III 

118TH CONGRESS 

1ST SESSION S. RES. 169 

Expressing the sense of the Senate that Secretary of Homeland Security 

Alejandro Nicholas Mayorkas does not have the confidence of the Senate 

or of the American people to faithfully carry out the duties of his 

office. 

IN THE SENATE OF THE UNITED STATES 

APRIL 20, 2023 

Mr. MARSHALL (for himself, Mr. BRAUN, Mr. CRAPO, Mr. CRUZ, Mr. 

HAWLEY, Mr. RISCH, Mr. SCOTT of Florida, Mr. SCHMITT, Mr. JOHNSON, Ms. LUMMIS, Mr. LEE, Mr. RUBIO, Mr. VANCE, Mrs. BLACKBURN, 

and Mr. BUDD) submitted the following resolution; which was referred to 

the Committee on Homeland Security and Governmental Affairs 

RESOLUTION 

Expressing the sense of the Senate that Secretary of Homeland Security Alejandro Nicholas Mayorkas does not have 

the confidence of the Senate or of the American people 

to faithfully carry out the duties of his office. 

Whereas, while serving as Secretary of Homeland Security, 

Alejandro Nicholas Mayorkas, in violation of his constitutional oath, has engaged in a pattern of conduct that is 

incompatible with his constitutional and statutory duties 

as Secretary of Homeland Security, including by— 

(1) failing to ‘‘take all actions the Secretary determines necessary and appropriate to achieve and maintain 

operational control over the entire international land and 


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•SRES 169 IS 

maritime borders of the United States’’, as required 

under section 2(a) of the Secure Fence Act of 2006 (8 

U.S.C. 1701 note), which includes ‘‘the prevention of all 

unlawful entries into the United States, including entries 

by terrorists, other unlawful aliens, instruments of terrorism, narcotics, and other contraband’’, as evidenced 

by— 

(A) more than 5,500,000 illegal aliens crossing 

the United States southern border during Secretary 

Mayorkas’ term in office, including aliens encountered by U.S. Customs and Border Protection and 

known got-aways, and 20 consecutive months with 

more than 150,000 illegal border crossings; 

(B) the apprehension of 98 individuals that 

match records within the Terrorist Screening Database at the southern border during fiscal year 2022, 

which is more such apprehensions than occurred 

during the previous 5 years combined, and the apprehension of 80 such individuals during fiscal year 

2023 to date, which may lead to a higher rate of apprehensions of such individuals during fiscal year 

2023 than took place during fiscal year 2022; and 

(C) the failure of the Department of Homeland 

Security, under the leadership of Secretary 

Mayorkas, to comply with provisions of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), 

which require the detention of inadmissible aliens arriving in the United States or aliens who are physically present in the United States without inspection until processed, and the implementation by Secretary Mayorkas of unlawful and misguided catchand-release directives, such as the Notice to Report 

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tion process, which have resulted in the reckless release of more than 1,000,000 illegal aliens into the 

interior of the United States; and 

(2) gravely endangering the national security of the 

United States, undermining the operational control of our 

southern border, and encouraging illegal immigration 

by— 

(A) terminating contracts for additional border 

wall construction for which Congress appropriated 

funding; and 

(B) issuing memoranda rescinding the Migrant 

Protection Protocols (commonly known as ‘‘Remain 

in Mexico’’), which was an indispensable tool to address the border crisis and restore integrity to the 

immigration system; 

Whereas Secretary Mayorkas, in the memorandum announcing the termination of the Migrant Protection Protocols 

program (MPP) on June 1, 2021, acknowledged, ‘‘some 

removal proceedings conducted pursuant to MPP were 

completed more expeditiously than is typical for non-detained cases’’; 

Whereas Federal authorities seized more than 14,000 pounds 

of illicit fentanyl along the southwest border during fiscal 

year 2022 and 13,800 pounds of illicit fentanyl during 

fiscal year 2023 to date, which is evidence of increased 

efforts by transnational criminal organizations to traffic 

dangerous substances into the United States; 

Whereas, according to the Centers for Disease Control and 

Prevention, more than 107,000 Americans died of drug 

overdoses in 2021, which exceeds the number of such 

deaths in any previous year, and 2⁄3 of such deaths were 

caused by synthetic opioids (primarily fentanyl); 


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•SRES 169 IS 

Whereas, under the leadership of Secretary Mayorkas, the 

Department of Homeland Security formally opposed efforts to keep in place the order of suspension issued by 

the Director of the Centers for Disease Control and Prevention under section 362 of the Public Health Service 

Act (42 U.S.C. 265) as a result of the public health 

emergency relating to the COVID–19 pandemic (commonly known as the ‘‘title 42 order’’) in order to prevent 

a crisis on the southern border; 

Whereas with the termination of the title 42 order, the Department of Homeland Security is planning to reroute 

asylum and parole applicants through the CBP One mobile application and formal parole programs in order to 

obscure border encounter numbers; 

Whereas on multiple occasions while serving as Secretary of 

Homeland Security, Alejandro Nicholas Mayorkas, in violation of his constitutional oath, has willfully provided 

perjurious, or false and misleading testimony to Congress, including— 

(1) on April 28, 2022, during a hearing of the Committee on the Judiciary of the House of Representatives, 

by responding to Congressman Chip Roy’s question, 

‘‘Will you testify under oath that we have operational 

control of the border?’’, with ‘‘Yes we do’’, despite the 

fact that, the term ‘‘operational control’’ has been defined in law as ‘‘the prevention of all unlawful entries 

into the United States, including entries by terrorists, 

other unlawful aliens, instruments of terrorism, narcotics, 

and other contraband’’; and 

(2) on November 15, 2022, during a hearing of the 

Committee on Homeland Security of the House of Representatives, by responding to Congressman Dan 


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Bishop’s question, ‘‘Do you continue to maintain that the 

border is secure?’’, with ‘‘Yes, and we are working day 

in and day out to enhance security, Congressman.’’; 

Whereas section 1621 of title 18, United States Code, clearly 

states that anyone under oath who ‘‘willfully and contrary to such oath states or subscribes any material matter which he does not believe to be true’’ is guilty of perjury and shall be fined or imprisoned not more than 5 

years, or both; 

Whereas the record-breaking number of illegal alien encounters, including more 1,000,000 known ‘‘got-aways’’, and 

the record seizures of deadly fentanyl and other contraband, confirm that Secretary Mayorkas has not taken all 

actions necessary to ensure operational control of the 

southern border, as required by law; 

Whereas U.S. Border Patrol Chief Raul Ortiz, in a field hearing before the Committee on Homeland Security of the 

House of Representatives, stated that U.S. Border Patrol 

does not have operational control of the border, which directly contradicts Secretary Mayorkas’ April 2022 testimony to the Committee on the Judiciary of the House of 

Representatives; 

Whereas, in September 2021, while Alejandro Nicholas 

Mayorkas was serving as Secretary of Homeland Security— 

(1) approximately 15,000 Haitian migrants crossed 

the border from Mexico into the United States and were 

concentrated in an encampment underneath the international bridge between Mexico and the Del Rio, Texas, 

Port of Entry and in surrounding areas; 

(2) mounted Border Patrol agents and troopers with 

the Texas Department of Public Safety dispersed a large 


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group of migrants gathered near a boat ramp located in 

the United States along the Rio Grande River, approximately 500 yards east of the Del Rio Port of Entry and 

then attempted to stop the flow of all migrants illegally 

crossing the Rio Grande River into the United States at 

that location; 

(3) within hours of the incident described in paragraph (2)— 

(A) images and video surfaced on social media 

that showed multiple Border Patrol agents on horseback using their horses to keep several illegal immigrants from entering the United States after crossing the Rio Grande in Del Rio, Texas; 

(B) extremist liberal activists rushed to judgement and falsely accused the agents of whipping the 

illegal immigrants with their horse reins, in spite of 

a statement by the photographer that the pictures 

were misconstrued as showing abusive behavior; and 

(C) some activists made the disgusting false 

equivalency to slavery; and 

(4) Secretary Mayorkas, after Assistant Secretary of 

Homeland Security for Public Affairs Marsha Espinosa 

emailed to him a news article explaining that the photographer who took the images did not see the agents whipping anyone— 

(A) misled the general public by publicly supporting the Biden administration’s false narrative 

that Border Patrol agents whipped Haitian migrants; and 

(B) participated in a White House press conference during which he publicly and falsely slandered the Border Patrol agents referred to in paraVerDate Sep 11 2014 23:09 Apr 20, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6300 E:\BILLS\SR169.IS SR169

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graph (2), calling the images ‘‘horrifying’’ and an 

example of ‘‘systemic racism’’; 

Whereas a 511-page report by the U.S. Customs and Border 

Protection’s Office of Personal Responsibility found ‘‘no 

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

their reins’’; 

Whereas the National Border Patrol Council, which is the 

labor union representing Border Patrol agents and support staff, is considering supporting the impeachment of 

Secretary Mayorkas; 

Whereas the actions of Secretary Mayorkas’ department have 

encouraged foreign nationals to attempt to illegally enter 

the United States at historic levels, as evidenced by 

251,012 enforcement encounters along the southern border in December 2022, which is the highest number of 

encounters ever recorded in a single month; 

Whereas a major component of these failed immigration enforcement policies is the Department of Homeland Security’s disregard for its responsibility to enforce Federal 

immigration laws, including Secretary Mayorkas’ abuse 

of discretion in granting humanitarian parole, which, according to section 212(d)(5)(A) of the Immigration and 

Nationality Act (8 U.S.C. 1182(d)(5)(A), is only to be 

used on a ‘‘case-by-case basis for urgent humanitarian 

reasons or significant public benefit’’, and has been used 

by Secretary Mayorkas’ department to grant parole en 

masse on multiple occasions, including new ‘‘Processes 

for Cubans, Haitians, Nicaraguans, and Venezuelans’’, 

which was announced in October 2022 and expanded in 

January 2023; 


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Whereas the policies of the Department of Homeland Security, under the leadership of Secretary Mayorkas, have 

encouraged increased numbers of unaccompanied migrant 

children to enter the United States during the 2-year period immediately preceding the date on which this resolution was introduced, with large numbers of such children 

revealed by the New York Times to have been forced into 

dangerous jobs in violations of child labor laws; 

Whereas, on March 28, 2023, Ranking Member Senator 

Lindsey Graham, during a hearing of the Committee on 

the Judiciary of the Senate, pointed out that under Secretary Mayorkas’ watch— 

(1) the southern border of the United States ‘‘has 

gone from the lowest illegal crossings in December 2020 

to all-time highs with over 2,000,000 last fiscal year’’; 

(2) ‘‘fentanyl is coming in at a pace we have never 

seen’’; and 

(3) ‘‘more terrorists on the watch list are coming 

than any time since we’ve been measuring these things’’; 

Whereas, during the same hearing, Senator Josh Hawley— 

(1) compared the CBP One mobile application used 

to schedule appointments and request humanitarian parole and asylum to ‘‘a concierge service for illegal immigrants’’; 

(2) commented to Secretary Mayorkas, ‘‘rather than 

building a wall, Mr. Secretary, you have built 

Ticketmaster for illegal immigrants’’; and 

Whereas during the same hearing— 

(1) Secretary Mayorkas told Senator Ted Cruz that 

he did not recognize wristbands abandoned along the border, which cartels commonly use for human smuggling 

and trafficking and which act as a sort of registration 


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system, with different colors and patterns denoting the 

cartel responsible, how many times a person has attempted to cross, and how much they owe to the cartel; 

and 

(2) Senator Cruz replied in frustration to Senator 

Mayorkas by calling him incompetent and telling him, ‘‘If 

you had integrity, you would resign.’’: 

Now, therefore, be it 

1 Resolved, 

2 That it is the sense of the Senate that Secretary 

3 Alejandro Nicholas Mayorkas no longer holds the con4 fidence of the Senate or of the American people to faith5 fully carry out his duties as Secretary of Homeland Secu6 rity. 

Æ 


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