[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.
____________________