IV 
118TH CONGRESS 
1ST SESSION 
H. RES. 8 
Impeaching Alejandro Nicholas Mayorkas, Secretary of Homeland Security, 
for high crimes and misdemeanors. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 9, 2023 
Mr. FALLON 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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•HRES 8 IH 
impeachment against him for high crimes and mis-
demeanors. 
ARTICLE I.—In his conduct while Secretary of Home-
land Security of the United States, Alejandro Nicholas 
Mayorkas, in violation of his constitutional oath, engaged 
in a pattern of conduct that is incompatible with his duties 
as an Officer of the United States, as follows: 
Article II of the Constitution tasks the Executive 
branch, which today includes the Secretary of Homeland 
Security, with ensuring the laws passed by Congress and 
signed into law by the President are faithfully executed. 
Specifically, the Secure the Fence Act of 2006 (Public 
Law 109–367) requires the Secretary of Homeland Secu-
rity to ‘‘maintain operational control over the entire inter-
national land and maritime borders of the United States’’. 
The term ‘‘operational control’’ is defined as ‘‘the 
prevention of all unlawful entries into the United States, 
including entries by terrorists, other unlawful aliens, in-
struments of terrorism, narcotics, and other contraband’’. 
Over 5,500,000 illegal aliens have crossed our south-
ern border under the leadership of Secretary Mayorkas. 
There have now been 20 straight months with over 
150,000 illegal border crossings. Secretary Mayorkas has 
presided over a 180-percent increase in encounters at the 
southern border compared to the previous administration. 
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•HRES 8 IH 
In fiscal year 2022, 98 individuals on the Terrorist 
Screening Database (TSDB) were apprehended at the 
southern border, more than during the previous 5 years 
combined. In total, more than 100 individuals on the 
TSDB have been apprehended under Secretary Mayorkas. 
Under Secretary Mayorkas, more fentanyl has 
crossed the border in the last 2 months than in all of fiscal 
year 2019 under President Trump’s leadership. In fiscal 
year 2022, over 14,000 pounds of poisonous fentanyl was 
seized at the southern border. Fentanyl overdoses are the 
number one cause of death for individuals ages 18 to 45 
nationwide. 
Under Secretary Mayorkas, the Department of 
Homeland Security is also in violation the Immigration 
and Nationality Act (8 U.S.C. 1101 et seq.). This Act re-
quires the Department of Homeland Security to detain in-
admissible aliens arriving in the United States or aliens 
who are present in the United States without inspection 
until processed. In violation of the law, Secretary 
Mayorkas implemented catch-and-release directives such 
as the Notice to Report process and the parole plus Alter-
natives to Detention process. Through these misguided 
programs, over 1,000,000 illegal aliens have been reck-
lessly released into the interior of the United States. 
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Secretary Mayorkas has undermined the operational 
control of our southern border and encouraged illegal im-
migration by doing the following: 
(1) Terminating contracts for additional border 
wall construction, in contradiction of Congressional 
appropriations. 
(2) Ending the Migrant Protection Protocols, 
also known as ‘‘Remain in Mexico’’, which was an 
indispensable tool to address the border crisis and 
restore integrity to the immigration system. 
(3) Attempting to eliminate title 42 authority, 
a critical tool enabling the U.S. Customs and Border 
Protection to quickly expel illegal aliens. 
Secretary Mayorkas has violated the law and gravely 
endangered the national security of the United States 
through these actions. 
Wherefore, Alejandro Nicholas Mayorkas, by such 
conduct, warrants impeachment, trial, removal from of-
fice, and disqualification to hold and enjoy any office of 
honor, trust, or profit within the United States Federal 
Government. 
ARTICLE II.—In his conduct while Secretary of 
Homeland Security of the United States, Alejandro Nich-
olas Mayorkas, in violation of his constitutional oath, will-
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fully provided perjurious, false, and misleading testimony 
to Congress, as follows: 
On April 28, 2022, during a House Judiciary Com-
mittee hearing, Congressman Chip Roy of Texas asked 
Secretary Mayorkas, ‘‘Will you testify under oath that we 
have operational control of the border?’’. 
Under oath, Secretary Mayorkas responded, ‘‘Yes we 
do’’. 
On November 15, 2022, during a House Homeland 
Security Committee hearing, Congressman Dan Bishop of 
North Carolina asked, ‘‘Secretary Mayorkas, do you con-
tinue to maintain that the border is secure?’’. 
Under oath, Secretary Mayorkas responded, ‘‘Yes, 
and we are working day in and day out to enhance secu-
rity, Congressman’’. 
As previously described, the term ‘‘operational con-
trol’’ is defined 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’’. 
Section 1621 of title 18, United States Code, stipu-
lates that anyone 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 up to 5 years, or both. 
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•HRES 8 IH 
The record-breaking number of illegal alien encoun-
ters, including over 1,000,000 known ‘‘gotaways’’, as well 
as the record seizures of deadly fentanyl and other contra-
band, prove that Secretary Mayorkas has not ensured 
operational control of the southern border. 
Secretary Mayorkas clearly committed perjury on 
multiple occasions before Congress. 
Wherefore, Alejandro Nicholas Mayorkas, by such 
conduct, warrants impeachment, trial, removal from of-
fice, and disqualification to hold and enjoy any office of 
honor, trust, or profit under the United States. 
ARTICLE III.—In his conduct while Secretary of 
Homeland Security of the United States, Alejandro Nich-
olas Mayorkas knowingly slandered his own hardworking 
Border Patrol agents and mislead the general public, as 
follows: 
On September 19, 2021, approximately 15,000 Hai-
tian migrants had crossed the border from Mexico into 
the United States and were concentrated in an encamp-
ment underneath the international bridge from Mexico to 
the Del Rio, Texas, Port of Entry (POE), and sur-
rounding areas. 
Mounted Border Patrol agents and troopers with the 
Texas Department of Public Safety (TXDPS) dispersed 
a large group of migrants gathered near a boat ramp lo-
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cated along the side of the United States of the Rio 
Grande River, approximately three-tenths of a mile east 
of the Del Rio POE. They then attempted to stop the flow 
of all migrants illegally crossing the river into the United 
States at that location. 
Within hours of the incident, images and video sur-
faced on social media that showed multiple Border Patrol 
agents on horseback using their horses to keep several ille-
gal immigrants from entering the United States after 
crossing the Rio Grande in Del Rio, Texas. 
Extremist liberal activists rushed to judgement and 
falsely accused the agents of ‘‘whipping’’ the illegal immi-
grants with their horse reins. Some went so far as to make 
the disgusting false equivalency to slavery. 
President Joe Biden publicly repeated the slanderous 
claim saying ‘‘To see people treated like they did . . . peo-
ple being strapped–it’s outrageous. I promise you, those 
people will pay’’. 
Vice President Kamala Harris said ‘‘Human beings 
should not be treated that way, and as we all know, it 
also evoked images of some of the worst moments of our 
history where that kind of behavior has been used against 
the indigenous people of our country, has been used 
against African Americans during times of slavery’’. 
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•HRES 8 IH 
Secretary Mayorkas supported the Biden administra-
tion’s false narrative that Border Patrol agents whipped 
Haitian migrants, even after he had been alerted by subor-
dinates the narrative was false. 
On September 24, 2021, the Department of Home-
land Security Assistant Secretary for Public Affairs, Mar-
sha Espinosa, emailed Secretary Mayorkas a news article 
that said the photographer who took the images did not 
see the agents whipping anyone. 
That same day, Secretary Mayorkas participated in 
a White House press conference during which he publicly 
and falsely slandered these agents. Secretary Mayorkas 
called the images ‘‘horrifying’’ and an example of ‘‘sys-
temic racism’’. 
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 inci-
dent struck, intentionally or otherwise, any migrant with 
their reins’’. 
Secretary Mayorkas slandered his own Border Patrol 
agents and TXDPS Troopers involved in this incident, 
contributing to a further decrease in already-low morale 
among agents. 
Wherefore, Alejandro Nicholas Mayorkas, by such 
conduct, warrants impeachment, trial, removal from of-
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•HRES 8 IH 
fice, and disqualification to hold and enjoy any office of 
honor, trust, or profit under the United States. 
Æ 
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