IV 
House Calendar No. 60 
118TH CONGRESS 
2D SESSION 
H. RES. 863 
[Report No. 118–372] 
Impeaching Alejandro Nicholas Mayorkas, Secretary of Homeland Security, 
for high crimes and misdemeanors. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 13, 2023 
Ms. GREENE of Georgia submitted the following resolution; which was referred 
to the Committee on Homeland Security 
NOVEMBER 13, 2023 
By motion of the House, referred to the Committee on Homeland Security 
FEBRUARY 3, 2024 
Additional sponsors: Mr. STEUBE, Mr. ROSENDALE, Mrs. MILLER of Illinois, 
Mr. CARL, Mr. COLLINS, Mr. FRY, Mr. POSEY, Mr. CRANE, Mr. ZINKE, 
Mr. BIGGS, Mr. WEBER of Texas, Mr. JACKSON of Texas, Mr. MEUSER, 
Mr. TIMMONS, Mrs. HARSHBARGER, Ms. FOXX, and Mr. BANKS 
FEBRUARY 3, 2024 
Reported with an amendment, referred to the House Calendar, and ordered 
to be printed 
[Strike out all after the resolving clause and insert the part printed in italic] 
[For text of introduced resolution, see copy of resolution as introduced on November 13, 2023] 
RESOLUTION 
Impeaching Alejandro Nicholas Mayorkas, Secretary of 
Homeland Security, for high crimes and misdemeanors. 
VerDate Sep 11 2014 
02:11 Feb 03, 2024
Jkt 049200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6652
E:\BILLS\HR863.RH
HR863
kjohnson on DSK7ZCZBW3PROD with $$_JOB
•HRES 863 RH 
Resolved, That Alejandro Nicholas Mayorkas, Sec-
retary of Homeland Security of the United States of Amer-
ica, is impeached for high crimes and misdemeanors, and 
that the following articles of impeachment be exhibited to 
the United States Senate: 
Articles of impeachment exhibited by the House of Rep-
resentatives of the United States of America in the name 
of itself and of the people of the United States of America, 
against Alejandro N. Mayorkas, Secretary of Homeland Se-
curity of the United States of America, in maintenance and 
support of its impeachment against him for high crimes 
and misdemeanors. 
ARTICLE I: WILLFUL AND SYSTEMIC REFUSAL TO COMPLY 
WITH THE LAW 
The Constitution provides that the House of Represent-
atives ‘‘shall have the sole Power of Impeachment’’ and that 
civil Officers of the United States, including the Secretary 
of Homeland Security, ‘‘shall be removed from Office on Im-
peachment for, and Conviction of, Treason, Bribery, or 
other high Crimes and Misdemeanors’’. In his conduct while 
Secretary of Homeland Security, Alejandro N. Mayorkas, 
in violation of his oath to support and defend the Constitu-
tion of the United States against all enemies, foreign and 
domestic, to bear true faith and allegiance to the same, and 
to well and faithfully discharge the duties of his office, has 
VerDate Sep 11 2014 
02:11 Feb 03, 2024
Jkt 049200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6203
E:\BILLS\HR863.RH
HR863
kjohnson on DSK7ZCZBW3PROD with $$_JOB
•HRES 863 RH 
willfully and systemically refused to comply with Federal 
immigration laws, in that: 
Throughout his tenure as Secretary of Homeland Secu-
rity, Alejandro N. Mayorkas has repeatedly violated laws 
enacted by Congress regarding immigration and border se-
curity. In large part because of his unlawful conduct, mil-
lions 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 Constitution 
of the United States, it also threatens our national security 
and has had a dire impact on communities across the coun-
try. Despite clear evidence that his willful and systemic re-
fusal to comply with the law has significantly contributed 
to unprecedented levels of illegal entrants, the increased con-
trol of the Southwest border by drug cartels, and the imposi-
tion of enormous costs on States and localities 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 interests 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 Nationality 
VerDate Sep 11 2014 
02:11 Feb 03, 2024
Jkt 049200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6203
E:\BILLS\HR863.RH
HR863
kjohnson on DSK7ZCZBW3PROD with $$_JOB
•HRES 863 RH 
Act, requiring that all applicants for admission who 
are ‘‘not clearly and beyond a doubt entitled to be ad-
mitted...shall be detained for a [removal] pro-
ceeding...’’. Instead of complying with this require-
ment, Alejandro N. Mayorkas implemented a catch 
and release scheme, whereby such aliens are unlaw-
fully released, even without effective mechanisms to 
ensure appearances before the immigration courts for 
removal proceedings or to ensure removal in the case 
of aliens ordered removed. 
(2) Alejandro N. Mayorkas willfully refused to 
comply with the detention mandate set forth in sec-
tion 235(b)(1)(B)(ii) of such Act, requiring that an 
alien who is placed into expedited removal pro-
ceedings and determined to have a credible fear of 
persecution ‘‘shall be detained for further consider-
ation of the application for asylum’’. Instead of com-
plying with this requirement, Alejandro N. Mayorkas 
implemented a catch and release scheme, whereby 
such aliens are unlawfully released, even without ef-
fective mechanisms to ensure appearances before the 
immigration courts for removal proceedings or to en-
sure removal in the case of aliens ordered removed. 
(3) Alejandro N. Mayorkas willfully refused to 
comply with the detention set forth in section 
VerDate Sep 11 2014 
02:11 Feb 03, 2024
Jkt 049200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6203
E:\BILLS\HR863.RH
HR863
kjohnson on DSK7ZCZBW3PROD with $$_JOB
•HRES 863 RH 
235(b)(1)(B)(iii)(IV) of such Act, requiring that an 
alien who is placed into expedited removal pro-
ceedings and determined not to have a credible fear 
of persecution ‘‘shall be detained...until removed’’. In-
stead of complying with this requirement, Alejandro 
N. Mayorkas has implemented a catch and release 
scheme, whereby such aliens are unlawfully released, 
even without effective mechanisms to ensure appear-
ances before the immigration courts for removal pro-
ceedings or to ensure removal in the case of aliens or-
dered 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 Immigration 
Laws’’, which instructs Department of Homeland Se-
curity (hereinafter referred to as ‘‘DHS’’) officials 
that the ‘‘fact an individual is a removable noncit-
izen...should not alone be the basis of an enforcement 
action against them’’ and that DHS ‘‘personnel 
VerDate Sep 11 2014 
02:11 Feb 03, 2024
Jkt 049200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6203
E:\BILLS\HR863.RH
HR863
kjohnson on DSK7ZCZBW3PROD with $$_JOB
•HRES 863 RH 
should not rely on the fact of conviction...alone’’, even 
with respect to aliens subject to mandatory arrest and 
detention pursuant to section 236(c) of such Act, to 
take them into custody. In Texas v. United States, 40 
F.4th 205 (2022), the United States Court of Appeals 
for the Fifth Circuit concluded that these guidelines 
had ‘‘every indication of being ‘a general policy that 
is so extreme as to amount to an abdication 
of...statutory responsibilities’ ’’ and that its ‘‘replace-
ment of Congress’s statutory mandates with concerns 
of equity and race is extralegal...[and] plainly outside 
the bounds of the power conferred by the INA’’. 
(5) Alejandro N. Mayorkas willfully refused to 
comply with the detention mandate set forth in sec-
tion 241(a)(2) of such Act, requiring that an alien or-
dered removed ‘‘shall [be] detain[ed]’’ during ‘‘the re-
moval period’’. Instead of complying with this man-
date, Alejandro N. Mayorkas issued ‘‘Guidelines for 
the Enforcement of Civil Immigration Laws’’, which 
instructs DHS officials that the ‘‘fact an individual 
is a removable noncitizen...should not alone be the 
basis of an enforcement action against them’’ and 
that DHS ‘‘personnel should not rely on the fact of 
conviction...alone’’, even with respect to aliens subject 
VerDate Sep 11 2014 
02:11 Feb 03, 2024
Jkt 049200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6203
E:\BILLS\HR863.RH
HR863
kjohnson on DSK7ZCZBW3PROD with $$_JOB
•HRES 863 RH 
to mandatory detention and removal pursuant to sec-
tion 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 urgent 
humanitarian reasons or significant public benefit’’, 
in that: 
(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 Cir-
cuit concluded in Texas v. Biden, 20 F.4th 928 
(2021), ‘‘parol[ing] every alien [DHS] cannot 
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 parole 
programs never authorized by Congress for for-
eign nationals outside of the United States, in-
cluding for certain Central American minors, 
VerDate Sep 11 2014 
02:11 Feb 03, 2024
Jkt 049200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6203
E:\BILLS\HR863.RH
HR863
kjohnson on DSK7ZCZBW3PROD with $$_JOB
•HRES 863 RH 
Ukrainians, Venezuelans, Cubans, Haitians, 
Nicaraguans, Colombians, Salvadorans, Guate-
malans, and Hondurans, which enabled hun-
dreds of thousands of inadmissible aliens to enter 
the United States in violation of the laws en-
acted by Congress. 
(7) Alejandro N. Mayorkas willfully exceeded his 
release authority set forth in section 236(a) of such 
Act that permits, in certain circumstances, the release 
of aliens arrested on an administrative warrant, in 
that Alejandro N. Mayorkas released aliens arrested 
without a warrant despite their being subject to a 
separate applicable mandatory detention requirement 
set forth in section 235(b)(2) of such Act. Alejandro 
N. Mayorkas released such aliens by retroactively 
issuing administrative warrants in an attempt to cir-
cumvent section 235(b)(2) of such Act. In Florida v. 
United States, No. 3:21-cv-1066-TKW-ZCB (N.D. 
Fla. Mar. 8, 2023), the United States District Court 
of the Northern District of Florida noted that ‘‘[t]his 
sleight of hand – using an ‘arrest’ warrant as a de 
facto ‘release’ warrant – is administrative sophistry 
at its worst’’. In addition, the court concluded that 
‘‘what makes DHS’s application of [236(a)] in this 
manner unlawful...is that [235(b)(2)], not [236(a)], 
VerDate Sep 11 2014 
02:11 Feb 03, 2024
Jkt 049200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6203
E:\BILLS\HR863.RH
HR863
kjohnson on DSK7ZCZBW3PROD with $$_JOB
•HRES 863 RH 
governs the detention of applicants for admission 
whom DHS places in...removal proceedings after in-
spection’’. 
Alejandro N. Mayorkas’s willful and systemic refusal 
to comply with the law has had calamitous consequences 
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 between ports 
of entry. Thereafter, during Alejandro N. Mayorkas’s 
tenure in office, that number skyrocketed 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 ob-
served 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 South-
west border and across the United States have been 
VerDate Sep 11 2014 
02:11 Feb 03, 2024
Jkt 049200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6203
E:\BILLS\HR863.RH
HR863
kjohnson on DSK7ZCZBW3PROD with $$_JOB
•HRES 863 RH 
devastated by the dramatic growth in illegal entries, 
the number of aliens unlawfully present, and substan-
tial rise in the number of aliens unlawfully granted 
parole, creating a fiscal and humanitarian crisis and 
dramatically degrading the quality of life of the resi-
dents of those communities. For instance, since 2022, 
more than 150,000 migrants have gone through New 
York City’s shelter intake system. Indeed, the Mayor 
of New York City has said that ‘‘we are past our 
breaking point’’ and that ‘‘[t]his issue will destroy 
New York City’’. In fiscal year 2023, New York City 
spent 
$1,450,000,000 
addressing 
Alejandro 
N. 
Mayorkas’s migrant crisis, and city officials fear it 
will spend another $12,000,000,000 over the following 
three fiscal years, causing painful budget cuts to im-
portant city services. 
(3) Alejandro N. Mayorkas’s unlawful mass re-
lease of apprehended aliens and unlawful mass grant 
of categorical parole to aliens have enticed an increas-
ing number of aliens to make the dangerous journey 
to our Southwest border. Consequently, according to 
the United Nations’s International Organization for 
Migration, the number of migrants intending to ille-
gally cross our border who have perished along the 
way, either en route to the United States or at the 
VerDate Sep 11 2014 
02:11 Feb 03, 2024
Jkt 049200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6203
E:\BILLS\HR863.RH
HR863
kjohnson on DSK7ZCZBW3PROD with $$_JOB
•HRES 863 RH 
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, 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 exploding 
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 
VerDate Sep 11 2014 
02:11 Feb 03, 2024
Jkt 049200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6203
E:\BILLS\HR863.RH
HR863
kjohnson on DSK7ZCZBW3PROD with $$_JOB
•HRES 863 RH 
expedited removal proceedings and found to have a 
credible fear of persecution, and thus referred to im-
migration judges for removal proceedings, ‘‘signifi-
cantly fewer than 20 percent...were ultimately granted 
asylum’’ and only ‘‘28 percent of cases decided on 
their merits are grants of relief’’. Alejandro N. 
Mayorkas also admitted that ‘‘the fact that migrants 
can wait in the United States for years before being 
issued a final order denying relief, and that many 
such individuals are never actually removed, likely 
incentivizes migrants to make the journey north’’. 
(6) During Alejandro N. Mayorkas’s tenure as 
Secretary of Homeland Security, approximately 
450,000 unaccompanied alien children have been en-
countered at the Southwest border, and the vast ma-
jority have been released into the United States. As a 
result, there has been a dramatic upsurge in migrant 
children being employed in dangerous and exploita-
tive jobs in the United States. 
(7) Alejandro N. Mayorkas’s failure to enforce 
the law, drawing millions of illegal aliens to the 
Southwest border, has led to the reassignment of U.S. 
Border Patrol agents from protecting the border from 
illicit drug trafficking to processing illegal aliens for 
release. As a result, during Alejandro N. Mayorkas’s 
VerDate Sep 11 2014 
02:11 Feb 03, 2024
Jkt 049200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6203
E:\BILLS\HR863.RH
HR863
kjohnson on DSK7ZCZBW3PROD with $$_JOB
•HRES 863 RH 
tenure as Secretary of Homeland Security, the flow of 
fentanyl across the border and other dangerous drugs, 
both at and between ports of entry, has increased dra-
matically. U.S. Customs and Border Protection seized 
approximately 4,800 pounds of fentanyl in fiscal year 
2020, approximately 11,200 pounds in fiscal year 
2021, approximately 14,700 pounds in fiscal year 
2022, and approximately 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 effectively 
unpatrolled as U.S. Border Patrol agents are diverted 
from guarding the border to processing for unlawful 
release the heightening waves of apprehended aliens 
(many who now seek out agents for the purpose of 
surrendering with the now reasonable expectation of 
being released and granted work authorization), 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 Pa-
trol has encountered an increasing number of aliens 
on the terrorist watch list. In fiscal years 2017 
VerDate Sep 11 2014 
02:11 Feb 03, 2024
Jkt 049200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6203
E:\BILLS\HR863.RH
HR863
kjohnson on DSK7ZCZBW3PROD with $$_JOB
•HRES 863 RH 
through 2020 combined, 11 noncitizens on the ter-
rorist watchlist were caught attempting to cross the 
Southwest border between ports of entry. That number 
increased to 15 in fiscal year 2021, 98 in fiscal year 
2022, 169 in fiscal year 2023, and 49 so far in fiscal 
year 2024. 
Additionally, in United States v. Texas, 599 U.S. 670 
(2023), the United States Supreme Court heard a case in-
volving Alejandro N. Mayorkas’s refusal to comply with cer-
tain Federal immigration laws that are at issue in this im-
peachment. The Supreme Court held that States have no 
standing to seek judicial relief to compel Alejandro N. 
Mayorkas to comply with certain legal requirements con-
tained in the Immigration and Nationality Act. However, 
the Supreme Court held that ‘‘even though the federal courts 
lack Article III jurisdiction over this suit, other forums re-
main open for examining the Executive Branch’s enforce-
ment policies. For example, Congress possesses an array of 
tools to analyze and influence those policies [and] those are 
political checks for the political process’’. One such critical 
tool for Congress to influence the Executive Branch to com-
ply with the immigration laws of the United States is im-
peachment. The dissenting Justice noted, ‘‘The Court holds 
Texas lacks standing to challenge a federal policy that in-
flicts substantial harm on the State and its residents by 
VerDate Sep 11 2014 
02:11 Feb 03, 2024
Jkt 049200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6203
E:\BILLS\HR863.RH
HR863
kjohnson on DSK7ZCZBW3PROD with $$_JOB
•HRES 863 RH 
releasing illegal aliens with criminal convictions for serious 
crimes. In order to reach this conclusion, the Court...holds 
that the only limit on the power of a President to disobey 
a law like the important provision at issue is Congress’ 
power to employ the weapons of inter-branch warfare...’’. 
As the dissenting Justice explained, ‘‘Congress may wield 
what the Solicitor General described as ‘political...tools’— 
which presumably means such things as...impeachment and 
removal’’. Indeed, during oral argument, the Justice who 
authored the majority opinion stated to the Solicitor Gen-
eral, ‘‘I think your position is, instead of judicial review, 
Congress has to resort to shutting down the government or 
impeachment or dramatic steps...’’. Here, in light of the in-
ability of injured parties to seek judicial relief to remedy 
the refusal of Alejandro N. Mayorkas to comply with Fed-
eral immigration laws, impeachment is Congress’s only via-
ble option. 
In all of this, Alejandro N. Mayorkas willfully and sys-
temically refused to comply with the immigration laws, 
failed to control the border to the detriment of national secu-
rity, 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 
VerDate Sep 11 2014 
02:11 Feb 03, 2024
Jkt 049200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6203
E:\BILLS\HR863.RH
HR863
kjohnson on DSK7ZCZBW3PROD with $$_JOB
•HRES 863 RH 
and border security, the safety of the United States people, 
and the Constitution if allowed to remain in office, and 
has acted in a manner grossly incompatible with his duties 
and the rule of law. Alejandro N. Mayorkas thus warrants 
impeachment and trial, removal from office, and disquali-
fication to hold and enjoy any office of honor, trust, or prof-
it under the United States. 
ARTICLE II: BREACH OF PUBLIC TRUST 
The Constitution provides that the House of Represent-
atives ‘‘shall have the sole Power of Impeachment’’ and that 
civil Officers of the United States, including the Secretary 
of Homeland Security, ‘‘shall be removed from Office on Im-
peachment for, and Conviction of, Treason, Bribery, or 
other high Crimes and Misdemeanors’’. In his conduct while 
Secretary of Homeland Security, Alejandro N. Mayorkas, 
in violation of his oath to well and faithfully discharge the 
duties of his office, has breached the public trust, in that: 
Alejandro N. Mayorkas has knowingly made false 
statements, and knowingly obstructed lawful oversight of the 
Department of Homeland Security (hereinafter referred to 
as ‘‘DHS’’), principally to obfuscate the results of his will-
ful and systemic refusal to comply with the law. Alejandro 
N. Mayorkas engaged in this scheme or course of conduct 
through the following means: 
(1) Alejandro N. Mayorkas knowingly made false 
statements to Congress that the border is ‘‘secure’’, 
VerDate Sep 11 2014 
02:11 Feb 03, 2024
Jkt 049200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6203
E:\BILLS\HR863.RH
HR863
kjohnson on DSK7ZCZBW3PROD with $$_JOB
•HRES 863 RH 
that the border is ‘‘no less secure than it was pre-
viously’’, 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 ade-
quacy of the vetting of the thousands of Afghans 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 illegal 
aliens. 
(5) Alejandro N. Mayorkas failed to comply with 
multiple subpoenas issued by congressional commit-
tees. 
(6) Alejandro N. Mayorkas delayed or denied ac-
cess of DHS Office of Inspector General (hereinafter 
referred to as ‘‘OIG’’) to DHS records and informa-
VerDate Sep 11 2014 
02:11 Feb 03, 2024
Jkt 049200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6203
E:\BILLS\HR863.RH
HR863
kjohnson on DSK7ZCZBW3PROD with $$_JOB
•HRES 863 RH 
tion, hampering OIG’s ability to effectively perform 
its vital investigations, audits, inspections, and other 
reviews of agency programs and operations to satisfy 
the OIG’s obligations under section 402(b) of title 5, 
United States Code, in part, to Congress. 
Additionally, in his conduct while Secretary of Home-
land Security, Alejandro N. Mayorkas has breached the 
public trust by his willful refusal to fulfill his statutory 
‘‘duty to control and guard the boundaries and borders of 
the United States against the illegal entry of aliens’’ as set 
forth in section 103(a)(5) of the Immigration and Nation-
ality Act. Alejandro N. Mayorkas inherited what his first 
Chief of the U.S. Border Patrol called, ‘‘arguably the most 
effective border security in our nation’s history’’. Alejandro 
N. Mayorkas, however, proceeded to abandon effective border 
security initiatives without engaging in adequate alter-
native efforts that would enable DHS to maintain control 
of the border and guard against illegal entry, and despite 
clear evidence of the devastating consequences of his actions, 
he failed to take action to fulfill his statutory duty to con-
trol the border. According to his first Chief of the U.S. Bor-
der Patrol, Alejandro N. Mayorkas ‘‘summarily rejected’’ 
the ‘‘multiple options to reduce the illegal entries...through 
proven programs and consequences’’ provided by civil serv-
ice staff at DHS. Despite clear evidence of the devastating 
VerDate Sep 11 2014 
02:11 Feb 03, 2024
Jkt 049200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6203
E:\BILLS\HR863.RH
HR863
kjohnson on DSK7ZCZBW3PROD with $$_JOB
•HRES 863 RH 
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 evi-
dence that ‘the termination of MPP has contributed 
to the current border surge’...(citing DHS’s own pre-
vious determinations that MPP had curbed the rate 
of illegal entries)’’. The district court had also ‘‘point-
ed out that the number of ‘enforcement encounters’— 
that is, instances where immigration officials encoun-
ter immigrants attempting to cross the southern bor-
der without documentation—had ‘skyrocketed’ since 
MPP’s termination’’. 
(2) Alejandro N. Mayorkas terminated contracts 
for border wall construction. 
(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 pub-
lic trust by knowingly making false statements to Congress 
VerDate Sep 11 2014 
02:11 Feb 03, 2024
Jkt 049200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6203
E:\BILLS\HR863.RH
HR863
kjohnson on DSK7ZCZBW3PROD with $$_JOB
•HRES 863 RH 
and the American people and avoiding lawful oversight in 
order to obscure the devastating consequences of his willful 
and systemic refusal to comply with the law and carry out 
his statutory duties. He has also breached the public trust 
by willfully refusing to carry out his statutory duty to con-
trol the border and guard against illegal entry, notwith-
standing the calamitous consequences of his abdication of 
that duty. 
Wherefore Alejandro N. Mayorkas, by such conduct, 
has demonstrated that he will remain a threat to national 
and border security, the safety of the American people, and 
to the Constitution if allowed to remain in office, and has 
acted in a manner grossly incompatible with his duties and 
the rule of law. Alejandro N. Mayorkas thus warrants im-
peachment and trial, removal from office, and disqualifica-
tion to hold and enjoy any office of honor, trust, or profit 
under the United States. 
VerDate Sep 11 2014 
02:11 Feb 03, 2024
Jkt 049200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6203
E:\BILLS\HR863.RH
HR863
kjohnson on DSK7ZCZBW3PROD with $$_JOB
VerDate Sep 11 2014 
02:11 Feb 03, 2024
Jkt 049200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6203
E:\BILLS\HR863.RH
HR863
kjohnson on DSK7ZCZBW3PROD with $$_JOB
House Calendar No. 60 
118TH CONGRESS 
2D SESSION 
H. RES. 863 
[Report No. 118–372] 
RESOLUTION 
Impeaching Alejandro Nicholas Mayorkas, Sec-
retary of Homeland Security, for high crimes and 
misdemeanors. 
FEBRUARY 3, 2024 
Reported with an amendment, referred to the House 
Calendar, and ordered to be printed 
VerDate Sep 11 2014 
02:11 Feb 03, 2024
Jkt 049200
PO 00000
Frm 00022
Fmt 6651
Sfmt 6651
E:\BILLS\HR863.RH
HR863
kjohnson on DSK7ZCZBW3PROD with $$_JOB