IV 
118TH CONGRESS 
1ST SESSION 
H. RES. 89 
Impeaching Alejandro Nicholas Mayorkas, Secretary of Homeland Security, 
for high crimes and misdemeanors. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 1, 2023 
Mr. BIGGS (for himself, Mr. DUNCAN, Mrs. MILLER of Illinois, Mr. NORMAN, 
Mr. CLOUD, Ms. GREENE of Georgia, Mr. CRANE, Mrs. BOEBERT, Mr. 
OGLES, Mr. POSEY, Mr. GAETZ, Mr. GOSAR, Mr. CLYDE, Ms. MACE, Ms. 
TENNEY, Mr. GOOD of Virginia, Mr. PERRY, Mr. BURLISON, Mr. BABIN, 
Mr. ROSENDALE, Mr. NEHLS, Mrs. LESKO, Mr. ZINKE, Mr. WEBER of 
Texas, Mr. GROTHMAN, Mr. FALLON, Mr. STEUBE, Mr. JACKSON of 
Texas, and Mr. HERN) submitted the following resolution; which was re-
ferred 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 article of im-
peachment be exhibited to the United States Senate: 
Article 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 
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•HRES 89 IH 
America, against Alejandro Nicholas Mayorkas, Secretary 
of Homeland Security, in maintenance and support of its 
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 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. 
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 oath by failing to maintain oper-
ational control of the border and releasing hundreds of 
thousands of illegal aliens into the interior of the United 
States. 
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•HRES 89 IH 
Secretary Mayorkas has willfully refused to maintain 
operational control of the border as required by the Secure 
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. 
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•HRES 89 IH 
Secretary Mayorkas has willfully violated the Immi-
gration and Nationality Act (8 U.S.C. 1101 et seq.) by 
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 a Notice To Appear for 
immigration proceedings. The Secretary is relying on the 
aliens to report on their own volition to U.S. Immigration 
and Customs Enforcement offices to be placed into re-
moval proceedings, a practice that violates the law and de-
fies logic and common sense. Department of Homeland 
Security data shows that over 80 percent of these released 
illegal aliens are failing to report to a U.S. Immigration 
and Customs Enforcement field office. This practice is in-
tentionally done to keep illegal aliens off of the immigra-
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•HRES 89 IH 
tion court docket and prolong their time in the United 
States unlawfully. 
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 
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 avenue to consider 
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 apprehensions have increased each 
month since he became Secretary. Since February 2021, 
over 4.28 million aliens have been apprehended by U.S. 
Customs and Border Protection personnel at the south-
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•HRES 89 IH 
west land border. This number does not include the in-
creasing number of ‘‘got aways’’, illegal aliens who have 
evaded Border Patrol, of which there have been estimated 
to be between 1,000–2,400 per day. Under Secretary 
Mayorkas, over 300,000 unaccompanied alien children 
have been trafficked to the border, and at least 1,300 ille-
gal aliens have died in attempted crossings. 
Secretary Mayorkas’s open border has left our Nation 
at greater risk of terrorism. In fiscal year 2022, 98 
known-suspected-terrorists were apprehended at the bor-
der, in addition to 9 apprehensions in the first month of 
fiscal year 2023. These record numbers, combined with 
a blatant disregard for national security vetting proce-
dures, are a failure to protect the American people. 
Under Secretary Mayorkas, tens of thousands of ille-
gal alien court cases were dismissed during fiscal year 
2022 after the Department of Homeland Security did not 
properly file notice to appear documents ahead of the 
scheduled court hearings. Secretary Mayorkas has also 
usurped the parole process, especially using humanitarian 
parole to bypass immigration law and ‘‘legally’’ admit 
aliens who intended to cross the border illegally. He has 
abused categorical parole, allowing unprecedented num-
bers of unvetted aliens (particularly Afghans, Ukrainians, 
and Venezuelans) to enter the United States, effectively 
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•HRES 89 IH 
disregarding Congressional enforcement measures and en-
couraging further illegal immigration. 
In addition to increasing the number of illegal aliens, 
Secretary Mayorkas’s policies have led to a significant in-
crease in illegal drug smuggling across the southern bor-
der. In just 2 months of fiscal year 2023, more deadly 
fentanyl has been seized at the border than the entire 
amount in any year on record before. The 14,700 pounds 
seized at the border in fiscal year 2022 is enough to kill 
every American 10 times over. As a result of this, fentanyl 
is now the leading cause of death among people 18–45, 
and opioid deaths are at an all-time high across our Na-
tion. 
The actions of Secretary Mayorkas have made the 
border less secure and encouraged aliens to enter the 
United States illegally, instead of taking actions to main-
tain operational control of the border. His actions have 
subverted the will of Congress and the core tenants of the 
Constitution. 
Wherefore, Alejandro Nicholas Mayorkas, by such 
conduct, warrants impeachment and trial, and removal 
from office. 
Æ 
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