[Congressional Record Volume 169, Number 187 (Monday, November 13, 2023)]
[House]
[Pages H5713-H5714]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           RAISING A QUESTION OF THE PRIVILEGES OF THE HOUSE

  Ms. GREENE of Georgia. Mr. Speaker, I rise to a question of the 
privileges of the House and offer the resolution previously noticed.
  The SPEAKER pro tempore. The Clerk will report the resolution.
  The Clerk read as follows:

                              H. Res. 863

       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.
       The Guarantee Clause set forth in article IV, section 4 of 
     the Constitution dictates, ``The United States shall 
     guarantee to every State in this Union a Republican Form of 
     Government, and shall protect each of them against Invasion; 
     and on Application of the Legislature, or of the Executive 
     (when the Legislature cannot be convened) against domestic 
     Violence''.
       The Guarantee Clause clearly dictates that the Federal 
     Government has a constitutional duty and obligation to 
     protect each of the States from invasion. As Secretary of the 
     Department of Homeland Secretary, Alejandro Mayorkas, has 
     violated his oath to uphold this constitutional duty by 
     allowing the invasion of approximately 10,000,000 illegals 
     across our borders. The ongoing invasion at our southern 
     border is a direct national security threat against the 
     States and against the citizens therein. Secretary Mayorkas 
     has willfully abandoned his duty to secure the border and 
     protect States against invasion, thereby violating article 
     IV, section 4 of the Constitution.
       To wit, since Mayorkas has headed the Department of 
     Homeland Security, there have been--
       (1) approximately 10,000,000 illegal border crosser who 
     have invaded our country at our border, this is broken down 
     between 8,000,000 encounters and approximately 1,800,000 
     known ``gotaways'' who have evaded United States authorities 
     and are roaming the interior of the United States;
       (2) at least 280 people on terrorist watchlists caught 
     while attempting to cross the border between ports of entry;
       (3) approximately 400,000 unaccompanied illegal children 
     encountered at the southern border, with at least 85,000 of 
     these children having gone missing;
       (4) at least 1,424 deaths of illegals at the southern 
     border;
       (5) approximately 73,000 ``special interest aliens'' 
     arrested at our border, which are aliens from a nation that 
     promotes terrorist activity, harbors terrorists, or poses a 
     security threat to the United States, this is the number 
     arrested at the border, not counting however many of the 
     1,800,000 known ``gotaways'' are special interest aliens;
       (6) approximately 659 special interest aliens from Iran;
       (7) approximately 6,386 special interest aliens from 
     Afghanistan;
       (8) approximately 538 special interest aliens from Syria;
       (9) approximately 3,153 special interest aliens from Egypt;
       (10) approximately 12,624 special interest aliens from 
     Uzbekistan;
       (11) approximately 30,830 special interest aliens from 
     Turkey;
       (12) approximately 1,613 special interest aliens from 
     Pakistan;
       (13) approximately 164 special interest aliens from 
     Lebanon;
       (14) approximately 185 special interest aliens from Jordan;
       (15) approximately 123 special interest aliens from Iraq; 
     and
       (16) approximately 15,594 special interest aliens from 
     Mauritania.
       In fiscal year 2021, Customs and Border Patrol (CBP) seized 
     approximately 11,200 pounds of fentanyl. In fiscal year 2022, 
     CBP seized approximately 14,700 pounds of fentanyl. In fiscal 
     year 2023, CBP has seized a record of approximately 27,000 
     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. Fentanyl kills 
     approximately 300 Americans a day. This is the amount of 
     fentanyl that has been seized at the border, yet 300 
     Americans are still being killed by fentanyl poisoning every 
     day. The amount of unseized fentanyl has not even been taken 
     into account.
       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), 
     unlawfully granting categorical parole, 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.
       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

[[Page H5714]]

     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.
  The SPEAKER pro tempore (Mr. Ellzey). The resolution qualifies.

                              {time}  1930


                            Motion to Refer

  Ms. CLARK of Massachusetts. Mr. Speaker, I have a motion at the desk.
  The SPEAKER pro tempore. The Clerk will report the motion.
  The Clerk read as follows:
       Ms. Clark of Massachusetts moves to refer the resolution to 
     the Committee on Homeland Security.
  The SPEAKER pro tempore. The gentlewoman from Massachusetts is 
recognized for 1 hour.
  Ms. CLARK of Massachusetts. Mr. Speaker, I yield back the balance of 
my time and move the previous question on the motion.
  The previous question was ordered.
  The SPEAKER pro tempore. The question is on the motion to refer.
  The question was taken; and the Speaker pro tempore announced that 
the noes appeared to have it.
  Ms. CLARK of Massachusetts. Mr. Speaker, on that I demand the yeas 
and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--yeas 209, 
nays 201, not voting 23, as follows:

                             [Roll No. 645]

                               YEAS--209

     Adams
     Aguilar
     Allred
     Amo
     Auchincloss
     Balint
     Barragan
     Beatty
     Bentz
     Bera
     Beyer
     Bishop (GA)
     Blumenauer
     Blunt Rochester
     Bonamici
     Bowman
     Boyle (PA)
     Brown
     Brownley
     Buck
     Budzinski
     Bush
     Caraveo
     Carbajal
     Cardenas
     Carson
     Carter (LA)
     Cartwright
     Casar
     Case
     Casten
     Castor (FL)
     Castro (TX)
     Cherfilus-McCormick
     Clark (MA)
     Clarke (NY)
     Clyburn
     Cohen
     Connolly
     Correa
     Costa
     Courtney
     Craig
     Crockett
     Crow
     Cuellar
     Davids (KS)
     Davis (IL)
     Davis (NC)
     Dean (PA)
     DeGette
     DeLauro
     DelBene
     Deluzio
     DeSaulnier
     Dingell
     Doggett
     Duarte
     Escobar
     Eshoo
     Espaillat
     Evans
     Fletcher
     Foster
     Foushee
     Foxx
     Frankel, Lois
     Frost
     Gallego
     Garcia (IL)
     Garcia (TX)
     Garcia, Robert
     Golden (ME)
     Goldman (NY)
     Gomez
     Gonzalez, Vicente
     Gottheimer
     Green, Al (TX)
     Grijalva
     Harder (CA)
     Hayes
     Higgins (NY)
     Himes
     Horsford
     Houlahan
     Hoyer
     Hoyle (OR)
     Huffman
     Issa
     Ivey
     Jackson (IL)
     Jackson (NC)
     Jacobs
     Jayapal
     Jeffries
     Johnson (GA)
     Kamlager-Dove
     Kaptur
     Keating
     Kelly (IL)
     Khanna
     Kildee
     Kilmer
     Kim (NJ)
     Krishnamoorthi
     Kuster
     Landsman
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Lee (NV)
     Lee (PA)
     Leger Fernandez
     Levin
     Lieu
     Lynch
     Magaziner
     Manning
     Matsui
     McBath
     McClellan
     McClintock
     McCollum
     McGarvey
     McGovern
     McHenry
     Meeks
     Menendez
     Meng
     Mfume
     Moore (WI)
     Morelle
     Moskowitz
     Moulton
     Mrvan
     Nadler
     Napolitano
     Neal
     Neguse
     Nickel
     Norcross
     Ocasio-Cortez
     Omar
     Pallone
     Panetta
     Pappas
     Pascrell
     Payne
     Peltola
     Perez
     Peters
     Pettersen
     Pingree
     Pocan
     Porter
     Pressley
     Quigley
     Ramirez
     Raskin
     Ross
     Ruiz
     Ruppersberger
     Ryan
     Salinas
     Sanchez
     Sarbanes
     Scanlon
     Schakowsky
     Schiff
     Schneider
     Scholten
     Schrier
     Scott (VA)
     Scott, David
     Sewell
     Sherrill
     Slotkin
     Smith (WA)
     Sorensen
     Soto
     Spanberger
     Stansbury
     Stanton
     Stevens
     Strickland
     Sykes
     Takano
     Thanedar
     Thompson (MS)
     Titus
     Tlaib
     Tokuda
     Tonko
     Torres (CA)
     Trahan
     Trone
     Turner
     Underwood
     Vargas
     Vasquez
     Veasey
     Velazquez
     Wasserman Schultz
     Waters
     Watson Coleman
     Wexton
     Wild
     Williams (GA)
     Wilson (FL)

                               NAYS--201

     Aderholt
     Alford
     Allen
     Amodei
     Armstrong
     Arrington
     Babin
     Bacon
     Baird
     Balderson
     Barr
     Bean (FL)
     Bergman
     Bice
     Biggs
     Bilirakis
     Bishop (NC)
     Boebert
     Bost
     Brecheen
     Burchett
     Burgess
     Burlison
     Calvert
     Cammack
     Carey
     Carl
     Carter (GA)
     Carter (TX)
     Chavez-DeRemer
     Ciscomani
     Cline
     Cloud
     Clyde
     Cole
     Collins
     Comer
     Crane
     Crawford
     Curtis
     D'Esposito
     Davidson
     De La Cruz
     DesJarlais
     Diaz-Balart
     Donalds
     Duncan
     Dunn (FL)
     Edwards
     Ellzey
     Emmer
     Estes
     Feenstra
     Ferguson
     Finstad
     Fischbach
     Fitzgerald
     Fitzpatrick
     Fleischmann
     Flood
     Franklin, Scott
     Fry
     Fulcher
     Gaetz
     Gallagher
     Garbarino
     Garcia, Mike
     Gimenez
     Gonzales, Tony
     Good (VA)
     Gooden (TX)
     Gosar
     Granger
     Graves (LA)
     Graves (MO)
     Green (TN)
     Greene (GA)
     Griffith
     Grothman
     Guest
     Guthrie
     Hageman
     Harris
     Harshbarger
     Hern
     Higgins (LA)
     Hill
     Hinson
     Houchin
     Hudson
     Huizenga
     Hunt
     Jackson (TX)
     James
     Johnson (OH)
     Johnson (SD)
     Jordan
     Joyce (OH)
     Joyce (PA)
     Kean (NJ)
     Kelly (MS)
     Kelly (PA)
     Kiggans (VA)
     Kiley
     Kim (CA)
     Kustoff
     LaHood
     LaLota
     LaMalfa
     Lamborn
     Langworthy
     Latta
     LaTurner
     Lawler
     Lee (FL)
     Lesko
     Letlow
     Loudermilk
     Lucas
     Luetkemeyer
     Luna
     Luttrell
     Malliotakis
     Mann
     Massie
     Mast
     McCarthy
     McCaul
     McClain
     McCormick
     Meuser
     Miller (IL)
     Miller (OH)
     Miller (WV)
     Miller-Meeks
     Mills
     Molinaro
     Moolenaar
     Moore (AL)
     Moore (UT)
     Moran
     Murphy
     Nehls
     Newhouse
     Norman
     Nunn (IA)
     Obernolte
     Ogles
     Owens
     Palmer
     Perry
     Pfluger
     Posey
     Reschenthaler
     Rodgers (WA)
     Rogers (AL)
     Rogers (KY)
     Rose
     Rosendale
     Rouzer
     Roy
     Rutherford
     Santos
     Scalise
     Schweikert
     Scott, Austin
     Self
     Sessions
     Simpson
     Smith (MO)
     Smith (NE)
     Smith (NJ)
     Smucker
     Spartz
     Stauber
     Steel
     Stefanik
     Steil
     Steube
     Strong
     Tenney
     Thompson (PA)
     Tiffany
     Timmons
     Valadao
     Van Drew
     Van Duyne
     Van Orden
     Wagner
     Walberg
     Waltz
     Weber (TX)
     Webster (FL)
     Wenstrup
     Westerman
     Williams (NY)
     Wilson (SC)
     Wittman
     Womack
     Yakym
     Zinke

                             NOT VOTING--23

     Banks
     Buchanan
     Bucshon
     Chu
     Cleaver
     Crenshaw
     Ezell
     Fallon
     Garamendi
     Jackson Lee
     Lofgren
     Mace
     Mooney
     Mullin
     Pelosi
     Pence
     Phillips
     Salazar
     Sherman
     Swalwell
     Thompson (CA)
     Torres (NY)
     Williams (TX)


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (during the vote). There are 2 minutes 
remaining.

                              {time}  1936

  So the motion to refer was agreed to.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.


                          personal explanation

  Mr. TORRES of New York. Mr. Speaker, I was not present in the House 
Chamber today. Had I been present, I would have voted ``yea'' on 
rollcall No. 643, ``yea'' on rollcall No. 644, and ``yea'' on rollcall 
No. 645.

                          ____________________