IV 

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. 

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 


dmwilson on DSKJM0X7X2PROD with BILLS
2 

•HRES 863 IH 

1 impeachment against him for high crimes and mis2 demeanors. 

3 ARTICLE I

4

5 Rather than adhering to an oath he took to defend 

6 and secure our country and uphold the Constitution when 

7 he was sworn in as Secretary of Homeland Security, 

8 Alejandro Nicholas Mayorkas has engaged in a pattern of 

9 conduct that is incompatible with the laws of the United 

10 States, as follows: 

11 Article II of the Constitution requires that the Execu12 tive branch, which today includes the Secretary of Home13 land Security, ensure the laws passed by Congress and 

14 signed into law by the President are faithfully executed. 

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

16 requires that the Secretary of Homeland Security ‘‘main17 tain operational control over the entire international land 

18 and maritime borders of the United States’’. 

19 In his willful admittance of border crossers, terror20 ists, human traffickers, drugs, and other contraband, 

21 Alejandro Nicholas Mayorkas has failed to maintain oper22 ational control of the border, thereby violating the Secure 

23 Fence Act of 2006. 

24 The Guarantee Clause set forth in article IV, section 

25 4 of the Constitution dictates, ‘‘The United States shall 

26 guarantee to every State in this Union a Republican Form 


dmwilson on DSKJM0X7X2PROD with BILLS
3 

•HRES 863 IH 

1 of Government, and shall protect each of them against In2 vasion; and on Application of the Legislature, or of the 

3 Executive (when the Legislature cannot be convened) 

4 against domestic Violence’’. 

5 The Guarantee Clause clearly dictates that the Fed6 eral Government has a constitutional duty and obligation 

7 to protect each of the States from invasion. As Secretary 

8 of the Department of Homeland Secretary, Alejandro 

9 Mayorkas, has violated his oath to uphold this constitu10 tional duty by allowing the invasion of approximately 

11 10,000,000 illegals across our borders. The ongoing inva12 sion at our southern border is a direct national security 

13 threat against the States and against the citizens therein. 

14 Secretary Mayorkas has willfully abandoned his duty to 

15 secure the border and protect States against invasion, 

16 thereby violating article IV, section 4 of the Constitution. 

17 To wit, since Mayorkas has headed the Department 

18 of Homeland Security, there have been— 

19 (1) approximately 10,000,000 illegal border 

20 crosser who have invaded our country at our border, 

21 this is broken down between 8,000,000 encounters 

22 and approximately 1,800,000 known ‘‘gotaways’’ 

23 who have evaded United States authorities and are 

24 roaming the interior of the United States; 


dmwilson on DSKJM0X7X2PROD with BILLS
4 

•HRES 863 IH 

1 (2) at least 280 people on terrorist watchlists 

2 caught while attempting to cross the border between 

3 ports of entry; 

4 (3) approximately 400,000 unaccompanied ille5 gal children encountered at the southern border, 

6 with at least 85,000 of these children having gone 

7 missing; 

8 (4) at least 1,424 deaths of illegals at the 

9 southern border; 

10 (5) approximately 73,000 ‘‘special interest 

11 aliens’’ arrested at our border, which are aliens from 

12 a nation that promotes terrorist activity, harbors 

13 terrorists, or poses a security threat to the United 

14 States, this is the number arrested at the border, 

15 not counting however many of the 1,800,000 known 

16 ‘‘gotaways’’ are special interest aliens; 

17 (6) approximately 659 special interest aliens 

18 from Iran; 

19 (7) approximately 6,386 special interest aliens 

20 from Afghanistan; 

21 (8) approximately 538 special interest aliens 

22 from Syria; 

23 (9) approximately 3,153 special interest aliens 

24 from Egypt; 


dmwilson on DSKJM0X7X2PROD with BILLS
5 

•HRES 863 IH 

1 (10) approximately 12,624 special interest 

2 aliens from Uzbekistan; 

3 (11) approximately 30,830 special interest 

4 aliens from Turkey; 

5 (12) approximately 1,613 special interest aliens 

6 from Pakistan; 

7 (13) approximately 164 special interest aliens 

8 from Lebanon; 

9 (14) approximately 185 special interest aliens 

10 from Jordan; 

11 (15) approximately 123 special interest aliens 

12 from Iraq; and 

13 (16) approximately 15,594 special interest 

14 aliens from Mauritania. 

15 In fiscal year 2021, Customs and Border Patrol 

16 (CBP) seized approximately 11,200 pounds of fentanyl. 

17 In fiscal year 2022, CBP seized approximately 14,700 

18 pounds of fentanyl. In fiscal year 2023, CBP has seized 

19 a record of approximately 27,000 pounds of fentanyl. Over 

20 70,000 Americans died from fentanyl in fiscal year 2022. 

21 Fentanyl is now the number one killer of Americans be22 tween the ages of 18 and 45. Fentanyl kills approximately 

23 300 Americans a day. This is the amount of fentanyl that 

24 has been seized at the border, yet 300 Americans are still 


dmwilson on DSKJM0X7X2PROD with BILLS
6 

•HRES 863 IH 

1 being killed by fentanyl poisoning every day. The amount 

2 of unseized fentanyl has not even been taken into account. 

3 The Constitution also requires the Secretary of 

4 Homeland Security to observe the Immigration and Na5 tionality Act (8 U.S.C. 1101 et seq.). This law requires 

6 Homeland Security to detain inadmissible aliens arriving 

7 in the United States or illegal aliens presently in the 

8 United States. Instead, the Department of Homeland Se9 curity, under Secretary Mayorkas, has practiced catch and 

10 release policies, whereby illegals are detained, but then re11 leased, without any mechanism to ensure they show up 

12 to court for processing. 

13 By terminating contracts for border wall construc14 tion, ending the Migrant Protection Protocols (Remain in 

15 Mexico), unlawfully granting categorical parole, and being 

16 complicit in ending title 42, Mayorkas has made it easier 

17 for illegal people and drugs to enter the United States, 

18 endangering American citizens, and has made it harder 

19 for CBP to expel such threats. 

20 Alejandro Nicholas Mayorkas, in his inability to en21 force the law, has engaged in a pattern of conduct that 

22 is incompatible with his duties as a civil officer of the 

23 United States. 

24 Alejandro Nicholas Mayorkas, in his failure to uphold 

25 the oath he took, has, by his actions, lost the trust of citiVerDate Sep 11 2014 02:49 Nov 14, 2023 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\HR863.IH HR863

dmwilson on DSKJM0X7X2PROD with BILLS
7 

•HRES 863 IH 

1 zens of the United States to faithfully execute the laws 

2 of the United States. 

3 Wherefore, Alejandro Nicholas Mayorkas, thus war4 rants impeachment and trial, removal from office, and dis5 qualification to hold and enjoy any office of honor, trust, 

6 or profit under the United States. 

Æ 


dmwilson on DSKJM0X7X2PROD with BILLS