protection Protocols (Remain in Mexico), and being complicit in 
ending Title 42, Mayorkas has made it easier for illegal people and 
drugs to enter the United States, endangering American citizens, and 
has made it harder for CBP to expel such threats.

                              article ii 

    Alejandro Nicholas Mayorkas, in his inability to enforce the law, 
has engaged in a pattern of conduct that is incompatible with his 
duties as a civil officer of the United States.
    Alejandro Nicholas Mayorkas, in his failure to uphold the oath he 
took, has, by his actions, lost the trust of citizens of the United 
States to faithfully execute the laws of the United States.
    Wherefore, Alejandro Nicholas 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.
                                 <all>