109 HRES 8 IH: Impeaching Alejandro Nicholas Mayorkas, Secretary of Homeland Security, for high crimes and misdemeanors.
U.S. House of Representatives
2023-01-09
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IV
118th CONGRESS
1st Session
H. RES. 8
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.
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.