This resolution impeaches Secretary of Homeland Security Mayorkas for high crimes and misdemeanors, including for his handling of issues involving fentanyl and border security.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 863 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. RES. 863
Impeaching Alejandro Nicholas Mayorkas, Secretary of Homeland Security,
for high crimes and misdemeanors.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 13, 2023
Ms. Greene of Georgia submitted the following resolution
November 13, 2023
By motion of the House, referred to the Committee on Homeland Security
_______________________________________________________________________
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
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 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.
<all>
Reported (Amended) by the Committee on Homeland Security. H. Rept. 118-372.
Placed on the House Calendar, Calendar No. 60.
Rules Committee Resolution H. Res. 996 Reported to House. Rule provides for consideration of H. Res. 863 and H.R. 485. The resolution provides for consideration of H. Res. 863 under a closed rule and H.R. 485 under a structured rule. The rule provides for two hours of general debate on H. Res. 863 and one hour of general debate on H.R. 485. One motion to recommit allowed on H.R. 485. The resolution further provides that upon adoption H. Res. 863, H. Res. 995 is considered adopted; and further, that no other resolution incidental to impeachment relating to H. Res. 863 shall be privileged during the remainder of the 118th Congress.
Considered under the provisions of rule H. Res. 996.
Rule provides for consideration of H. Res. 863 and H.R. 485. The resolution provides for consideration of H. Res. 863 under a closed rule and H.R. 485 under a structured rule. The rule provides for two hours of general debate on H. Res. 863 and one hour of general debate on H.R. 485. One motion to recommit allowed on H.R. 485. The resolution further provides that upon adoption H. Res. 863, H. Res. 995 is considered adopted; and further, that no other resolution incidental to impeachment relating to H. Res. 863 shall be privileged during the remainder of the 118th Congress.
DEBATE - The House proceeded with two hours of debate on H. Res. 863.
The previous question was ordered pursuant to the rule. (consideration: CR H449-476)
The Chair announced that pursuant to clause 1(c) of rule XIX, further proceedings on H. Res. 863 are postponed.
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Pursuant to clause 1(c) of rule XIX, the House resumed consideration of H. Res. 863.
Considered as unfinished business. (consideration: CR H484)
Failed of passage/not agreed to in House On agreeing to the resolution, as amended Failed by the Yeas and Nays: 214 - 216 (Roll no. 37).
Roll Call #37 (House)On agreeing to the resolution, as amended Failed by the Yeas and Nays: 214 - 216 (Roll no. 37).
Roll Call #37 (House)Mr. Moore (UT) moved to reconsider.
POSTPONED PROCEEDINGS - The Chair put the question on the motion to reconsider the vote on H. Res. 863, as amended, and by voice vote, announced that the ayes had prevailed. Mr. Moore (UT) demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.
Considered as unfinished business. (consideration: CR H572-573)
Mr. Moore (UT) moved to reconsider.
On motion to reconsider Agreed to by the Yeas and Nays: 216 - 211 (Roll no. 42). (text: 2/6/2024 CR H449-451)
Roll Call #42 (House)Passed/agreed to in House: On agreeing to the resolution, as amended Agreed to by the Yeas and Nays: 214 - 213 (Roll no. 43).
Roll Call #43 (House)On agreeing to the resolution, as amended Agreed to by the Yeas and Nays: 214 - 213 (Roll no. 43).
Roll Call #43 (House)Received in the Senate.