III 

118TH CONGRESS 

2D SESSION H. RES. 863 

IN THE SENATE OF THE UNITED STATES 

APRIL 16, 2024 

Received 

RESOLUTION 

Impeaching Alejandro Nicholas Mayorkas, Secretary of 

Homeland Security, for high crimes and misdemeanors. 

1 Resolved, That Alejandro Nicholas Mayorkas, Sec2 retary of Homeland Security of the United States of 

3 America, is impeached for high crimes and misdemeanors, 

4 and that the following articles of impeachment be exhib5 ited to the United States Senate: 

6 Articles of impeachment exhibited by the House of 

7 Representatives of the United States of America in the 

8 name of itself and of the people of the United States of 

9 America, against Alejandro N. Mayorkas, Secretary of 

10 Homeland Security of the United States of America, in 

11 maintenance and support of its impeachment against him 

12 for high crimes and misdemeanors. 


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1 ARTICLE I: WILLFUL AND SYSTEMIC REFUSAL TO COMPLY

2 WITH THE LAW

3 The Constitution provides that the House of Rep4 resentatives ‘‘shall have the sole Power of Impeachment’’ 

5 and that civil Officers of the United States, including the 

6 Secretary of Homeland Security, ‘‘shall be removed from 

7 Office on Impeachment for, and Conviction of, Treason, 

8 Bribery, or other high Crimes and Misdemeanors’’. In his 

9 conduct while Secretary of Homeland Security, Alejandro 

10 N. Mayorkas, in violation of his oath to support and de11 fend the Constitution of the United States against all en12 emies, foreign and domestic, to bear true faith and alle13 giance to the same, and to well and faithfully discharge 

14 the duties of his office, has willfully and systemically re15 fused to comply with Federal immigration laws, in that: 

16 Throughout his tenure as Secretary of Homeland Se17 curity, Alejandro N. Mayorkas has repeatedly violated 

18 laws enacted by Congress regarding immigration and bor19 der security. In large part because of his unlawful conduct, 

20 millions of aliens have illegally entered the United States 

21 on an annual basis with many unlawfully remaining in the 

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

23 offense against the separation of powers in the Constitu24 tion of the United States, it also threatens our national 

25 security and has had a dire impact on communities across 


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1 the country. Despite clear evidence that his willful and 

2 systemic refusal to comply with the law has significantly 

3 contributed to unprecedented levels of illegal entrants, the 

4 increased control of the Southwest border by drug cartels, 

5 and the imposition of enormous costs on States and local6 ities affected by the influx of aliens, Alejandro N. 

7 Mayorkas has continued in his refusal to comply with the 

8 law, and thereby acted to the grave detriment of the inter9 ests of the United States. 

10 Alejandro N. Mayorkas engaged in this scheme or 

11 course of conduct through the following means: 

12 (1) Alejandro N. Mayorkas willfully refused to 

13 comply with the detention mandate set forth in sec14 tion 235(b)(2)(A) of the Immigration and Nation15 ality Act, requiring that all applicants for admission 

16 who are ‘‘not clearly and beyond a doubt entitled to 

17 be admitted...shall be detained for a [removal] pro18 ceeding...’’. Instead of complying with this require19 ment, Alejandro N. Mayorkas implemented a catch 

20 and release scheme, whereby such aliens are unlaw21 fully released, even without effective mechanisms to 

22 ensure appearances before the immigration courts 

23 for removal proceedings or to ensure removal in the 

24 case of aliens ordered removed. 


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1 (2) Alejandro N. Mayorkas willfully refused to 

2 comply with the detention mandate set forth in sec3 tion 235(b)(1)(B)(ii) of such Act, requiring that an 

4 alien who is placed into expedited removal pro5 ceedings and determined to have a credible fear of 

6 persecution ‘‘shall be detained for further consider7 ation of the application for asylum’’. Instead of com8 plying with this requirement, Alejandro N. Mayorkas 

9 implemented a catch and release scheme, whereby 

10 such aliens are unlawfully released, even without ef11 fective mechanisms to ensure appearances before the 

12 immigration courts for removal proceedings or to en13 sure removal in the case of aliens ordered removed. 

14 (3) Alejandro N. Mayorkas willfully refused to 

15 comply with the detention set forth in section 

16 235(b)(1)(B)(iii)(IV) of such Act, requiring that an 

17 alien who is placed into expedited removal pro18 ceedings and determined not to have a credible fear 

19 of persecution ‘‘shall be detained...until removed’’. 

20 Instead of complying with this requirement, 

21 Alejandro N. Mayorkas has implemented a catch 

22 and release scheme, whereby such aliens are unlaw23 fully released, even without effective mechanisms to 

24 ensure appearances before the immigration courts 


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1 for removal proceedings or to ensure removal in the 

2 case of aliens ordered removed. 

3 (4) Alejandro N. Mayorkas willfully refused to 

4 comply with the detention mandate set forth in sec5 tion 236(c) of such Act, requiring that a criminal 

6 alien who is inadmissible or deportable on certain 

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

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

9 from law enforcement custody. Instead of complying 

10 with this requirement, Alejandro N. Mayorkas issued 

11 ‘‘Guidelines for the Enforcement of Civil Immigra12 tion Laws’’, which instructs Department of Home13 land Security (hereinafter referred to as ‘‘DHS’’) of14 ficials that the ‘‘fact an individual is a removable 

15 noncitizen...should not alone be the basis of an en16 forcement action against them’’ and that DHS ‘‘per17 sonnel should not rely on the fact of convic18 tion...alone’’, even with respect to aliens subject to 

19 mandatory arrest and detention pursuant to section 

20 236(c) of such Act, to take them into custody. In 

21 Texas v. United States, 40 F.4th 205 (2022), the 

22 United States Court of Appeals for the Fifth Circuit 

23 concluded that these guidelines had ‘‘every indica24 tion of being ‘a general policy that is so extreme as 

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1 ities’ ’’ and that its ‘‘replacement of Congress’s stat2 utory mandates with concerns of equity and race is 

3 extralegal...[and] plainly outside the bounds of the 

4 power conferred by the INA’’. 

5 (5) Alejandro N. Mayorkas willfully refused to 

6 comply with the detention mandate set forth in sec7 tion 241(a)(2) of such Act, requiring that an alien 

8 ordered removed ‘‘shall [be] detain[ed]’’ during ‘‘the 

9 removal period’’. Instead of complying with this 

10 mandate, Alejandro N. Mayorkas issued ‘‘Guidelines 

11 for the Enforcement of Civil Immigration Laws’’, 

12 which instructs DHS officials that the ‘‘fact an indi13 vidual is a removable noncitizen...should not alone be 

14 the basis of an enforcement action against them’’ 

15 and that DHS ‘‘personnel should not rely on the 

16 fact of conviction...alone’’, even with respect to 

17 aliens subject to mandatory detention and removal 

18 pursuant to section 241(a) of such Act. 

19 (6) Alejandro N. Mayorkas willfully exceeded 

20 his parole authority set forth in section 212(d)(5)(A) 

21 of such Act that permits parole to be granted ‘‘only 

22 on a case-by-case basis’’, temporarily, and ‘‘for ur23 gent humanitarian reasons or significant public ben24 efit’’, in that: 


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1 (A) Alejandro N. Mayorkas paroled aliens 

2 en masse in order to release them from manda3 tory detention, despite the fact that, as the 

4 United States Court of Appeals for the Fifth 

5 Circuit concluded in Texas v. Biden, 20 F.4th 

6 928 (2021), ‘‘parol[ing] every alien [DHS] can7 not detain is the opposite of the ‘case-by-case 

8 basis’ determinations required by law’’ and 

9 ‘‘DHS’s pretended power to parole aliens while 

10 ignoring the limitations Congress imposed on 

11 the parole power [is] not nonenforcement; it’s 

12 misenforcement, suspension of the INA, or 

13 both’’. 

14 (B) Alejandro N. Mayorkas created, re15 opened, or expanded a series of categorical pa16 role programs never authorized by Congress for 

17 foreign nationals outside of the United States, 

18 including for certain Central American minors, 

19 Ukrainians, Venezuelans, Cubans, Haitians, 

20 Nicaraguans, Colombians, Salvadorans, Guate21 malans, and Hondurans, which enabled hun22 dreds of thousands of inadmissible aliens to 

23 enter the United States in violation of the laws 

24 enacted by Congress. 


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1 (7) Alejandro N. Mayorkas willfully exceeded 

2 his release authority set forth in section 236(a) of 

3 such Act that permits, in certain circumstances, the 

4 release of aliens arrested on an administrative war5 rant, in that Alejandro N. Mayorkas released aliens 

6 arrested without a warrant despite their being sub7 ject to a separate applicable mandatory detention re8 quirement set forth in section 235(b)(2) of such Act. 

9 Alejandro N. Mayorkas released such aliens by 

10 retroactively issuing administrative warrants in an 

11 attempt to circumvent section 235(b)(2) of such Act. 

12 In Florida v. United States, No. 3:21-cv-1066-TKW13 ZCB (N.D. Fla. Mar. 8, 2023), the United States 

14 District Court of the Northern District of Florida 

15 noted that ‘‘[t]his sleight of hand – using an ‘arrest’ 

16 warrant as a de facto ‘release’ warrant – is adminis17 trative sophistry at its worst’’. In addition, the court 

18 concluded that ‘‘what makes DHS’s application of 

19 [236(a)] in this manner unlawful...is that 

20 [235(b)(2)], not [236(a)], governs the detention of 

21 applicants for admission whom DHS places 

22 in...removal proceedings after inspection’’. 

23 Alejandro N. Mayorkas’s willful and systemic refusal 

24 to comply with the law has had calamitous consequences 


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1 for the Nation and the people of the United States, includ2 ing: 

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

4 average of about 590,000 aliens each fiscal year 

5 were encountered as inadmissible aliens at ports of 

6 entry on the Southwest border or apprehended be7 tween ports of entry. Thereafter, during Alejandro 

8 N. Mayorkas’s tenure in office, that number sky9 rocketed to over 1,400,000 in fiscal year 2021, over 

10 2,300,000 in fiscal year 2022, and over 2,400,000 in 

11 fiscal year 2023. Similarly, during fiscal years 2017 

12 through 2020, an average of 130,000 persons who 

13 were not turned back or apprehended after making 

14 an illegal entry were observed along the border each 

15 fiscal year. During Alejandro N. Mayorkas’s tenure 

16 in office, that number more than trebled to 400,000 

17 in fiscal year 2021, 600,000 in fiscal year 2022, and 

18 750,000 in fiscal year 2023. 

19 (2) American communities both along the 

20 Southwest border and across the United States have 

21 been devastated by the dramatic growth in illegal en22 tries, the number of aliens unlawfully present, and 

23 substantial rise in the number of aliens unlawfully 

24 granted parole, creating a fiscal and humanitarian 

25 crisis and dramatically degrading the quality of life 


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1 of the residents of those communities. For instance, 

2 since 2022, more than 150,000 migrants have gone 

3 through New York City’s shelter intake system. In4 deed, the Mayor of New York City has said that ‘‘we 

5 are past our breaking point’’ and that ‘‘[t]his issue 

6 will destroy New York City’’. In fiscal year 2023, 

7 New York City spent $1,450,000,000 addressing 

8 Alejandro N. Mayorkas’s migrant crisis, and city of9 ficials fear it will spend another $12,000,000,000 

10 over the following three fiscal years, causing painful 

11 budget cuts to important city services. 

12 (3) Alejandro N. Mayorkas’s unlawful mass re13 lease of apprehended aliens and unlawful mass grant 

14 of categorical parole to aliens have enticed an in15 creasing number of aliens to make the dangerous 

16 journey to our Southwest border. Consequently, ac17 cording to the United Nations’s International Orga18 nization for Migration, the number of migrants in19 tending to illegally cross our border who have per20 ished along the way, either en route to the United 

21 States or at the border, almost doubled during the 

22 tenure of Alejandro N. Mayorkas as Secretary of 

23 Homeland Security, from an average of about 700 

24 a year during the fiscal years 2017 through 2020, 


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1 to an average of about 1,300 a year during the fiscal 

2 years 2021 through 2023. 

3 (4) Alien smuggling organizations have gained 

4 tremendous wealth during Alejandro N. Mayorkas’s 

5 tenure as Secretary of Homeland Security, with 

6 their estimated revenues rising from about 

7 $500,000,000 in 2018 to approximately 

8 $13,000,000,000 in 2022. 

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

10 Secretary of Homeland Security, the immigration 

11 court backlog has more than doubled from about 

12 1,300,000 cases to over 3,000,000 cases. The ex13 ploding backlog is destroying the courts’ ability to 

14 administer justice and provide appropriate relief in 

15 a timeframe that does not run into years or even 

16 decades. As Alejandro N. Mayorkas acknowledged, 

17 ‘‘those who have a valid claim to asylum...often wait 

18 years for a...decision; likewise, noncitizens who will 

19 ultimately be found ineligible for asylum or other 

20 protection—which occurs in the majority of cases— 

21 often have spent many years in the United States 

22 prior to being ordered removed’’. He noted that of 

23 aliens placed in expedited removal proceedings and 

24 found to have a credible fear of persecution, and 

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1 ceedings, ‘‘significantly fewer than 20 percent...were 

2 ultimately granted asylum’’ and only ‘‘28 percent of 

3 cases decided on their merits are grants of relief’’. 

4 Alejandro N. Mayorkas also admitted that ‘‘the fact 

5 that migrants can wait in the United States for 

6 years before being issued a final order denying relief, 

7 and that many such individuals are never actually 

8 removed, likely incentivizes migrants to make the 

9 journey north’’. 

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

11 Secretary of Homeland Security, approximately 

12 450,000 unaccompanied alien children have been en13 countered at the Southwest border, and the vast ma14 jority have been released into the United States. As 

15 a result, there has been a dramatic upsurge in mi16 grant children being employed in dangerous and ex17 ploitative jobs in the United States. 

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

19 the law, drawing millions of illegal aliens to the 

20 Southwest border, has led to the reassignment of 

21 U.S. Border Patrol agents from protecting the bor22 der from illicit drug trafficking to processing illegal 

23 aliens for release. As a result, during Alejandro N. 

24 Mayorkas’s tenure as Secretary of Homeland Secu25 rity, the flow of fentanyl across the border and other 


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1 dangerous drugs, both at and between ports of 

2 entry, has increased dramatically. U.S. Customs and 

3 Border Protection seized approximately 4,800 

4 pounds of fentanyl in fiscal year 2020, approxi5 mately 11,200 pounds in fiscal year 2021, approxi6 mately 14,700 pounds in fiscal year 2022, and ap7 proximately 27,000 pounds in fiscal year 2023. Over 

8 70,000 Americans died from fentanyl poisoning in 

9 2022, and fentanyl is now the number one killer of 

10 Americans between the ages of 18 and 45. 

11 (8) Alejandro N. Mayorkas has degraded public 

12 safety by leaving wide swaths of the border effec13 tively unpatrolled as U.S. Border Patrol agents are 

14 diverted from guarding the border to processing for 

15 unlawful release the heightening waves of appre16 hended aliens (many who now seek out agents for 

17 the purpose of surrendering with the now reasonable 

18 expectation of being released and granted work au19 thorization), and Federal Air Marshals are diverted 

20 from protecting the flying public to assist in such 

21 processing. 

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

23 Secretary of Homeland Security, the U.S. Border 

24 Patrol has encountered an increasing number of 

25 aliens on the terrorist watch list. In fiscal years 


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1 2017 through 2020 combined, 11 noncitizens on the 

2 terrorist watchlist were caught attempting to cross 

3 the Southwest border between ports of entry. That 

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

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

6 far in fiscal year 2024. 

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

8 (2023), the United States Supreme Court heard a case 

9 involving Alejandro N. Mayorkas’s refusal to comply with 

10 certain Federal immigration laws that are at issue in this 

11 impeachment. The Supreme Court held that States have 

12 no 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 

16 courts lack Article III jurisdiction over this suit, other fo17 rums remain open for examining the Executive Branch’s 

18 enforcement policies. For example, Congress possesses an 

19 array of tools to analyze and influence those policies [and] 

20 those are political checks for the political process’’. One 

21 such critical tool for Congress to influence the Executive 

22 Branch to comply with the immigration laws of the United 

23 States is impeachment. The dissenting Justice noted, 

24 ‘‘The Court holds Texas lacks standing to challenge a fed25 eral policy that inflicts substantial harm on the State and 


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1 its residents by releasing illegal aliens with criminal con2 victions for serious crimes. In order to reach this conclu3 sion, the Court...holds that the only limit on the power 

4 of a President to disobey a law like the important provi5 sion at issue is Congress’ power to employ the weapons 

6 of inter-branch warfare...’’. As the dissenting Justice ex7 plained, ‘‘Congress may wield what the Solicitor General 

8 described as ‘political...tools’—which presumably means 

9 such things as...impeachment and removal’’. Indeed, dur10 ing oral argument, the Justice who authored the majority 

11 opinion stated to the Solicitor General, ‘‘I think your posi12 tion is, instead of judicial review, Congress has to resort 

13 to shutting down the government or impeachment or dra14 matic steps...’’. Here, in light of the inability of injured 

15 parties to seek judicial relief to remedy the refusal of 

16 Alejandro N. Mayorkas to comply with Federal immigra17 tion laws, impeachment is Congress’s only viable option. 

18 In all of this, Alejandro N. Mayorkas willfully and 

19 systemically refused to comply with the immigration laws, 

20 failed to control the border to the detriment of national 

21 security, compromised public safety, and violated the rule 

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

23 the 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 


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1 and border security, the safety of the United States peo2 ple, and the Constitution if allowed to remain in office, 

3 and has acted in a manner grossly incompatible with his 

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

5 warrants impeachment and trial, removal from office, and 

6 disqualification to hold and enjoy any office of honor, 

7 trust, or profit under the United States. 

8 ARTICLE II: BREACH OF PUBLIC TRUST

9 The Constitution provides that the House of Rep10 resentatives ‘‘shall have the sole Power of Impeachment’’ 

11 and that civil Officers of the United States, including the 

12 Secretary of Homeland Security, ‘‘shall be removed from 

13 Office on Impeachment for, and Conviction of, Treason, 

14 Bribery, or other high Crimes and Misdemeanors’’. In his 

15 conduct while Secretary of Homeland Security, Alejandro 

16 N. Mayorkas, in violation of his oath to well and faithfully 

17 discharge the duties of his office, has breached the public 

18 trust, in that: 

19 Alejandro N. Mayorkas has knowingly made false 

20 statements, and knowingly obstructed lawful oversight of 

21 the Department of Homeland Security (hereinafter re22 ferred to as ‘‘DHS’’), principally to obfuscate the results 

23 of his willful and systemic refusal to comply with the law. 

24 Alejandro N. Mayorkas engaged in this scheme or course 

25 of conduct through the following means: 


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1 (1) Alejandro N. Mayorkas knowingly made 

2 false statements to Congress that the border is ‘‘se3 cure’’, that the border is ‘‘no less secure than it was 

4 previously’’, that the border is ‘‘closed’’, and that 

5 DHS has ‘‘operational control’’ of the border (as 

6 that term is defined in the Secure Fence Act of 

7 2006). 

8 (2) Alejandro N. Mayorkas knowingly made 

9 false statements to Congress regarding the scope 

10 and adequacy of the vetting of the thousands of Af11 ghans who were airlifted to the United States and 

12 then granted parole following the Taliban takeover 

13 of Afghanistan after President Biden’s precipitous 

14 withdrawal of United States forces. 

15 (3) Alejandro N. Mayorkas knowingly made 

16 false statements that apprehended aliens with no 

17 legal basis to remain in the United States were 

18 being quickly removed. 

19 (4) Alejandro N. Mayorkas knowingly made 

20 false statements supporting the false narrative that 

21 U.S. Border Patrol agents maliciously whipped ille22 gal aliens. 

23 (5) Alejandro N. Mayorkas failed to comply 

24 with multiple subpoenas issued by congressional 

25 committees. 


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1 (6) Alejandro N. Mayorkas delayed or denied 

2 access of DHS Office of Inspector General (herein3 after referred to as ‘‘OIG’’) to DHS records and in4 formation, hampering OIG’s ability to effectively 

5 perform its vital investigations, audits, inspections, 

6 and other reviews of agency programs and oper7 ations to satisfy the OIG’s obligations under section 

8 402(b) of title 5, United States Code, in part, to 

9 Congress. 

10 Additionally, in his conduct while Secretary of Home11 land Security, Alejandro N. Mayorkas has breached the 

12 public trust by his willful refusal to fulfill his statutory 

13 ‘‘duty to control and guard the boundaries and borders 

14 of the United States against the illegal entry of aliens’’ 

15 as set forth in section 103(a)(5) of the Immigration and 

16 Nationality Act. Alejandro N. Mayorkas inherited what his 

17 first Chief of the U.S. Border Patrol called, ‘‘arguably the 

18 most effective border security in our nation’s history’’. 

19 Alejandro N. Mayorkas, however, proceeded to abandon 

20 effective border security initiatives without engaging in 

21 adequate alternative efforts that would enable DHS to 

22 maintain control of the border and guard against illegal 

23 entry, and despite clear evidence of the devastating con24 sequences of his actions, he failed to take action to fulfill 

25 his statutory duty to control the border. According to his 


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1 first Chief of the U.S. Border Patrol, Alejandro N. 

2 Mayorkas ‘‘summarily rejected’’ the ‘‘multiple options to 

3 reduce the illegal entries...through proven programs and 

4 consequences’’ provided by civil service staff at DHS. De5 spite clear evidence of the devastating consequences of his 

6 actions, he failed to take action to fulfill his statutory duty 

7 to control the border, in that, among other things: 

8 (1) Alejandro N. Mayorkas terminated the Mi9 grant Protection Protocols (hereinafter referred to 

10 as ‘‘MPP’’). In Texas v. Biden, 20 F.4th 928 

11 (2021), the United States Court of Appeals for the 

12 Fifth Circuit explained that ‘‘[t]he district 

13 court...pointed to evidence that ‘the termination of 

14 MPP has contributed to the current border 

15 surge’...(citing DHS’s own previous determinations 

16 that MPP had curbed the rate of illegal entries)’’. 

17 The district court had also ‘‘pointed out that the 

18 number of ‘enforcement encounters’—that is, in19 stances where immigration officials encounter immi20 grants attempting to cross the southern border with21 out documentation—had ‘skyrocketed’ since MPP’s 

22 termination’’. 

23 (2) Alejandro N. Mayorkas terminated con24 tracts for border wall construction. 


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1 (3) Alejandro N. Mayorkas terminated asylum 

2 cooperative agreements that would have equitably 

3 shared the burden of complying with international 

4 asylum accords. 

5 In all of this, Alejandro N. Mayorkas breached the 

6 public trust by knowingly making false statements to Con7 gress and the American people and avoiding lawful over8 sight in order to obscure the devastating consequences of 

9 his willful and systemic refusal to comply with the law and 

10 carry out his statutory duties. He has also breached the 

11 public trust by willfully refusing to carry out his statutory 

12 duty to control the border and guard against illegal entry, 

13 notwithstanding the calamitous consequences of his abdi14 cation of that duty. 

15 Wherefore Alejandro N. Mayorkas, by such conduct, 

16 has demonstrated that he will remain a threat to national 

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

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

19 has acted in a manner grossly incompatible with his duties 

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

21 impeachment and trial, removal from office, and disquali22 fication to hold and enjoy any office of honor, trust, or 

23 profit under the United States. 


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MIKE JOHNSON, 

Speaker of the House of Representatives. 

Attest: KEVIN F. MCCUMBER, 

Clerk. 


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