IV 
117TH CONGRESS 
1ST SESSION 
H. RES. 582 
Impeaching Alejandro Nicholas Mayorkas, Secretary of Homeland Security, 
for high crimes and misdemeanors. 
IN THE HOUSE OF REPRESENTATIVES 
AUGUST 10, 2021 
Mr. BIGGS (for himself, Mr. HICE of Georgia, Mrs. MILLER of Illinois, Mrs. 
GREENE of Georgia, Mrs. BOEBERT, Mr. NORMAN, Mr. GOHMERT, Mr. 
GOOD of Virginia, Mr. ROSENDALE, Mr. PERRY, Mr. GOSAR, and Mr. 
GAETZ) 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. 
Resolved, That Alejandro Nicholas Mayorkas, Sec-
retary of Homeland Security, is impeached for high crimes 
and misdemeanors and that the following articles of im-
peachment be exhibited to the United States Senate: 
Articles of impeachment exhibited by the House of 
Representatives of the United States of America in the 
name of itself and of the people of the United States of 
America, against Alejandro Nicholas Mayorkas, Secretary 
of Homeland Security, in maintenance and support of its 
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impeachment against him for high crimes and mis-
demeanors. 
ARTICLE I 
Alejandro Nicholas Mayorkas, in his conduct while 
Secretary of Homeland Security, engaged in a pattern of 
conduct that is incompatible with his duties as an Officer 
of the United States, as follows: 
Secretary Mayorkas took an oath to defend and se-
cure our country and uphold the Constitution when he was 
sworn in as Secretary of Homeland Security on February 
2, 2021. Article II of the U.S. Constitution tasks the Ex-
ecutive branch—which today includes the Secretary of 
Homeland Security—with ensuring the laws passed by 
Congress and signed into law by the President are faith-
fully executed. 
Secretary Mayorkas has failed to faithfully uphold his 
oath and has instead presided over a reckless abandon-
ment of border security and immigration enforcement, at 
the expense of the Constitution and the security of the 
United States. Secretary Mayorkas has violated, and con-
tinues to violate, this requirement by failing to maintain 
operational control of the border and releasing hundreds 
of thousands of illegal aliens into the interior of the United 
States. 
Secretary Mayorkas has willfully refused to maintain 
operational control of the border as required by the Secure 
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Fence Act of 2006. His actions have directly led to an 
increase in illegal aliens and illegal narcotics, including 
deadly fentanyl, entering the United States. 
The Secure Fence Act of 2006 (Public Law 109–367) 
requires the Secretary of Homeland Security to take all 
actions ‘‘necessary and appropriate to achieve and main-
tain operational control over the entire international land 
and maritime borders of the United States[.]’’. The Act 
defines ‘‘operational control’’ as the ‘‘prevention of all un-
lawful entries into the United States, including entries by 
terrorists, other unlawful aliens, instruments of terrorism, 
narcotics, and other contraband.’’. 
During the Trump Administration, the Department 
of Homeland Security constructed approximately 450 
miles of new and replacement border wall system; an addi-
tional 285 miles were either under construction or in the 
pre-construction phase at the end of the Trump Adminis-
tration in January 2021. Under Secretary Mayorkas’s di-
rection, the Department of Homeland Security terminated 
contracts for additional border wall construction despite 
funds being appropriated by Congress for this purpose. 
His decision has left key portions of the southern border 
unsecure and cost American taxpayers billions of dollars. 
Secretary Mayorkas has willfully violated the Immi-
gration and Nationality Act (8 U.S.C. 1101 et seq.) by 
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releasing illegal aliens into the interior of the United 
States despite the plain language of the Act, which re-
quires the Secretary of Homeland Security to detain inad-
missible aliens arriving into the United States or aliens 
who are present in the United States without inspection 
while such aliens are processed under expedited removal 
or placed in removal proceedings. The Secretary of Home-
land Security does not have the option of simply releasing 
those aliens into the interior of the United States. 
Secretary Mayorkas reinstituted the catch and re-
lease policies of the Obama administration and has even 
released inadmissible aliens into the interior of the United 
States without issuing the aliens notices to appear for im-
migration proceedings. He is relying on the aliens to re-
port on their own volition to U.S. Immigration and Cus-
toms Enforcement offices to be placed into removal pro-
ceedings, a practice that violates the law and defies logic 
and common sense. Department of Homeland Security 
data show that over 80 percent of these released illegal 
aliens are failing to report to a U.S. Immigration and Cus-
toms Enforcement field office. 
On May 13, 2021, Secretary Mayorkas admitted dur-
ing testimony before the Senate Committee on Homeland 
Security and Governmental Affairs that U.S. Customs and 
Border Protection was releasing inadmissible aliens, whom 
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the Department of Homeland Security is required to de-
tain, into the interior of the United States. This was an 
admission that under his direction, the Department of 
Homeland Security is violating the law. 
Secretary Mayorkas terminated the Migrant Protec-
tion Protocols, which provided a lawful pathway to process 
claims and served as a deterrent to illegal immigration and 
aliens making fraudulent asylum claims. 
Secretary Mayorkas has even refused to tell aliens not 
to attempt to enter the United States illegally. During a 
White House press briefing on March 1, 2021, Secretary 
Mayorkas stated, ‘‘We are not saying, ‘Don’t come’.’’ 
As a result of Secretary Mayorkas’s actions and poli-
cies, the border and the country are less secure today than 
when he began serving as Secretary. U.S. Customs and 
Border Protection encounters have increased each month 
since he became Secretary. Since February 2021, more 
than 800,000 aliens have been encountered by U.S. Cus-
toms and Border Protection personnel at the southwest 
land border. This number does not include the increasing 
number of ‘‘got aways’’, aliens who have evaded Border 
Patrol apprehension, of which there have been estimated 
to be approximately 1,000 per day. 
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In addition to illegal aliens, Secretary Mayorkas’s 
policies have led to a significant increase in illegal drug 
smuggling across the southern border. 
Secretary Mayorkas’s actions have made the border 
less secure and encouraged aliens to enter the United 
States illegally, instead of taking actions to maintain oper-
ational control of the border. His actions have subverted 
the will of Congress and the core tenants of the Constitu-
tion. 
Wherefore, Alejandro Nicholas Mayorkas, by such 
conduct, warrants impeachment and trial, and removal 
from office. 
ARTICLE II 
Alejandro Nicholas Mayorkas, in his conduct while 
Secretary of Homeland Security, engaged in a pattern of 
conduct that has placed departmental personnel and 
American citizens at risk of exposure to and contracting 
COVID-19, by refusing to take necessary steps to prevent 
potentially contagious illegal aliens from entering the 
United States. 
On March 20, 2020, the Centers for Disease Control 
and Prevention issued an order, pursuant to sections 362 
and 365 of the Public Health Service Act (commonly 
known as ‘‘title 42’’) (42 U.S.C. 265 and 268), suspending 
the right to introduce certain persons into the United 
States from countries where a quarantinable commu-
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nicable disease exists. This order has been extended mul-
tiple times since it was first issued, most recently on Au-
gust 2, 2021. According to the Centers for Disease Con-
trol and Prevention, this order is necessary ‘‘to protect 
the public health from an increase in the serious danger 
of the introduction of Coronavirus Disease 2019 (COVID- 
19) into the [ports of entry] POEs, and the Border Patrol 
stations between POEs, at or near the United States bor-
ders with Canada and Mexico.’’. 
The law requires Border Patrol agents and other 
U.S. Customs and Border Protection officers to enforce 
the order. Despite this requirement, Secretary Mayorkas 
has refused to faithfully implement this order, as evi-
denced by the increasing number of aliens processed by 
U.S. Customs and Border Protection under title 8, United 
States Code, instead of expelled pursuant to sections 362 
and 365 of the Public Health Service Act (commonly 
known as ‘‘title 42’’) (42 U.S.C. 265 and 268). According 
to U.S. Customs and Border Protection data from Feb-
ruary 2021, approximately 26 percent of aliens encoun-
tered by the Border Patrol were processed pursuant to 
such title 8 instead of pursuant to sections 362 and 365 
of the Public Health Service Act (commonly known as 
‘‘title 42’’) (42 U.S.C. 265 and 268), and in June 2021, 
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nearly 42 percent of aliens encountered by Border Patrol 
were processed pursuant to such title 8. 
If the Secretary of Homeland Security is unable to 
expel aliens pursuant to sections 362 and 365 of the Pub-
lic Health Service Act (commonly known as ‘‘title 42’’) 
(42 U.S.C. 265 and 268), the Secretary should not release 
aliens into the interior of the United States where they 
can spread COVID-19. However, instead of detaining 
aliens as required by law, under Secretary Mayorkas’s di-
rection, the Department of Homeland Security has re-
leased and transported hundreds of thousands of aliens 
into the interior of the United States without properly 
screening the aliens for COVID-19 to ensure that the 
aliens would not spread COVID-19. In many other cases, 
aliens known by the Department of Homeland Security 
to have COVID-19 were released into the interior of the 
United States. These actions have subjected the American 
people to unnecessary and avoidable risks and have 
strained border communities’ limited health services and 
resources. 
In failing to use authority under sections 362 and 
365 of the Public Health Service Act (commonly known 
as ‘‘title 42’’) (42 U.S.C. 265 and 268) to the fullest ex-
tent possible, and by releasing potentially contagious 
aliens into the interior of the United States and trans-
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porting said aliens throughout the United States, Sec-
retary Mayorkas has placed Department of Homeland Se-
curity personnel and the American people at risk. Sub-
jecting Department of Homeland Security personnel and 
the American people to these risks is unnecessary, avoid-
able, and a violation of Secretary Mayorkas’s duty. 
Wherefore, Alejandro Nicholas Mayorkas, by such 
conduct, warrants impeachment and trial, and removal 
from office. 
Æ 
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