IV 

118TH CONGRESS 

1ST SESSION H. RES. 89 

Impeaching Alejandro Nicholas Mayorkas, Secretary of Homeland Security, 

for high crimes and misdemeanors. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 1, 2023 

Mr. BIGGS (for himself, Mr. DUNCAN, Mrs. MILLER of Illinois, Mr. NORMAN, 

Mr. CLOUD, Ms. GREENE of Georgia, Mr. CRANE, Mrs. BOEBERT, Mr. 

OGLES, Mr. POSEY, Mr. GAETZ, Mr. GOSAR, Mr. CLYDE, Ms. MACE, Ms. 

TENNEY, Mr. GOOD of Virginia, Mr. PERRY, Mr. BURLISON, Mr. BABIN, 

Mr. ROSENDALE, Mr. NEHLS, Mrs. LESKO, Mr. ZINKE, Mr. WEBER of 

Texas, Mr. GROTHMAN, Mr. FALLON, Mr. STEUBE, Mr. JACKSON of 

Texas, and Mr. HERN) 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. 

1 Resolved, That Alejandro Nicholas Mayorkas, Sec2 retary of Homeland Security, is impeached for high crimes 

3 and misdemeanors and that the following article of im4 peachment be exhibited to the United States Senate: 

5 Article of impeachment exhibited by the House of 

6 Representatives of the United States of America in the 

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


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1 America, against Alejandro Nicholas Mayorkas, Secretary 

2 of Homeland Security, in maintenance and support of its 

3 impeachment against him for high crimes and mis4 demeanors. 

5 ARTICLE I.—Alejandro Nicholas Mayorkas, in his 

6 conduct while Secretary of Homeland Security, engaged 

7 in a pattern of conduct that is incompatible with his duties 

8 as an Officer of the United States, as follows: 

9 Secretary Mayorkas took an oath to defend and se10 cure our country and uphold the Constitution when he was 

11 sworn in as Secretary of Homeland Security on February 

12 2, 2021. Article II of the Constitution tasks the Executive 

13 Branch—which today includes the Secretary of Homeland 

14 Security—with ensuring the laws passed by Congress and 

15 signed into law by the President are faithfully executed. 

16 Secretary Mayorkas has failed to faithfully uphold his 

17 oath and has instead presided over a reckless abandon18 ment of border security and immigration enforcement, at 

19 the expense of the Constitution and the security of the 

20 United States. Secretary Mayorkas has violated, and con21 tinues to violate, this oath by failing to maintain oper22 ational control of the border and releasing hundreds of 

23 thousands of illegal aliens into the interior of the United 

24 States. 


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•HRES 89 IH 

1 Secretary Mayorkas has willfully refused to maintain 

2 operational control of the border as required by the Secure 

3 Fence Act of 2006. His actions have directly led to an 

4 increase in illegal aliens and illegal narcotics, including 

5 deadly fentanyl, entering the United States. 

6 The Secure Fence Act of 2006 (Public Law 109–367) 

7 requires the Secretary of Homeland Security to take all 

8 actions ‘‘necessary and appropriate to achieve and main9 tain operational control over the entire international land 

10 and maritime borders of the United States[.]’’. The Act 

11 defines ‘‘operational control’’ as the ‘‘prevention of all un12 lawful entries into the United States, including entries by 

13 terrorists, other unlawful aliens, instruments of terrorism, 

14 narcotics, and other contraband.’’. 

15 During the Trump Administration, the Department 

16 of Homeland Security constructed approximately 450 

17 miles of new and replacement border wall system; an addi18 tional 285 miles were either under construction or in the 

19 pre-construction phase at the end of the Trump Adminis20 tration in January 2021. Under Secretary Mayorkas’s di21 rection, the Department of Homeland Security terminated 

22 contracts for additional border wall construction despite 

23 funds being appropriated by Congress for this purpose. 

24 His decision has left key portions of the southern border 

25 unsecure and cost American taxpayers billions of dollars. 


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•HRES 89 IH 

1 Secretary Mayorkas has willfully violated the Immi2 gration and Nationality Act (8 U.S.C. 1101 et seq.) by 

3 releasing illegal aliens into the interior of the United 

4 States despite the plain language of the Act, which re5 quires the Secretary of Homeland Security to detain inad6 missible aliens arriving into the United States or aliens 

7 who are present in the United States without inspection 

8 while such aliens are processed under expedited removal 

9 or placed in removal proceedings. The Secretary of Home10 land Security does not have the option of simply releasing 

11 those aliens into the interior of the United States. 

12 Secretary Mayorkas reinstituted the catch and re13 lease policies of the Obama Administration and has even 

14 released inadmissible aliens into the interior of the United 

15 States without issuing the aliens a Notice To Appear for 

16 immigration proceedings. The Secretary is relying on the 

17 aliens to report on their own volition to U.S. Immigration 

18 and Customs Enforcement offices to be placed into re19 moval proceedings, a practice that violates the law and de20 fies logic and common sense. Department of Homeland 

21 Security data shows that over 80 percent of these released 

22 illegal aliens are failing to report to a U.S. Immigration 

23 and Customs Enforcement field office. This practice is in24 tentionally done to keep illegal aliens off of the immigraVerDate Sep 11 2014 00:17 Feb 02, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\HR89.IH HR89

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1 tion court docket and prolong their time in the United 

2 States unlawfully. 

3 On May 13, 2021, Secretary Mayorkas admitted dur4 ing testimony before the Senate Committee on Homeland 

5 Security and Governmental Affairs that U.S. Customs and 

6 Border Protection was releasing inadmissible aliens, whom 

7 the Department of Homeland Security is required to de8 tain, into the interior of the United States. This was an 

9 admission that under his direction, the Department of 

10 Homeland Security is violating the law. 

11 Secretary Mayorkas terminated the Migrant Protec12 tion Protocols, which provided a lawful avenue to consider 

13 claims and served as a deterrent to illegal immigration and 

14 aliens making fraudulent asylum claims. 

15 Secretary Mayorkas has even refused to tell aliens not 

16 to attempt to enter the United States illegally. During a 

17 White House press briefing on March 1, 2021, Secretary 

18 Mayorkas stated, ‘‘We are not saying, ‘Don’t come’.’’. 

19 As a result of Secretary Mayorkas’s actions and poli20 cies, the border and the country are less secure today than 

21 when he began serving as Secretary. U.S. Customs and 

22 Border Protection apprehensions have increased each 

23 month since he became Secretary. Since February 2021, 

24 over 4.28 million aliens have been apprehended by U.S. 

25 Customs and Border Protection personnel at the southVerDate Sep 11 2014 00:17 Feb 02, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\HR89.IH HR89

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1 west land border. This number does not include the in2 creasing number of ‘‘got aways’’, illegal aliens who have 

3 evaded Border Patrol, of which there have been estimated 

4 to be between 1,000–2,400 per day. Under Secretary 

5 Mayorkas, over 300,000 unaccompanied alien children 

6 have been trafficked to the border, and at least 1,300 ille7 gal aliens have died in attempted crossings. 

8 Secretary Mayorkas’s open border has left our Nation 

9 at greater risk of terrorism. In fiscal year 2022, 98 

10 known-suspected-terrorists were apprehended at the bor11 der, in addition to 9 apprehensions in the first month of 

12 fiscal year 2023. These record numbers, combined with 

13 a blatant disregard for national security vetting proce14 dures, are a failure to protect the American people. 

15 Under Secretary Mayorkas, tens of thousands of ille16 gal alien court cases were dismissed during fiscal year 

17 2022 after the Department of Homeland Security did not 

18 properly file notice to appear documents ahead of the 

19 scheduled court hearings. Secretary Mayorkas has also 

20 usurped the parole process, especially using humanitarian 

21 parole to bypass immigration law and ‘‘legally’’ admit 

22 aliens who intended to cross the border illegally. He has 

23 abused categorical parole, allowing unprecedented num24 bers of unvetted aliens (particularly Afghans, Ukrainians, 

25 and Venezuelans) to enter the United States, effectively 


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1 disregarding Congressional enforcement measures and en2 couraging further illegal immigration. 

3 In addition to increasing the number of illegal aliens, 

4 Secretary Mayorkas’s policies have led to a significant in5 crease in illegal drug smuggling across the southern bor6 der. In just 2 months of fiscal year 2023, more deadly 

7 fentanyl has been seized at the border than the entire 

8 amount in any year on record before. The 14,700 pounds 

9 seized at the border in fiscal year 2022 is enough to kill 

10 every American 10 times over. As a result of this, fentanyl 

11 is now the leading cause of death among people 18–45, 

12 and opioid deaths are at an all-time high across our Na13 tion. 

14 The actions of Secretary Mayorkas have made the 

15 border less secure and encouraged aliens to enter the 

16 United States illegally, instead of taking actions to main17 tain operational control of the border. His actions have 

18 subverted the will of Congress and the core tenants of the 

19 Constitution. 

20 Wherefore, Alejandro Nicholas Mayorkas, by such 

21 conduct, warrants impeachment and trial, and removal 

22 from office. 

Æ 


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