IV 
117TH CONGRESS 
1ST SESSION 
H. RES. 493 
Expressing disapproval of the failure to uphold the constitutional duty to 
‘‘take Care that the Laws be faithfully executed’’ and the usurpation 
of the legislative authority of Congress by the President of the United 
States. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 23, 2021 
Mrs. BOEBERT (for herself, Mr. POSEY, Mr. BISHOP of North Carolina, Mr. 
DUNCAN, Mr. JACKSON, Mr. GOHMERT, Mr. HICE of Georgia, Mr. GOOD 
of Virginia, Mr. GRIFFITH, Mr. MOORE of Alabama, Mr. CAWTHORN, Mr. 
BIGGS, Mr. GAETZ, Mr. FALLON, Mr. MASSIE, Mr. NEHLS, Mr. GOSAR, 
Mr. MOONEY, Mr. NORMAN, Mrs. HARSHBARGER, Mr. GOODEN of Texas, 
Mr. WEBER of Texas, Mrs. GREENE of Georgia, and Mr. ROY) submitted 
the following resolution; which was referred to the Committee on the Ju-
diciary, and in addition to the Committee on Homeland Security, for a 
period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
RESOLUTION 
Expressing disapproval of the failure to uphold the constitu-
tional duty to ‘‘take Care that the Laws be faithfully 
executed’’ and the usurpation of the legislative authority 
of Congress by the President of the United States. 
Whereas article I of the United States Constitution vests 
Congress with all legislative powers; 
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Whereas article I, section 8, clause 4 of the Constitution 
grants Congress clear jurisdiction with regard to citizen-
ship and immigration matters; 
Whereas article II, section 3 of the United States Constitu-
tion imposes a duty on the President to ‘‘take Care that 
the Laws be faithfully executed’’; 
Whereas the Constitution does not delegate authority to the 
President to rewrite or amend constitutionally enacted 
laws; 
Whereas President George Washington explained the Con-
stitution’s Take Care Clause as follows: ‘‘It is my duty 
to see the Laws executed: to permit them to be trampled 
with impunity would be repugnant to’’ that duty; 
Whereas James Madison wrote in The Federalist No. 47 that 
the ‘‘accumulation of all powers, legislative, executive and 
judiciary, in the same hands, whether of one, a few, or 
many, and whether hereditary, self-appointed, or elective, 
may justly be pronounced the very definition of tyranny’’; 
Whereas 
the 
text 
of 
sections 
235(b)(1)(B)(iii), 
235(b)(1)(B)(iii)(IV), 235(b)(2)(A), and 239(a)(1) of the 
Immigration and Nationality Act requires detaining inad-
missible aliens and issuing Notices to Appear; 
Whereas it is the duty of the President of the United States 
to ensure the faithful execution of the immigration laws 
of the United States and enforce all provisions of the Im-
migration and Nationality Act mandating removal of in-
admissible or removable aliens; 
Whereas the Department of Homeland Security (hereafter 
DHS) has entered into more than 100 agreements under 
section 287(g) of the Immigration and Nationality Act (8 
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U.S.C. 1357(g)) with State and local law enforcement 
agencies; 
Whereas DHS entered into a Memorandum of Understanding 
on January 8, 2021, with the State of Texas; in which 
DHS agreed to ‘‘consult with Texas before taking any ac-
tion or making any decision that would reduce immigra-
tion enforcement,’’ including pausing or decreasing de-
portations; 
Whereas the agreement required DHS to provide 180 days’ 
notice of any proposed action to reduce immigration en-
forcement; 
Whereas, on January 20, 2021, the President’s administra-
tion unilaterally ordered a ‘‘100-day pause’’ on the re-
moval of any alien with a final order of removal pending 
DHS review; 
Whereas the U.S. District Court for the Southern District of 
Texas initially issued a Temporary Restraining Order 
against the President’s ‘‘100-day pause’’; 
Whereas the Court stated the statute ‘‘does not imply total 
discretion to pause or suspend a statutory mandate’’; 
Whereas the same Court followed with a preliminary injunc-
tion pending a final ruling; 
Whereas the ‘‘100-day pause’’ would suspend action against 
more than 1 million aliens subject to final orders of re-
moval; 
Whereas in 2015 the U.S. Court of Appeals for the Fifth Cir-
cuit held the Obama Administration’s planned expansion 
of its Deferred Action for Childhood Arrivals (DACA) 
program to cover a broad category of persons was unlaw-
ful; 
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Whereas in 2018 the U.S. District Court for the Southern 
District of Texas during a hearing challenging the legal-
ity of DACA stated that DACA was likely unlawful and 
that DHS may defer removal in specific cases and that 
exercising discretion to a large class of aliens contravenes 
the INA’s statutory scheme; 
Whereas, on January 20, 2021, the President issued a 
Memorandum for the Attorney General and Secretary of 
Homeland Security ‘‘to preserve and fortify DACA’’; 
Whereas in January 2020, the nonpartisan Government Ac-
countability Office (GAO) issued a legal opinion finding 
‘‘faithful execution of the law does not permit the Presi-
dent to substitute his own policy priorities for those that 
Congress has enacted into law’’; 
Whereas GAO found further that the previous administra-
tion’s temporary withholding of foreign aid funds was not 
permitted under the Impoundment Control Act; 
Whereas President Biden may have violated the Impound-
ment Control Act, in directing that no funds Congress 
had appropriated to build the border wall would be spent 
on building the wall; 
Whereas, on February 5, 2021, the President suspended 
agreements with certain Central American countries re-
sulting in a massive surge of people at the southern bor-
der claiming asylum; 
Whereas, on February 18, 2021, the President began allow-
ing criminal aliens with felony records to remain in the 
United States; 
Whereas the President threatens to ensure an immigration 
crisis continues at the southern border by offering am-
nesty to millions of illegal aliens; 
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Whereas more than 180,000 illegal immigrants were appre-
hended by Border Patrol in May 2021; 
Whereas one year ago under President Trump, there were 
1,400 unaccompanied minors in Department of Health 
and Human Services custody, and now under President 
Biden there are 22,000; 
Whereas Alejandro Mayorkas took an oath to defend and se-
cure our country and uphold the U.S. Constitution when 
he was sworn in as Secretary of the Department of 
Homeland Security on February 2; 
Whereas in more than four months, Secretary Mayorkas has 
failed to faithfully uphold his oath and has instead pre-
sided over a reckless abandonment of border security and 
immigration law enforcement, at the expense of the U.S. 
Constitution and security of the United States; and 
Whereas the President has endangered the America people: 
Now, therefore, be it 
Resolved, That the House of Representatives— 
(1) calls on the President to remove Alejandro 
Mayorkas as Secretary of the Department of Home-
land Security and replace him with leadership that 
will prioritize the security of the United States and 
faithfully enforce the laws enacted by Congress; 
(2) disapproves of the President’s usurpation of 
the legislative power of Congress in his withholding 
of duly appropriated funding for the southern border 
wall; 
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(3) calls on the President to employ all lawful 
means to enforce the immigration laws of the United 
States; 
(4) calls on the President to ensure the faithful 
execution of the immigration laws of the United 
States; 
(5) reaffirms that the preservation of the Con-
stitution’s separation of powers is essential for the 
protection of individual liberty and the maintenance 
of the rule of law; and 
(6) censures the President for his failure to 
‘‘take Care that the Laws be faithfully executed’’ as 
required by the Constitution. 
Æ 
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