IV 

House Calendar No. 60 

118TH CONGRESS 

2D SESSION H. RES. 863 

[Report No. 118–372] 

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; which was referred 

to the Committee on Homeland Security 

NOVEMBER 13, 2023 

By motion of the House, referred to the Committee on Homeland Security 

FEBRUARY 3, 2024 

Additional sponsors: Mr. STEUBE, Mr. ROSENDALE, Mrs. MILLER of Illinois, 

Mr. CARL, Mr. COLLINS, Mr. FRY, Mr. POSEY, Mr. CRANE, Mr. ZINKE, 

Mr. BIGGS, Mr. WEBER of Texas, Mr. JACKSON of Texas, Mr. MEUSER, 

Mr. TIMMONS, Mrs. HARSHBARGER, Ms. FOXX, and Mr. BANKS

FEBRUARY 3, 2024 

Reported with an amendment, referred to the House Calendar, and ordered 

to be printed 

[Strike out all after the resolving clause and insert the part printed in italic] 

[For text of introduced resolution, see copy of resolution as introduced on November 13, 2023] 

RESOLUTION 

Impeaching Alejandro Nicholas Mayorkas, Secretary of 

Homeland Security, for high crimes and misdemeanors. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
2 

•HRES 863 RH 

1 Resolved, That Alejandro Nicholas Mayorkas, Sec2 retary of Homeland Security of the United States of Amer3 ica, is impeached for high crimes and misdemeanors, and 

4 that the following articles of impeachment be exhibited to 

5 the United States Senate: 

6 Articles of impeachment exhibited by the House of Rep7 resentatives of the United States of America in the name 

8 of itself and of the people of the United States of America, 

9 against Alejandro N. Mayorkas, Secretary of Homeland Se10 curity of the United States of America, in maintenance and 

11 support of its impeachment against him for high crimes 

12 and misdemeanors. 

13 ARTICLE I: WILLFUL AND SYSTEMIC REFUSAL TO COMPLY

14 WITH THE LAW

15 The Constitution provides that the House of Represent16 atives ‘‘shall have the sole Power of Impeachment’’ and that 

17 civil Officers of the United States, including the Secretary 

18 of Homeland Security, ‘‘shall be removed from Office on Im19 peachment for, and Conviction of, Treason, Bribery, or 

20 other high Crimes and Misdemeanors’’. In his conduct while 

21 Secretary of Homeland Security, Alejandro N. Mayorkas, 

22 in violation of his oath to support and defend the Constitu23 tion of the United States against all enemies, foreign and 

24 domestic, to bear true faith and allegiance to the same, and 

25 to well and faithfully discharge the duties of his office, has 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
3 

•HRES 863 RH 

1 willfully and systemically refused to comply with Federal 

2 immigration laws, in that: 

3 Throughout his tenure as Secretary of Homeland Secu4 rity, Alejandro N. Mayorkas has repeatedly violated laws 

5 enacted by Congress regarding immigration and border se6 curity. In large part because of his unlawful conduct, mil7 lions of aliens have illegally entered the United States on 

8 an annual basis with many unlawfully remaining in the 

9 United States. His refusal to obey the law is not only an 

10 offense against the separation of powers in the Constitution 

11 of the United States, it also threatens our national security 

12 and has had a dire impact on communities across the coun13 try. Despite clear evidence that his willful and systemic re14 fusal to comply with the law has significantly contributed 

15 to unprecedented levels of illegal entrants, the increased con16 trol of the Southwest border by drug cartels, and the imposi17 tion of enormous costs on States and localities affected by 

18 the influx of aliens, Alejandro N. Mayorkas has continued 

19 in his refusal to comply with the law, and thereby acted 

20 to the grave detriment of the interests of the United States. 

21 Alejandro N. Mayorkas engaged in this scheme or 

22 course of conduct through the following means: 

23 (1) Alejandro N. Mayorkas willfully refused to 

24 comply with the detention mandate set forth in sec25 tion 235(b)(2)(A) of the Immigration and Nationality 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
4 

•HRES 863 RH 

1 Act, requiring that all applicants for admission who 

2 are ‘‘not clearly and beyond a doubt entitled to be ad3 mitted...shall be detained for a [removal] pro4 ceeding...’’. Instead of complying with this require5 ment, Alejandro N. Mayorkas implemented a catch 

6 and release scheme, whereby such aliens are unlaw7 fully released, even without effective mechanisms to 

8 ensure appearances before the immigration courts for 

9 removal proceedings or to ensure removal in the case 

10 of aliens ordered removed. 

11 (2) Alejandro N. Mayorkas willfully refused to 

12 comply with the detention mandate set forth in sec13 tion 235(b)(1)(B)(ii) of such Act, requiring that an 

14 alien who is placed into expedited removal pro15 ceedings and determined to have a credible fear of 

16 persecution ‘‘shall be detained for further consider17 ation of the application for asylum’’. Instead of com18 plying with this requirement, Alejandro N. Mayorkas 

19 implemented a catch and release scheme, whereby 

20 such aliens are unlawfully released, even without ef21 fective mechanisms to ensure appearances before the 

22 immigration courts for removal proceedings or to en23 sure removal in the case of aliens ordered removed. 

24 (3) Alejandro N. Mayorkas willfully refused to 

25 comply with the detention set forth in section 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
5 

•HRES 863 RH 

1 235(b)(1)(B)(iii)(IV) of such Act, requiring that an 

2 alien who is placed into expedited removal pro3 ceedings and determined not to have a credible fear 

4 of persecution ‘‘shall be detained...until removed’’. In5 stead of complying with this requirement, Alejandro 

6 N. Mayorkas has implemented a catch and release 

7 scheme, whereby such aliens are unlawfully released, 

8 even without effective mechanisms to ensure appear9 ances before the immigration courts for removal pro10 ceedings or to ensure removal in the case of aliens or11 dered removed. 

12 (4) Alejandro N. Mayorkas willfully refused to 

13 comply with the detention mandate set forth in sec14 tion 236(c) of such Act, requiring that a criminal 

15 alien who is inadmissible or deportable on certain 

16 criminal and terrorism-related grounds ‘‘shall [be] 

17 take[n] into custody’’ when the alien is released from 

18 law enforcement custody. Instead of complying with 

19 this requirement, Alejandro N. Mayorkas issued 

20 ‘‘Guidelines for the Enforcement of Civil Immigration 

21 Laws’’, which instructs Department of Homeland Se22 curity (hereinafter referred to as ‘‘DHS’’) officials 

23 that the ‘‘fact an individual is a removable noncit24 izen...should not alone be the basis of an enforcement 

25 action against them’’ and that DHS ‘‘personnel 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
6 

•HRES 863 RH 

1 should not rely on the fact of conviction...alone’’, even 

2 with respect to aliens subject to mandatory arrest and 

3 detention pursuant to section 236(c) of such Act, to 

4 take them into custody. In Texas v. United States, 40 

5 F.4th 205 (2022), the United States Court of Appeals 

6 for the Fifth Circuit concluded that these guidelines 

7 had ‘‘every indication of being ‘a general policy that 

8 is so extreme as to amount to an abdication 

9 of...statutory responsibilities’ ’’ and that its ‘‘replace10 ment of Congress’s statutory mandates with concerns 

11 of equity and race is extralegal...[and] plainly outside 

12 the bounds of the power conferred by the INA’’. 

13 (5) Alejandro N. Mayorkas willfully refused to 

14 comply with the detention mandate set forth in sec15 tion 241(a)(2) of such Act, requiring that an alien or16 dered removed ‘‘shall [be] detain[ed]’’ during ‘‘the re17 moval period’’. Instead of complying with this man18 date, Alejandro N. Mayorkas issued ‘‘Guidelines for 

19 the Enforcement of Civil Immigration Laws’’, which 

20 instructs DHS officials that the ‘‘fact an individual 

21 is a removable noncitizen...should not alone be the 

22 basis of an enforcement action against them’’ and 

23 that DHS ‘‘personnel should not rely on the fact of 

24 conviction...alone’’, even with respect to aliens subject 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
7 

•HRES 863 RH 

1 to mandatory detention and removal pursuant to sec2 tion 241(a) of such Act. 

3 (6) Alejandro N. Mayorkas willfully exceeded his 

4 parole authority set forth in section 212(d)(5)(A) of 

5 such Act that permits parole to be granted ‘‘only on 

6 a case-by-case basis’’, temporarily, and ‘‘for urgent 

7 humanitarian reasons or significant public benefit’’, 

8 in that: 

9 (A) Alejandro N. Mayorkas paroled aliens 

10 en masse in order to release them from manda11 tory detention, despite the fact that, as the 

12 United States Court of Appeals for the Fifth Cir13 cuit concluded in Texas v. Biden, 20 F.4th 928 

14 (2021), ‘‘parol[ing] every alien [DHS] cannot 

15 detain is the opposite of the ‘case-by-case basis’ 

16 determinations required by law’’ and ‘‘DHS’s 

17 pretended power to parole aliens while ignoring 

18 the limitations Congress imposed on the parole 

19 power [is] not nonenforcement; it’s 

20 misenforcement, suspension of the INA, or both’’. 

21 (B) Alejandro N. Mayorkas created, re22 opened, or expanded a series of categorical parole 

23 programs never authorized by Congress for for24 eign nationals outside of the United States, in25 cluding for certain Central American minors, 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
8 

•HRES 863 RH 

1 Ukrainians, Venezuelans, Cubans, Haitians, 

2 Nicaraguans, Colombians, Salvadorans, Guate3 malans, and Hondurans, which enabled hun4 dreds of thousands of inadmissible aliens to enter 

5 the United States in violation of the laws en6 acted by Congress. 

7 (7) Alejandro N. Mayorkas willfully exceeded his 

8 release authority set forth in section 236(a) of such 

9 Act that permits, in certain circumstances, the release 

10 of aliens arrested on an administrative warrant, in 

11 that Alejandro N. Mayorkas released aliens arrested 

12 without a warrant despite their being subject to a 

13 separate applicable mandatory detention requirement 

14 set forth in section 235(b)(2) of such Act. Alejandro 

15 N. Mayorkas released such aliens by retroactively 

16 issuing administrative warrants in an attempt to cir17 cumvent section 235(b)(2) of such Act. In Florida v. 

18 United States, No. 3:21-cv-1066-TKW-ZCB (N.D. 

19 Fla. Mar. 8, 2023), the United States District Court 

20 of the Northern District of Florida noted that ‘‘[t]his 

21 sleight of hand – using an ‘arrest’ warrant as a de 

22 facto ‘release’ warrant – is administrative sophistry 

23 at its worst’’. In addition, the court concluded that 

24 ‘‘what makes DHS’s application of [236(a)] in this 

25 manner unlawful...is that [235(b)(2)], not [236(a)], 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
9 

•HRES 863 RH 

1 governs the detention of applicants for admission 

2 whom DHS places in...removal proceedings after in3 spection’’. 

4 Alejandro N. Mayorkas’s willful and systemic refusal 

5 to comply with the law has had calamitous consequences 

6 for the Nation and the people of the United States, includ7 ing: 

8 (1) During fiscal years 2017 through 2020, an 

9 average of about 590,000 aliens each fiscal year were 

10 encountered as inadmissible aliens at ports of entry 

11 on the Southwest border or apprehended between ports 

12 of entry. Thereafter, during Alejandro N. Mayorkas’s 

13 tenure in office, that number skyrocketed to over 

14 1,400,000 in fiscal year 2021, over 2,300,000 in fiscal 

15 year 2022, and over 2,400,000 in fiscal year 2023. 

16 Similarly, during fiscal years 2017 through 2020, an 

17 average of 130,000 persons who were not turned back 

18 or apprehended after making an illegal entry were ob19 served along the border each fiscal year. During 

20 Alejandro N. Mayorkas’s tenure in office, that number 

21 more than trebled to 400,000 in fiscal year 2021, 

22 600,000 in fiscal year 2022, and 750,000 in fiscal 

23 year 2023. 

24 (2) American communities both along the South25 west border and across the United States have been 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
10 

•HRES 863 RH 

1 devastated by the dramatic growth in illegal entries, 

2 the number of aliens unlawfully present, and substan3 tial rise in the number of aliens unlawfully granted 

4 parole, creating a fiscal and humanitarian crisis and 

5 dramatically degrading the quality of life of the resi6 dents of those communities. For instance, since 2022, 

7 more than 150,000 migrants have gone through New 

8 York City’s shelter intake system. Indeed, the Mayor 

9 of New York City has said that ‘‘we are past our 

10 breaking point’’ and that ‘‘[t]his issue will destroy 

11 New York City’’. In fiscal year 2023, New York City 

12 spent $1,450,000,000 addressing Alejandro N. 

13 Mayorkas’s migrant crisis, and city officials fear it 

14 will spend another $12,000,000,000 over the following 

15 three fiscal years, causing painful budget cuts to im16 portant city services. 

17 (3) Alejandro N. Mayorkas’s unlawful mass re18 lease of apprehended aliens and unlawful mass grant 

19 of categorical parole to aliens have enticed an increas20 ing number of aliens to make the dangerous journey 

21 to our Southwest border. Consequently, according to 

22 the United Nations’s International Organization for 

23 Migration, the number of migrants intending to ille24 gally cross our border who have perished along the 

25 way, either en route to the United States or at the 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
11 

•HRES 863 RH 

1 border, almost doubled during the tenure of Alejandro 

2 N. Mayorkas as Secretary of Homeland Security, 

3 from an average of about 700 a year during the fiscal 

4 years 2017 through 2020, to an average of about 

5 1,300 a year during the fiscal years 2021 through 

6 2023. 

7 (4) Alien smuggling organizations have gained 

8 tremendous wealth during Alejandro N. Mayorkas’s 

9 tenure as Secretary of Homeland Security, with their 

10 estimated revenues rising from about $500,000,000 in 

11 2018 to approximately $13,000,000,000 in 2022. 

12 (5) During Alejandro N. Mayorkas’s tenure as 

13 Secretary of Homeland Security, the immigration 

14 court backlog has more than doubled from about 

15 1,300,000 cases to over 3,000,000 cases. The exploding 

16 backlog is destroying the courts’ ability to administer 

17 justice and provide appropriate relief in a timeframe 

18 that does not run into years or even decades. As 

19 Alejandro N. Mayorkas acknowledged, ‘‘those who 

20 have a valid claim to asylum...often wait years for 

21 a...decision; likewise, noncitizens who will ultimately 

22 be found ineligible for asylum or other protection— 

23 which occurs in the majority of cases—often have 

24 spent many years in the United States prior to being 

25 ordered removed’’. He noted that of aliens placed in 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
12 

•HRES 863 RH 

1 expedited removal proceedings and found to have a 

2 credible fear of persecution, and thus referred to im3 migration judges for removal proceedings, ‘‘signifi4 cantly fewer than 20 percent...were ultimately granted 

5 asylum’’ and only ‘‘28 percent of cases decided on 

6 their merits are grants of relief’’. Alejandro N. 

7 Mayorkas also admitted that ‘‘the fact that migrants 

8 can wait in the United States for years before being 

9 issued a final order denying relief, and that many 

10 such individuals are never actually removed, likely 

11 incentivizes migrants to make the journey north’’. 

12 (6) During Alejandro N. Mayorkas’s tenure as 

13 Secretary of Homeland Security, approximately 

14 450,000 unaccompanied alien children have been en15 countered at the Southwest border, and the vast ma16 jority have been released into the United States. As a 

17 result, there has been a dramatic upsurge in migrant 

18 children being employed in dangerous and exploita19 tive jobs in the United States. 

20 (7) Alejandro N. Mayorkas’s failure to enforce 

21 the law, drawing millions of illegal aliens to the 

22 Southwest border, has led to the reassignment of U.S. 

23 Border Patrol agents from protecting the border from 

24 illicit drug trafficking to processing illegal aliens for 

25 release. As a result, during Alejandro N. Mayorkas’s 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
13 

•HRES 863 RH 

1 tenure as Secretary of Homeland Security, the flow of 

2 fentanyl across the border and other dangerous drugs, 

3 both at and between ports of entry, has increased dra4 matically. U.S. Customs and Border Protection seized 

5 approximately 4,800 pounds of fentanyl in fiscal year 

6 2020, approximately 11,200 pounds in fiscal year 

7 2021, approximately 14,700 pounds in fiscal year 

8 2022, and approximately 27,000 pounds in fiscal 

9 year 2023. Over 70,000 Americans died from fentanyl 

10 poisoning in 2022, and fentanyl is now the number 

11 one killer of Americans between the ages of 18 and 45. 

12 (8) Alejandro N. Mayorkas has degraded public 

13 safety by leaving wide swaths of the border effectively 

14 unpatrolled as U.S. Border Patrol agents are diverted 

15 from guarding the border to processing for unlawful 

16 release the heightening waves of apprehended aliens 

17 (many who now seek out agents for the purpose of 

18 surrendering with the now reasonable expectation of 

19 being released and granted work authorization), and 

20 Federal Air Marshals are diverted from protecting the 

21 flying public to assist in such processing. 

22 (9) During Alejandro N. Mayorkas’s tenure as 

23 Secretary of Homeland Security, the U.S. Border Pa24 trol has encountered an increasing number of aliens 

25 on the terrorist watch list. In fiscal years 2017 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
14 

•HRES 863 RH 

1 through 2020 combined, 11 noncitizens on the ter2 rorist watchlist were caught attempting to cross the 

3 Southwest border between ports of entry. That number 

4 increased to 15 in fiscal year 2021, 98 in fiscal year 

5 2022, 169 in fiscal year 2023, and 49 so far in fiscal 

6 year 2024. 

7 Additionally, in United States v. Texas, 599 U.S. 670 

8 (2023), the United States Supreme Court heard a case in9 volving Alejandro N. Mayorkas’s refusal to comply with cer10 tain Federal immigration laws that are at issue in this im11 peachment. The Supreme Court held that States have no 

12 standing to seek judicial relief to compel Alejandro N. 

13 Mayorkas to comply with certain legal requirements con14 tained in the Immigration and Nationality Act. However, 

15 the Supreme Court held that ‘‘even though the federal courts 

16 lack Article III jurisdiction over this suit, other forums re17 main open for examining the Executive Branch’s enforce18 ment policies. For example, Congress possesses an array of 

19 tools to analyze and influence those policies [and] those are 

20 political checks for the political process’’. One such critical 

21 tool for Congress to influence the Executive Branch to com22 ply with the immigration laws of the United States is im23 peachment. The dissenting Justice noted, ‘‘The Court holds 

24 Texas lacks standing to challenge a federal policy that in25 flicts substantial harm on the State and its residents by 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
15 

•HRES 863 RH 

1 releasing illegal aliens with criminal convictions for serious 

2 crimes. In order to reach this conclusion, the Court...holds 

3 that the only limit on the power of a President to disobey 

4 a law like the important provision at issue is Congress’ 

5 power to employ the weapons of inter-branch warfare...’’. 

6 As the dissenting Justice explained, ‘‘Congress may wield 

7 what the Solicitor General described as ‘political...tools’— 

8 which presumably means such things as...impeachment and 

9 removal’’. Indeed, during oral argument, the Justice who 

10 authored the majority opinion stated to the Solicitor Gen11 eral, ‘‘I think your position is, instead of judicial review, 

12 Congress has to resort to shutting down the government or 

13 impeachment or dramatic steps...’’. Here, in light of the in14 ability of injured parties to seek judicial relief to remedy 

15 the refusal of Alejandro N. Mayorkas to comply with Fed16 eral immigration laws, impeachment is Congress’s only via17 ble option. 

18 In all of this, Alejandro N. Mayorkas willfully and sys19 temically refused to comply with the immigration laws, 

20 failed to control the border to the detriment of national secu21 rity, compromised public safety, and violated the rule of 

22 law and separation of powers in the Constitution, to the 

23 manifest injury of the people of the United States. 

24 Wherefore Alejandro N. Mayorkas, by such conduct, 

25 has demonstrated that he will remain a threat to national 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
16 

•HRES 863 RH 

1 and border security, the safety of the United States people, 

2 and the Constitution if allowed to remain in office, and 

3 has acted in a manner grossly incompatible with his duties 

4 and the rule of law. Alejandro N. Mayorkas thus warrants 

5 impeachment and trial, removal from office, and disquali6 fication to hold and enjoy any office of honor, trust, or prof7 it under the United States. 

8 ARTICLE II: BREACH OF PUBLIC TRUST

9 The Constitution provides that the House of Represent10 atives ‘‘shall have the sole Power of Impeachment’’ and that 

11 civil Officers of the United States, including the Secretary 

12 of Homeland Security, ‘‘shall be removed from Office on Im13 peachment for, and Conviction of, Treason, Bribery, or 

14 other high Crimes and Misdemeanors’’. In his conduct while 

15 Secretary of Homeland Security, Alejandro N. Mayorkas, 

16 in violation of his oath to well and faithfully discharge the 

17 duties of his office, has breached the public trust, in that: 

18 Alejandro N. Mayorkas has knowingly made false 

19 statements, and knowingly obstructed lawful oversight of the 

20 Department of Homeland Security (hereinafter referred to 

21 as ‘‘DHS’’), principally to obfuscate the results of his will22 ful and systemic refusal to comply with the law. Alejandro 

23 N. Mayorkas engaged in this scheme or course of conduct 

24 through the following means: 

25 (1) Alejandro N. Mayorkas knowingly made false 

26 statements to Congress that the border is ‘‘secure’’, 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
17 

•HRES 863 RH 

1 that the border is ‘‘no less secure than it was pre2 viously’’, that the border is ‘‘closed’’, and that DHS 

3 has ‘‘operational control’’ of the border (as that term 

4 is defined in the Secure Fence Act of 2006). 

5 (2) Alejandro N. Mayorkas knowingly made false 

6 statements to Congress regarding the scope and ade7 quacy of the vetting of the thousands of Afghans who 

8 were airlifted to the United States and then granted 

9 parole following the Taliban takeover of Afghanistan 

10 after President Biden’s precipitous withdrawal of 

11 United States forces. 

12 (3) Alejandro N. Mayorkas knowingly made false 

13 statements that apprehended aliens with no legal 

14 basis to remain in the United States were being 

15 quickly removed. 

16 (4) Alejandro N. Mayorkas knowingly made false 

17 statements supporting the false narrative that U.S. 

18 Border Patrol agents maliciously whipped illegal 

19 aliens. 

20 (5) Alejandro N. Mayorkas failed to comply with 

21 multiple subpoenas issued by congressional commit22 tees. 

23 (6) Alejandro N. Mayorkas delayed or denied ac24 cess of DHS Office of Inspector General (hereinafter 

25 referred to as ‘‘OIG’’) to DHS records and informaVerDate Sep 11 2014 02:11 Feb 03, 2024 Jkt 049200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6203 E:\BILLS\HR863.RH HR863

kjohnson on DSK7ZCZBW3PROD with $$_JOB
18 

•HRES 863 RH 

1 tion, hampering OIG’s ability to effectively perform 

2 its vital investigations, audits, inspections, and other 

3 reviews of agency programs and operations to satisfy 

4 the OIG’s obligations under section 402(b) of title 5, 

5 United States Code, in part, to Congress. 

6 Additionally, in his conduct while Secretary of Home7 land Security, Alejandro N. Mayorkas has breached the 

8 public trust by his willful refusal to fulfill his statutory 

9 ‘‘duty to control and guard the boundaries and borders of 

10 the United States against the illegal entry of aliens’’ as set 

11 forth in section 103(a)(5) of the Immigration and Nation12 ality Act. Alejandro N. Mayorkas inherited what his first 

13 Chief of the U.S. Border Patrol called, ‘‘arguably the most 

14 effective border security in our nation’s history’’. Alejandro 

15 N. Mayorkas, however, proceeded to abandon effective border 

16 security initiatives without engaging in adequate alter17 native efforts that would enable DHS to maintain control 

18 of the border and guard against illegal entry, and despite 

19 clear evidence of the devastating consequences of his actions, 

20 he failed to take action to fulfill his statutory duty to con21 trol the border. According to his first Chief of the U.S. Bor22 der Patrol, Alejandro N. Mayorkas ‘‘summarily rejected’’ 

23 the ‘‘multiple options to reduce the illegal entries...through 

24 proven programs and consequences’’ provided by civil serv25 ice staff at DHS. Despite clear evidence of the devastating 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
19 

•HRES 863 RH 

1 consequences of his actions, he failed to take action to fulfill 

2 his statutory duty to control the border, in that, among 

3 other things: 

4 (1) Alejandro N. Mayorkas terminated the Mi5 grant Protection Protocols (hereinafter referred to as 

6 ‘‘MPP’’). In Texas v. Biden, 20 F.4th 928 (2021), the 

7 United States Court of Appeals for the Fifth Circuit 

8 explained that ‘‘[t]he district court...pointed to evi9 dence that ‘the termination of MPP has contributed 

10 to the current border surge’...(citing DHS’s own pre11 vious determinations that MPP had curbed the rate 

12 of illegal entries)’’. The district court had also ‘‘point13 ed out that the number of ‘enforcement encounters’— 

14 that is, instances where immigration officials encoun15 ter immigrants attempting to cross the southern bor16 der without documentation—had ‘skyrocketed’ since 

17 MPP’s termination’’. 

18 (2) Alejandro N. Mayorkas terminated contracts 

19 for border wall construction. 

20 (3) Alejandro N. Mayorkas terminated asylum 

21 cooperative agreements that would have equitably 

22 shared the burden of complying with international 

23 asylum accords. 

24 In all of this, Alejandro N. Mayorkas breached the pub25 lic trust by knowingly making false statements to Congress 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
20 

•HRES 863 RH 

1 and the American people and avoiding lawful oversight in 

2 order to obscure the devastating consequences of his willful 

3 and systemic refusal to comply with the law and carry out 

4 his statutory duties. He has also breached the public trust 

5 by willfully refusing to carry out his statutory duty to con6 trol the border and guard against illegal entry, notwith7 standing the calamitous consequences of his abdication of 

8 that duty. 

9 Wherefore Alejandro N. Mayorkas, by such conduct, 

10 has demonstrated that he will remain a threat to national 

11 and border security, the safety of the American people, and 

12 to the Constitution if allowed to remain in office, and has 

13 acted in a manner grossly incompatible with his duties and 

14 the rule of law. Alejandro N. Mayorkas thus warrants im15 peachment and trial, removal from office, and disqualifica16 tion to hold and enjoy any office of honor, trust, or profit 

17 under the United States. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB

kjohnson on DSK7ZCZBW3PROD with $$_JOB
House Calendar No. 60 

118TH CONGRESS 

2D SESSION H. RES. 863 

[Report No. 118–372] 

RESOLUTION 

Impeaching Alejandro Nicholas Mayorkas, Secmisdemeanors. retary of Homeland Security, for high crimes and 

FEBRUARY 3, 2024 

Reported with an amendment, referred to the House 

Calendar, and ordered to be printed 


kjohnson on DSK7ZCZBW3PROD with $$_JOB