IV 

118TH CONGRESS 

1ST SESSION H. RES. 8 

Impeaching Alejandro Nicholas Mayorkas, Secretary of Homeland Security, 

for high crimes and misdemeanors. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 9, 2023 

Mr. FALLON 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 articles of im4 peachment be exhibited to the United States Senate: 

5 Articles 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 

8 America, against Alejandro Nicholas Mayorkas, Secretary 

9 of Homeland Security, in maintenance and support of its 


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1 impeachment against him for high crimes and mis2 demeanors. 

3 ARTICLE I.—In his conduct while Secretary of Home4 land Security of the United States, Alejandro Nicholas 

5 Mayorkas, in violation of his constitutional oath, engaged 

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

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

8 Article II of the Constitution tasks the Executive 

9 branch, which today includes the Secretary of Homeland 

10 Security, with ensuring the laws passed by Congress and 

11 signed into law by the President are faithfully executed. 

12 Specifically, the Secure the Fence Act of 2006 (Public 

13 Law 109–367) requires the Secretary of Homeland Secu14 rity to ‘‘maintain operational control over the entire inter15 national land and maritime borders of the United States’’. 

16 The term ‘‘operational control’’ is defined as ‘‘the 

17 prevention of all unlawful entries into the United States, 

18 including entries by terrorists, other unlawful aliens, in19 struments of terrorism, narcotics, and other contraband’’. 

20 Over 5,500,000 illegal aliens have crossed our south21 ern border under the leadership of Secretary Mayorkas. 

22 There have now been 20 straight months with over 

23 150,000 illegal border crossings. Secretary Mayorkas has 

24 presided over a 180-percent increase in encounters at the 

25 southern border compared to the previous administration. 


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1 In fiscal year 2022, 98 individuals on the Terrorist 

2 Screening Database (TSDB) were apprehended at the 

3 southern border, more than during the previous 5 years 

4 combined. In total, more than 100 individuals on the 

5 TSDB have been apprehended under Secretary Mayorkas. 

6 Under Secretary Mayorkas, more fentanyl has 

7 crossed the border in the last 2 months than in all of fiscal 

8 year 2019 under President Trump’s leadership. In fiscal 

9 year 2022, over 14,000 pounds of poisonous fentanyl was 

10 seized at the southern border. Fentanyl overdoses are the 

11 number one cause of death for individuals ages 18 to 45 

12 nationwide. 

13 Under Secretary Mayorkas, the Department of 

14 Homeland Security is also in violation the Immigration 

15 and Nationality Act (8 U.S.C. 1101 et seq.). This Act re16 quires the Department of Homeland Security to detain in17 admissible aliens arriving in the United States or aliens 

18 who are present in the United States without inspection 

19 until processed. In violation of the law, Secretary 

20 Mayorkas implemented catch-and-release directives such 

21 as the Notice to Report process and the parole plus Alter22 natives to Detention process. Through these misguided 

23 programs, over 1,000,000 illegal aliens have been reck24 lessly released into the interior of the United States. 


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1 Secretary Mayorkas has undermined the operational 

2 control of our southern border and encouraged illegal im3 migration by doing the following: 

4 (1) Terminating contracts for additional border 

5 wall construction, in contradiction of Congressional 

6 appropriations. 

7 (2) Ending the Migrant Protection Protocols, 

8 also known as ‘‘Remain in Mexico’’, which was an 

9 indispensable tool to address the border crisis and 

10 restore integrity to the immigration system. 

11 (3) Attempting to eliminate title 42 authority, 

12 a critical tool enabling the U.S. Customs and Border 

13 Protection to quickly expel illegal aliens. 

14 Secretary Mayorkas has violated the law and gravely 

15 endangered the national security of the United States 

16 through these actions. 

17 Wherefore, Alejandro Nicholas Mayorkas, by such 

18 conduct, warrants impeachment, trial, removal from of19 fice, and disqualification to hold and enjoy any office of 

20 honor, trust, or profit within the United States Federal 

21 Government. 

22 ARTICLE II.—In his conduct while Secretary of 

23 Homeland Security of the United States, Alejandro Nich24 olas Mayorkas, in violation of his constitutional oath, willVerDate Sep 11 2014 19:53 Jan 10, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\HR8.IH HR8

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1 fully provided perjurious, false, and misleading testimony 

2 to Congress, as follows: 

3 On April 28, 2022, during a House Judiciary Com4 mittee hearing, Congressman Chip Roy of Texas asked 

5 Secretary Mayorkas, ‘‘Will you testify under oath that we 

6 have operational control of the border?’’. 

7 Under oath, Secretary Mayorkas responded, ‘‘Yes we 

8 do’’. 

9 On November 15, 2022, during a House Homeland 

10 Security Committee hearing, Congressman Dan Bishop of 

11 North Carolina asked, ‘‘Secretary Mayorkas, do you con12 tinue to maintain that the border is secure?’’. 

13 Under oath, Secretary Mayorkas responded, ‘‘Yes, 

14 and we are working day in and day out to enhance secu15 rity, Congressman’’. 

16 As previously described, the term ‘‘operational con17 trol’’ is defined as ‘‘the prevention of all unlawful entries 

18 into the United States, including entries by terrorists, 

19 other unlawful aliens, instruments of terrorism, narcotics, 

20 and other contraband’’. 

21 Section 1621 of title 18, United States Code, stipu22 lates that anyone who ‘‘willfully and contrary to such oath 

23 states or subscribes any material matter which he does 

24 not believe to be true’’ is guilty of perjury and shall be 

25 fined or imprisoned up to 5 years, or both. 


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1 The record-breaking number of illegal alien encoun2 ters, including over 1,000,000 known ‘‘gotaways’’, as well 

3 as the record seizures of deadly fentanyl and other contra4 band, prove that Secretary Mayorkas has not ensured 

5 operational control of the southern border. 

6 Secretary Mayorkas clearly committed perjury on 

7 multiple occasions before Congress. 

8 Wherefore, Alejandro Nicholas Mayorkas, by such 

9 conduct, warrants impeachment, trial, removal from of10 fice, and disqualification to hold and enjoy any office of 

11 honor, trust, or profit under the United States. 

12 ARTICLE III.—In his conduct while Secretary of 

13 Homeland Security of the United States, Alejandro Nich14 olas Mayorkas knowingly slandered his own hardworking 

15 Border Patrol agents and mislead the general public, as 

16 follows: 

17 On September 19, 2021, approximately 15,000 Hai18 tian migrants had crossed the border from Mexico into 

19 the United States and were concentrated in an encamp20 ment underneath the international bridge from Mexico to 

21 the Del Rio, Texas, Port of Entry (POE), and sur22 rounding areas. 

23 Mounted Border Patrol agents and troopers with the 

24 Texas Department of Public Safety (TXDPS) dispersed 

25 a large group of migrants gathered near a boat ramp loVerDate Sep 11 2014 19:53 Jan 10, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\HR8.IH HR8

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1 cated along the side of the United States of the Rio 

2 Grande River, approximately three-tenths of a mile east 

3 of the Del Rio POE. They then attempted to stop the flow 

4 of all migrants illegally crossing the river into the United 

5 States at that location. 

6 Within hours of the incident, images and video sur7 faced on social media that showed multiple Border Patrol 

8 agents on horseback using their horses to keep several ille9 gal immigrants from entering the United States after 

10 crossing the Rio Grande in Del Rio, Texas. 

11 Extremist liberal activists rushed to judgement and 

12 falsely accused the agents of ‘‘whipping’’ the illegal immi13 grants with their horse reins. Some went so far as to make 

14 the disgusting false equivalency to slavery. 

15 President Joe Biden publicly repeated the slanderous 

16 claim saying ‘‘To see people treated like they did . . . peo17 ple being strapped–it’s outrageous. I promise you, those 

18 people will pay’’. 

19 Vice President Kamala Harris said ‘‘Human beings 

20 should not be treated that way, and as we all know, it 

21 also evoked images of some of the worst moments of our 

22 history where that kind of behavior has been used against 

23 the indigenous people of our country, has been used 

24 against African Americans during times of slavery’’. 


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1 Secretary Mayorkas supported the Biden administra2 tion’s false narrative that Border Patrol agents whipped 

3 Haitian migrants, even after he had been alerted by subor4 dinates the narrative was false. 

5 On September 24, 2021, the Department of Home6 land Security Assistant Secretary for Public Affairs, Mar7 sha Espinosa, emailed Secretary Mayorkas a news article 

8 that said the photographer who took the images did not 

9 see the agents whipping anyone. 

10 That same day, Secretary Mayorkas participated in 

11 a White House press conference during which he publicly 

12 and falsely slandered these agents. Secretary Mayorkas 

13 called the images ‘‘horrifying’’ and an example of ‘‘sys14 temic racism’’. 

15 A 511-page report by the U.S. Customs and Border 

16 Protection’s Office of Personal Responsibility found ‘‘no 

17 evidence that [Border Patrol agents] involved in this inci18 dent struck, intentionally or otherwise, any migrant with 

19 their reins’’. 

20 Secretary Mayorkas slandered his own Border Patrol 

21 agents and TXDPS Troopers involved in this incident, 

22 contributing to a further decrease in already-low morale 

23 among agents. 

24 Wherefore, Alejandro Nicholas Mayorkas, by such 

25 conduct, warrants impeachment, trial, removal from ofVerDate Sep 11 2014 19:53 Jan 10, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\HR8.IH HR8

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1 fice, and disqualification to hold and enjoy any office of 

2 honor, trust, or profit under the United States. 

Æ 


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