[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 8 Introduced in House (IH)]

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118th CONGRESS
  1st Session
H. RES. 8

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 9, 2023

 Mr. Fallon 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.--In his conduct while Secretary of Homeland Security of 
the United States, Alejandro Nicholas Mayorkas, in violation of his 
constitutional oath, engaged in a pattern of conduct that is 
incompatible with his duties as an Officer of the United States, as 
follows:
    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. Specifically, the Secure the Fence Act of 2006 
(Public Law 109-367) requires the Secretary of Homeland Security to 
``maintain operational control over the entire international land and 
maritime borders of the United States''.
    The term ``operational control'' is defined 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''.
    Over 5,500,000 illegal aliens have crossed our southern border 
under the leadership of Secretary Mayorkas. There have now been 20 
straight months with over 150,000 illegal border crossings. Secretary 
Mayorkas has presided over a 180-percent increase in encounters at the 
southern border compared to the previous administration.
    In fiscal year 2022, 98 individuals on the Terrorist Screening 
Database (TSDB) were apprehended at the southern border, more than 
during the previous 5 years combined. In total, more than 100 
individuals on the TSDB have been apprehended under Secretary Mayorkas.
    Under Secretary Mayorkas, more fentanyl has crossed the border in 
the last 2 months than in all of fiscal year 2019 under President 
Trump's leadership. In fiscal year 2022, over 14,000 pounds of 
poisonous fentanyl was seized at the southern border. Fentanyl 
overdoses are the number one cause of death for individuals ages 18 to 
45 nationwide.
    Under Secretary Mayorkas, the Department of Homeland Security is 
also in violation the Immigration and Nationality Act (8 U.S.C. 1101 et 
seq.). This Act requires the Department of Homeland Security to detain 
inadmissible aliens arriving in the United States or aliens who are 
present in the United States without inspection until processed. In 
violation of the law, Secretary Mayorkas implemented catch-and-release 
directives such as the Notice to Report process and the parole plus 
Alternatives to Detention process. Through these misguided programs, 
over 1,000,000 illegal aliens have been recklessly released into the 
interior of the United States.
    Secretary Mayorkas has undermined the operational control of our 
southern border and encouraged illegal immigration by doing the 
following:
            (1) Terminating contracts for additional border wall 
        construction, in contradiction of Congressional appropriations.
            (2) Ending the Migrant Protection Protocols, also known as 
        ``Remain in Mexico'', which was an indispensable tool to 
        address the border crisis and restore integrity to the 
        immigration system.
            (3) Attempting to eliminate title 42 authority, a critical 
        tool enabling the U.S. Customs and Border Protection to quickly 
        expel illegal aliens.
    Secretary Mayorkas has violated the law and gravely endangered the 
national security of the United States through these actions.
    Wherefore, Alejandro Nicholas Mayorkas, by such conduct, warrants 
impeachment, trial, removal from office, and disqualification to hold 
and enjoy any office of honor, trust, or profit within the United 
States Federal Government.
    Article II.--In his conduct while Secretary of Homeland Security of 
the United States, Alejandro Nicholas Mayorkas, in violation of his 
constitutional oath, willfully provided perjurious, false, and 
misleading testimony to Congress, as follows:
    On April 28, 2022, during a House Judiciary Committee hearing, 
Congressman Chip Roy of Texas asked Secretary Mayorkas, ``Will you 
testify under oath that we have operational control of the border?''.
    Under oath, Secretary Mayorkas responded, ``Yes we do''.
    On November 15, 2022, during a House Homeland Security Committee 
hearing, Congressman Dan Bishop of North Carolina asked, ``Secretary 
Mayorkas, do you continue to maintain that the border is secure?''.
    Under oath, Secretary Mayorkas responded, ``Yes, and we are working 
day in and day out to enhance security, Congressman''.
    As previously described, the term ``operational control'' is 
defined 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''.
    Section 1621 of title 18, United States Code, stipulates that 
anyone who ``willfully and contrary to such oath states or subscribes 
any material matter which he does not believe to be true'' is guilty of 
perjury and shall be fined or imprisoned up to 5 years, or both.
    The record-breaking number of illegal alien encounters, including 
over 1,000,000 known ``gotaways'', as well as the record seizures of 
deadly fentanyl and other contraband, prove that Secretary Mayorkas has 
not ensured operational control of the southern border.
    Secretary Mayorkas clearly committed perjury on multiple occasions 
before Congress.
    Wherefore, Alejandro Nicholas Mayorkas, by such conduct, warrants 
impeachment, trial, removal from office, and disqualification to hold 
and enjoy any office of honor, trust, or profit under the United 
States.
    Article III.--In his conduct while Secretary of Homeland Security 
of the United States, Alejandro Nicholas Mayorkas knowingly slandered 
his own hardworking Border Patrol agents and mislead the general 
public, as follows:
    On September 19, 2021, approximately 15,000 Haitian migrants had 
crossed the border from Mexico into the United States and were 
concentrated in an encampment underneath the international bridge from 
Mexico to the Del Rio, Texas, Port of Entry (POE), and surrounding 
areas.
    Mounted Border Patrol agents and troopers with the Texas Department 
of Public Safety (TXDPS) dispersed a large group of migrants gathered 
near a boat ramp located along the side of the United States of the Rio 
Grande River, approximately three-tenths of a mile east of the Del Rio 
POE. They then attempted to stop the flow of all migrants illegally 
crossing the river into the United States at that location.
    Within hours of the incident, images and video surfaced on social 
media that showed multiple Border Patrol agents on horseback using 
their horses to keep several illegal immigrants from entering the 
United States after crossing the Rio Grande in Del Rio, Texas.
    Extremist liberal activists rushed to judgement and falsely accused 
the agents of ``whipping'' the illegal immigrants with their horse 
reins. Some went so far as to make the disgusting false equivalency to 
slavery.
    President Joe Biden publicly repeated the slanderous claim saying 
``To see people treated like they did . . . people being strapped-it's 
outrageous. I promise you, those people will pay''.
    Vice President Kamala Harris said ``Human beings should not be 
treated that way, and as we all know, it also evoked images of some of 
the worst moments of our history where that kind of behavior has been 
used against the indigenous people of our country, has been used 
against African Americans during times of slavery''.
    Secretary Mayorkas supported the Biden administration's false 
narrative that Border Patrol agents whipped Haitian migrants, even 
after he had been alerted by subordinates the narrative was false.
    On September 24, 2021, the Department of Homeland Security 
Assistant Secretary for Public Affairs, Marsha Espinosa, emailed 
Secretary Mayorkas a news article that said the photographer who took 
the images did not see the agents whipping anyone.
    That same day, Secretary Mayorkas participated in a White House 
press conference during which he publicly and falsely slandered these 
agents. Secretary Mayorkas called the images ``horrifying'' and an 
example of ``systemic racism''.
    A 511-page report by the U.S. Customs and Border Protection's 
Office of Personal Responsibility found ``no evidence that [Border 
Patrol agents] involved in this incident struck, intentionally or 
otherwise, any migrant with their reins''.
    Secretary Mayorkas slandered his own Border Patrol agents and TXDPS 
Troopers involved in this incident, contributing to a further decrease 
in already-low morale among agents.
    Wherefore, Alejandro Nicholas Mayorkas, by such conduct, warrants 
impeachment, trial, removal from office, and disqualification to hold 
and enjoy any office of honor, trust, or profit under the United 
States.
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