This resolution impeaches Alejandro Mayorkas, Secretary of Homeland Security, for high crimes and misdemeanors.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 8 Introduced in House (IH)]
<DOC>
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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
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