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[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>
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