III 
118TH CONGRESS 
2D SESSION 
H. RES. 863 
IN THE SENATE OF THE UNITED STATES 
APRIL 16, 2024 
Received 
RESOLUTION 
Impeaching Alejandro Nicholas Mayorkas, Secretary of 
Homeland Security, for high crimes and misdemeanors. 
Resolved, That Alejandro Nicholas Mayorkas, Sec-
retary of Homeland Security of the United States of 
America, is impeached for high crimes and misdemeanors, 
and that the following articles of impeachment be exhib-
ited 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 N. Mayorkas, Secretary of 
Homeland Security of the United States of America, in 
maintenance and support of its impeachment against him 
for high crimes and misdemeanors. 
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ARTICLE I: WILLFUL AND SYSTEMIC REFUSAL TO COMPLY 
WITH THE LAW 
The Constitution provides that the House of Rep-
resentatives ‘‘shall have the sole Power of Impeachment’’ 
and that civil Officers of the United States, including the 
Secretary of Homeland Security, ‘‘shall be removed from 
Office on Impeachment for, and Conviction of, Treason, 
Bribery, or other high Crimes and Misdemeanors’’. In his 
conduct while Secretary of Homeland Security, Alejandro 
N. Mayorkas, in violation of his oath to support and de-
fend the Constitution of the United States against all en-
emies, foreign and domestic, to bear true faith and alle-
giance to the same, and to well and faithfully discharge 
the duties of his office, has willfully and systemically re-
fused to comply with Federal immigration laws, in that: 
Throughout his tenure as Secretary of Homeland Se-
curity, Alejandro N. Mayorkas has repeatedly violated 
laws enacted by Congress regarding immigration and bor-
der security. In large part because of his unlawful conduct, 
millions of aliens have illegally entered the United States 
on an annual basis with many unlawfully remaining in the 
United States. His refusal to obey the law is not only an 
offense against the separation of powers in the Constitu-
tion of the United States, it also threatens our national 
security and has had a dire impact on communities across 
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the country. Despite clear evidence that his willful and 
systemic refusal to comply with the law has significantly 
contributed to unprecedented levels of illegal entrants, the 
increased control of the Southwest border by drug cartels, 
and the imposition of enormous costs on States and local-
ities affected by the influx of aliens, Alejandro N. 
Mayorkas has continued in his refusal to comply with the 
law, and thereby acted to the grave detriment of the inter-
ests of the United States. 
Alejandro N. Mayorkas engaged in this scheme or 
course of conduct through the following means: 
(1) Alejandro N. Mayorkas willfully refused to 
comply with the detention mandate set forth in sec-
tion 235(b)(2)(A) of the Immigration and Nation-
ality Act, requiring that all applicants for admission 
who are ‘‘not clearly and beyond a doubt entitled to 
be admitted...shall be detained for a [removal] pro-
ceeding...’’. Instead of complying with this require-
ment, Alejandro N. Mayorkas implemented a catch 
and release scheme, whereby such aliens are unlaw-
fully released, even without effective mechanisms to 
ensure appearances before the immigration courts 
for removal proceedings or to ensure removal in the 
case of aliens ordered removed. 
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for removal proceedings or to ensure removal in the 
case of aliens ordered removed. 
(4) Alejandro N. Mayorkas willfully refused to 
comply with the detention mandate set forth in sec-
tion 236(c) of such Act, requiring that a criminal 
alien who is inadmissible or deportable on certain 
criminal and terrorism-related grounds ‘‘shall [be] 
take[n] into custody’’ when the alien is released 
from law enforcement custody. Instead of complying 
with this requirement, Alejandro N. Mayorkas issued 
‘‘Guidelines for the Enforcement of Civil Immigra-
tion Laws’’, which instructs Department of Home-
land Security (hereinafter referred to as ‘‘DHS’’) of-
ficials that the ‘‘fact an individual is a removable 
noncitizen...should not alone be the basis of an en-
forcement action against them’’ and that DHS ‘‘per-
sonnel should not rely on the fact of convic-
tion...alone’’, even with respect to aliens subject to 
mandatory arrest and detention pursuant to section 
236(c) of such Act, to take them into custody. In 
Texas v. United States, 40 F.4th 205 (2022), the 
United States Court of Appeals for the Fifth Circuit 
concluded that these guidelines had ‘‘every indica-
tion of being ‘a general policy that is so extreme as 
to amount to an abdication of...statutory responsibil-
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ities’ ’’ and that its ‘‘replacement of Congress’s stat-
utory mandates with concerns of equity and race is 
extralegal...[and] plainly outside the bounds of the 
power conferred by the INA’’. 
(5) Alejandro N. Mayorkas willfully refused to 
comply with the detention mandate set forth in sec-
tion 241(a)(2) of such Act, requiring that an alien 
ordered removed ‘‘shall [be] detain[ed]’’ during ‘‘the 
removal period’’. Instead of complying with this 
mandate, Alejandro N. Mayorkas issued ‘‘Guidelines 
for the Enforcement of Civil Immigration Laws’’, 
which instructs DHS officials that the ‘‘fact an indi-
vidual is a removable noncitizen...should not alone be 
the basis of an enforcement action against them’’ 
and that DHS ‘‘personnel should not rely on the 
fact of conviction...alone’’, even with respect to 
aliens subject to mandatory detention and removal 
pursuant to section 241(a) of such Act. 
(6) Alejandro N. Mayorkas willfully exceeded 
his parole authority set forth in section 212(d)(5)(A) 
of such Act that permits parole to be granted ‘‘only 
on a case-by-case basis’’, temporarily, and ‘‘for ur-
gent humanitarian reasons or significant public ben-
efit’’, in that: 
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(A) Alejandro N. Mayorkas paroled aliens 
en masse in order to release them from manda-
tory detention, despite the fact that, as the 
United States Court of Appeals for the Fifth 
Circuit concluded in Texas v. Biden, 20 F.4th 
928 (2021), ‘‘parol[ing] every alien [DHS] can-
not detain is the opposite of the ‘case-by-case 
basis’ determinations required by law’’ and 
‘‘DHS’s pretended power to parole aliens while 
ignoring the limitations Congress imposed on 
the parole power [is] not nonenforcement; it’s 
misenforcement, suspension of the INA, or 
both’’. 
(B) Alejandro N. Mayorkas created, re- 
opened, or expanded a series of categorical pa-
role programs never authorized by Congress for 
foreign nationals outside of the United States, 
including for certain Central American minors, 
Ukrainians, Venezuelans, Cubans, Haitians, 
Nicaraguans, Colombians, Salvadorans, Guate-
malans, and Hondurans, which enabled hun-
dreds of thousands of inadmissible aliens to 
enter the United States in violation of the laws 
enacted by Congress. 
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(7) Alejandro N. Mayorkas willfully exceeded 
his release authority set forth in section 236(a) of 
such Act that permits, in certain circumstances, the 
release of aliens arrested on an administrative war-
rant, in that Alejandro N. Mayorkas released aliens 
arrested without a warrant despite their being sub-
ject to a separate applicable mandatory detention re-
quirement set forth in section 235(b)(2) of such Act. 
Alejandro N. Mayorkas released such aliens by 
retroactively issuing administrative warrants in an 
attempt to circumvent section 235(b)(2) of such Act. 
In Florida v. United States, No. 3:21-cv-1066-TKW- 
ZCB (N.D. Fla. Mar. 8, 2023), the United States 
District Court of the Northern District of Florida 
noted that ‘‘[t]his sleight of hand – using an ‘arrest’ 
warrant as a de facto ‘release’ warrant – is adminis-
trative sophistry at its worst’’. In addition, the court 
concluded that ‘‘what makes DHS’s application of 
[236(a)] 
in 
this 
manner 
unlawful...is 
that 
[235(b)(2)], not [236(a)], governs the detention of 
applicants 
for 
admission 
whom 
DHS 
places 
in...removal proceedings after inspection’’. 
Alejandro N. Mayorkas’s willful and systemic refusal 
to comply with the law has had calamitous consequences 
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for the Nation and the people of the United States, includ-
ing: 
(1) During fiscal years 2017 through 2020, an 
average of about 590,000 aliens each fiscal year 
were encountered as inadmissible aliens at ports of 
entry on the Southwest border or apprehended be-
tween ports of entry. Thereafter, during Alejandro 
N. Mayorkas’s tenure in office, that number sky-
rocketed to over 1,400,000 in fiscal year 2021, over 
2,300,000 in fiscal year 2022, and over 2,400,000 in 
fiscal year 2023. Similarly, during fiscal years 2017 
through 2020, an average of 130,000 persons who 
were not turned back or apprehended after making 
an illegal entry were observed along the border each 
fiscal year. During Alejandro N. Mayorkas’s tenure 
in office, that number more than trebled to 400,000 
in fiscal year 2021, 600,000 in fiscal year 2022, and 
750,000 in fiscal year 2023. 
(2) American communities both along the 
Southwest border and across the United States have 
been devastated by the dramatic growth in illegal en-
tries, the number of aliens unlawfully present, and 
substantial rise in the number of aliens unlawfully 
granted parole, creating a fiscal and humanitarian 
crisis and dramatically degrading the quality of life 
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of the residents of those communities. For instance, 
since 2022, more than 150,000 migrants have gone 
through New York City’s shelter intake system. In-
deed, the Mayor of New York City has said that ‘‘we 
are past our breaking point’’ and that ‘‘[t]his issue 
will destroy New York City’’. In fiscal year 2023, 
New York City spent $1,450,000,000 addressing 
Alejandro N. Mayorkas’s migrant crisis, and city of-
ficials fear it will spend another $12,000,000,000 
over the following three fiscal years, causing painful 
budget cuts to important city services. 
(3) Alejandro N. Mayorkas’s unlawful mass re-
lease of apprehended aliens and unlawful mass grant 
of categorical parole to aliens have enticed an in-
creasing number of aliens to make the dangerous 
journey to our Southwest border. Consequently, ac-
cording to the United Nations’s International Orga-
nization for Migration, the number of migrants in-
tending to illegally cross our border who have per-
ished along the way, either en route to the United 
States or at the border, almost doubled during the 
tenure of Alejandro N. Mayorkas as Secretary of 
Homeland Security, from an average of about 700 
a year during the fiscal years 2017 through 2020, 
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to an average of about 1,300 a year during the fiscal 
years 2021 through 2023. 
(4) Alien smuggling organizations have gained 
tremendous wealth during Alejandro N. Mayorkas’s 
tenure as Secretary of Homeland Security, with 
their 
estimated 
revenues 
rising 
from 
about 
$500,000,000 
in 
2018 
to 
approximately 
$13,000,000,000 in 2022. 
(5) During Alejandro N. Mayorkas’s tenure as 
Secretary of Homeland Security, the immigration 
court backlog has more than doubled from about 
1,300,000 cases to over 3,000,000 cases. The ex-
ploding backlog is destroying the courts’ ability to 
administer justice and provide appropriate relief in 
a timeframe that does not run into years or even 
decades. As Alejandro N. Mayorkas acknowledged, 
‘‘those who have a valid claim to asylum...often wait 
years for a...decision; likewise, noncitizens who will 
ultimately be found ineligible for asylum or other 
protection—which occurs in the majority of cases— 
often have spent many years in the United States 
prior to being ordered removed’’. He noted that of 
aliens placed in expedited removal proceedings and 
found to have a credible fear of persecution, and 
thus referred to immigration judges for removal pro-
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ceedings, ‘‘significantly fewer than 20 percent...were 
ultimately granted asylum’’ and only ‘‘28 percent of 
cases decided on their merits are grants of relief’’. 
Alejandro N. Mayorkas also admitted that ‘‘the fact 
that migrants can wait in the United States for 
years before being issued a final order denying relief, 
and that many such individuals are never actually 
removed, likely incentivizes migrants to make the 
journey north’’. 
(6) During Alejandro N. Mayorkas’s tenure as 
Secretary of Homeland Security, approximately 
450,000 unaccompanied alien children have been en-
countered at the Southwest border, and the vast ma-
jority have been released into the United States. As 
a result, there has been a dramatic upsurge in mi-
grant children being employed in dangerous and ex-
ploitative jobs in the United States. 
(7) Alejandro N. Mayorkas’s failure to enforce 
the law, drawing millions of illegal aliens to the 
Southwest border, has led to the reassignment of 
U.S. Border Patrol agents from protecting the bor-
der from illicit drug trafficking to processing illegal 
aliens for release. As a result, during Alejandro N. 
Mayorkas’s tenure as Secretary of Homeland Secu-
rity, the flow of fentanyl across the border and other 
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dangerous drugs, both at and between ports of 
entry, has increased dramatically. U.S. Customs and 
Border 
Protection 
seized 
approximately 
4,800 
pounds of fentanyl in fiscal year 2020, approxi-
mately 11,200 pounds in fiscal year 2021, approxi-
mately 14,700 pounds in fiscal year 2022, and ap-
proximately 27,000 pounds in fiscal year 2023. Over 
70,000 Americans died from fentanyl poisoning in 
2022, and fentanyl is now the number one killer of 
Americans between the ages of 18 and 45. 
(8) Alejandro N. Mayorkas has degraded public 
safety by leaving wide swaths of the border effec-
tively unpatrolled as U.S. Border Patrol agents are 
diverted from guarding the border to processing for 
unlawful release the heightening waves of appre-
hended aliens (many who now seek out agents for 
the purpose of surrendering with the now reasonable 
expectation of being released and granted work au-
thorization), and Federal Air Marshals are diverted 
from protecting the flying public to assist in such 
processing. 
(9) During Alejandro N. Mayorkas’s tenure as 
Secretary of Homeland Security, the U.S. Border 
Patrol has encountered an increasing number of 
aliens on the terrorist watch list. In fiscal years 
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2017 through 2020 combined, 11 noncitizens on the 
terrorist watchlist were caught attempting to cross 
the Southwest border between ports of entry. That 
number increased to 15 in fiscal year 2021, 98 in 
fiscal year 2022, 169 in fiscal year 2023, and 49 so 
far in fiscal year 2024. 
Additionally, in United States v. Texas, 599 U.S. 670 
(2023), the United States Supreme Court heard a case 
involving Alejandro N. Mayorkas’s refusal to comply with 
certain Federal immigration laws that are at issue in this 
impeachment. The Supreme Court held that States have 
no standing to seek judicial relief to compel Alejandro N. 
Mayorkas to comply with certain legal requirements con-
tained in the Immigration and Nationality Act. However, 
the Supreme Court held that ‘‘even though the federal 
courts lack Article III jurisdiction over this suit, other fo-
rums remain open for examining the Executive Branch’s 
enforcement policies. For example, Congress possesses an 
array of tools to analyze and influence those policies [and] 
those are political checks for the political process’’. One 
such critical tool for Congress to influence the Executive 
Branch to comply with the immigration laws of the United 
States is impeachment. The dissenting Justice noted, 
‘‘The Court holds Texas lacks standing to challenge a fed-
eral policy that inflicts substantial harm on the State and 
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its residents by releasing illegal aliens with criminal con-
victions for serious crimes. In order to reach this conclu-
sion, the Court...holds that the only limit on the power 
of a President to disobey a law like the important provi-
sion at issue is Congress’ power to employ the weapons 
of inter-branch warfare...’’. As the dissenting Justice ex-
plained, ‘‘Congress may wield what the Solicitor General 
described as ‘political...tools’—which presumably means 
such things as...impeachment and removal’’. Indeed, dur-
ing oral argument, the Justice who authored the majority 
opinion stated to the Solicitor General, ‘‘I think your posi-
tion is, instead of judicial review, Congress has to resort 
to shutting down the government or impeachment or dra-
matic steps...’’. Here, in light of the inability of injured 
parties to seek judicial relief to remedy the refusal of 
Alejandro N. Mayorkas to comply with Federal immigra-
tion laws, impeachment is Congress’s only viable option. 
In all of this, Alejandro N. Mayorkas willfully and 
systemically refused to comply with the immigration laws, 
failed to control the border to the detriment of national 
security, compromised public safety, and violated the rule 
of law and separation of powers in the Constitution, to 
the manifest injury of the people of the United States. 
Wherefore Alejandro N. Mayorkas, by such conduct, 
has demonstrated that he will remain a threat to national 
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and border security, the safety of the United States peo-
ple, and the Constitution if allowed to remain in office, 
and has acted in a manner grossly incompatible with his 
duties and the rule of law. Alejandro N. Mayorkas thus 
warrants impeachment and trial, removal from office, and 
disqualification to hold and enjoy any office of honor, 
trust, or profit under the United States. 
ARTICLE II: BREACH OF PUBLIC TRUST 
The Constitution provides that the House of Rep-
resentatives ‘‘shall have the sole Power of Impeachment’’ 
and that civil Officers of the United States, including the 
Secretary of Homeland Security, ‘‘shall be removed from 
Office on Impeachment for, and Conviction of, Treason, 
Bribery, or other high Crimes and Misdemeanors’’. In his 
conduct while Secretary of Homeland Security, Alejandro 
N. Mayorkas, in violation of his oath to well and faithfully 
discharge the duties of his office, has breached the public 
trust, in that: 
Alejandro N. Mayorkas has knowingly made false 
statements, and knowingly obstructed lawful oversight of 
the Department of Homeland Security (hereinafter re-
ferred to as ‘‘DHS’’), principally to obfuscate the results 
of his willful and systemic refusal to comply with the law. 
Alejandro N. Mayorkas engaged in this scheme or course 
of conduct through the following means: 
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(1) Alejandro N. Mayorkas knowingly made 
false statements to Congress that the border is ‘‘se-
cure’’, that the border is ‘‘no less secure than it was 
previously’’, that the border is ‘‘closed’’, and that 
DHS has ‘‘operational control’’ of the border (as 
that term is defined in the Secure Fence Act of 
2006). 
(2) Alejandro N. Mayorkas knowingly made 
false statements to Congress regarding the scope 
and adequacy of the vetting of the thousands of Af-
ghans who were airlifted to the United States and 
then granted parole following the Taliban takeover 
of Afghanistan after President Biden’s precipitous 
withdrawal of United States forces. 
(3) Alejandro N. Mayorkas knowingly made 
false statements that apprehended aliens with no 
legal basis to remain in the United States were 
being quickly removed. 
(4) Alejandro N. Mayorkas knowingly made 
false statements supporting the false narrative that 
U.S. Border Patrol agents maliciously whipped ille-
gal aliens. 
(5) Alejandro N. Mayorkas failed to comply 
with multiple subpoenas issued by congressional 
committees. 
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(6) Alejandro N. Mayorkas delayed or denied 
access of DHS Office of Inspector General (herein-
after referred to as ‘‘OIG’’) to DHS records and in-
formation, hampering OIG’s ability to effectively 
perform its vital investigations, audits, inspections, 
and other reviews of agency programs and oper-
ations to satisfy the OIG’s obligations under section 
402(b) of title 5, United States Code, in part, to 
Congress. 
Additionally, in his conduct while Secretary of Home-
land Security, Alejandro N. Mayorkas has breached the 
public trust by his willful refusal to fulfill his statutory 
‘‘duty to control and guard the boundaries and borders 
of the United States against the illegal entry of aliens’’ 
as set forth in section 103(a)(5) of the Immigration and 
Nationality Act. Alejandro N. Mayorkas inherited what his 
first Chief of the U.S. Border Patrol called, ‘‘arguably the 
most effective border security in our nation’s history’’. 
Alejandro N. Mayorkas, however, proceeded to abandon 
effective border security initiatives without engaging in 
adequate alternative efforts that would enable DHS to 
maintain control of the border and guard against illegal 
entry, and despite clear evidence of the devastating con-
sequences of his actions, he failed to take action to fulfill 
his statutory duty to control the border. According to his 
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first Chief of the U.S. Border Patrol, Alejandro N. 
Mayorkas ‘‘summarily rejected’’ the ‘‘multiple options to 
reduce the illegal entries...through proven programs and 
consequences’’ provided by civil service staff at DHS. De-
spite clear evidence of the devastating consequences of his 
actions, he failed to take action to fulfill his statutory duty 
to control the border, in that, among other things: 
(1) Alejandro N. Mayorkas terminated the Mi-
grant Protection Protocols (hereinafter referred to 
as ‘‘MPP’’). In Texas v. Biden, 20 F.4th 928 
(2021), the United States Court of Appeals for the 
Fifth 
Circuit 
explained 
that 
‘‘[t]he 
district 
court...pointed to evidence that ‘the termination of 
MPP has contributed to the current border 
surge’...(citing DHS’s own previous determinations 
that MPP had curbed the rate of illegal entries)’’. 
The district court had also ‘‘pointed out that the 
number of ‘enforcement encounters’—that is, in-
stances where immigration officials encounter immi-
grants attempting to cross the southern border with-
out documentation—had ‘skyrocketed’ since MPP’s 
termination’’. 
(2) Alejandro N. Mayorkas terminated con-
tracts for border wall construction. 
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(3) Alejandro N. Mayorkas terminated asylum 
cooperative agreements that would have equitably 
shared the burden of complying with international 
asylum accords. 
In all of this, Alejandro N. Mayorkas breached the 
public trust by knowingly making false statements to Con-
gress and the American people and avoiding lawful over-
sight in order to obscure the devastating consequences of 
his willful and systemic refusal to comply with the law and 
carry out his statutory duties. He has also breached the 
public trust by willfully refusing to carry out his statutory 
duty to control the border and guard against illegal entry, 
notwithstanding the calamitous consequences of his abdi-
cation of that duty. 
Wherefore Alejandro N. Mayorkas, by such conduct, 
has demonstrated that he will remain a threat to national 
and border security, the safety of the American people, 
and to the Constitution if allowed to remain in office, and 
has acted in a manner grossly incompatible with his duties 
and the rule of law. Alejandro N. Mayorkas thus warrants 
impeachment and trial, removal from office, and disquali-
fication to hold and enjoy any office of honor, trust, or 
profit under the United States. 
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MIKE JOHNSON, 
Speaker of the House of Representatives. 
Attest: 
KEVIN F. MCCUMBER, 
Clerk. 
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