[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 89 Introduced in House (IH)]

<DOC>






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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