Impeaching Alejandro Nicholas Mayorkas, Secretary of Homeland Security, for high crimes and misdemeanors.

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- 1 retary of Homeland Security, is impeached for high crimes 2 and misdemeanors and that the following articles of im- 3 peachment be exhibited to the United States Senate: 4 Articles of impeachment exhibited by the House of 5 Representatives of the United States of America in the 6 name of itself and of the people of the United States of 7 America, against Alejandro Nicholas Mayorkas, Secretary 8 of Homeland Security, in maintenance and support of its 9 VerDate Sep 11 2014 19:53 Jan 10, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\HR8.IH HR8 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HRES 8 IH impeachment against him for high crimes and mis- 1 demeanors. 2 ARTICLE I.—In his conduct while Secretary of Home- 3 land Security of the United States, Alejandro Nicholas 4 Mayorkas, in violation of his constitutional oath, engaged 5 in a pattern of conduct that is incompatible with his duties 6 as an Officer of the United States, as follows: 7 Article II of the Constitution tasks the Executive 8 branch, which today includes the Secretary of Homeland 9 Security, with ensuring the laws passed by Congress and 10 signed into law by the President are faithfully executed. 11 Specifically, the Secure the Fence Act of 2006 (Public 12 Law 109–367) requires the Secretary of Homeland Secu- 13 rity to ‘‘maintain operational control over the entire inter- 14 national land and maritime borders of the United States’’. 15 The term ‘‘operational control’’ is defined as ‘‘the 16 prevention of all unlawful entries into the United States, 17 including entries by terrorists, other unlawful aliens, in- 18 struments of terrorism, narcotics, and other contraband’’. 19 Over 5,500,000 illegal aliens have crossed our south- 20 ern border under the leadership of Secretary Mayorkas. 21 There have now been 20 straight months with over 22 150,000 illegal border crossings. Secretary Mayorkas has 23 presided over a 180-percent increase in encounters at the 24 southern border compared to the previous administration. 25 VerDate Sep 11 2014 19:53 Jan 10, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\HR8.IH HR8 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HRES 8 IH In fiscal year 2022, 98 individuals on the Terrorist 1 Screening Database (TSDB) were apprehended at the 2 southern border, more than during the previous 5 years 3 combined. In total, more than 100 individuals on the 4 TSDB have been apprehended under Secretary Mayorkas. 5 Under Secretary Mayorkas, more fentanyl has 6 crossed the border in the last 2 months than in all of fiscal 7 year 2019 under President Trump’s leadership. In fiscal 8 year 2022, over 14,000 pounds of poisonous fentanyl was 9 seized at the southern border. Fentanyl overdoses are the 10 number one cause of death for individuals ages 18 to 45 11 nationwide. 12 Under Secretary Mayorkas, the Department of 13 Homeland Security is also in violation the Immigration 14 and Nationality Act (8 U.S.C. 1101 et seq.). This Act re- 15 quires the Department of Homeland Security to detain in- 16 admissible aliens arriving in the United States or aliens 17 who are present in the United States without inspection 18 until processed. In violation of the law, Secretary 19 Mayorkas implemented catch-and-release directives such 20 as the Notice to Report process and the parole plus Alter- 21 natives to Detention process. Through these misguided 22 programs, over 1,000,000 illegal aliens have been reck- 23 lessly released into the interior of the United States. 24 VerDate Sep 11 2014 19:53 Jan 10, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\HR8.IH HR8 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HRES 8 IH Secretary Mayorkas has undermined the operational 1 control of our southern border and encouraged illegal im- 2 migration by doing the following: 3 (1) Terminating contracts for additional border 4 wall construction, in contradiction of Congressional 5 appropriations. 6 (2) Ending the Migrant Protection Protocols, 7 also known as ‘‘Remain in Mexico’’, which was an 8 indispensable tool to address the border crisis and 9 restore integrity to the immigration system. 10 (3) Attempting to eliminate title 42 authority, 11 a critical tool enabling the U.S. Customs and Border 12 Protection to quickly expel illegal aliens. 13 Secretary Mayorkas has violated the law and gravely 14 endangered the national security of the United States 15 through these actions. 16 Wherefore, Alejandro Nicholas Mayorkas, by such 17 conduct, warrants impeachment, trial, removal from of- 18 fice, and disqualification to hold and enjoy any office of 19 honor, trust, or profit within the United States Federal 20 Government. 21 ARTICLE II.—In his conduct while Secretary of 22 Homeland Security of the United States, Alejandro Nich- 23 olas Mayorkas, in violation of his constitutional oath, will- 24 VerDate Sep 11 2014 19:53 Jan 10, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\HR8.IH HR8 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HRES 8 IH fully provided perjurious, false, and misleading testimony 1 to Congress, as follows: 2 On April 28, 2022, during a House Judiciary Com- 3 mittee hearing, Congressman Chip Roy of Texas asked 4 Secretary Mayorkas, ‘‘Will you testify under oath that we 5 have operational control of the border?’’. 6 Under oath, Secretary Mayorkas responded, ‘‘Yes we 7 do’’. 8 On November 15, 2022, during a House Homeland 9 Security Committee hearing, Congressman Dan Bishop of 10 North Carolina asked, ‘‘Secretary Mayorkas, do you con- 11 tinue to maintain that the border is secure?’’. 12 Under oath, Secretary Mayorkas responded, ‘‘Yes, 13 and we are working day in and day out to enhance secu- 14 rity, Congressman’’. 15 As previously described, the term ‘‘operational con- 16 trol’’ is defined as ‘‘the prevention of all unlawful entries 17 into the United States, including entries by terrorists, 18 other unlawful aliens, instruments of terrorism, narcotics, 19 and other contraband’’. 20 Section 1621 of title 18, United States Code, stipu- 21 lates that anyone who ‘‘willfully and contrary to such oath 22 states or subscribes any material matter which he does 23 not believe to be true’’ is guilty of perjury and shall be 24 fined or imprisoned up to 5 years, or both. 25 VerDate Sep 11 2014 19:53 Jan 10, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\HR8.IH HR8 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •HRES 8 IH The record-breaking number of illegal alien encoun- 1 ters, including over 1,000,000 known ‘‘gotaways’’, as well 2 as the record seizures of deadly fentanyl and other contra- 3 band, prove that Secretary Mayorkas has not ensured 4 operational control of the southern border. 5 Secretary Mayorkas clearly committed perjury on 6 multiple occasions before Congress. 7 Wherefore, Alejandro Nicholas Mayorkas, by such 8 conduct, warrants impeachment, trial, removal from of- 9 fice, and disqualification to hold and enjoy any office of 10 honor, trust, or profit under the United States. 11 ARTICLE III.—In his conduct while Secretary of 12 Homeland Security of the United States, Alejandro Nich- 13 olas Mayorkas knowingly slandered his own hardworking 14 Border Patrol agents and mislead the general public, as 15 follows: 16 On September 19, 2021, approximately 15,000 Hai- 17 tian migrants had crossed the border from Mexico into 18 the United States and were concentrated in an encamp- 19 ment underneath the international bridge from Mexico to 20 the Del Rio, Texas, Port of Entry (POE), and sur- 21 rounding areas. 22 Mounted Border Patrol agents and troopers with the 23 Texas Department of Public Safety (TXDPS) dispersed 24 a large group of migrants gathered near a boat ramp lo- 25 VerDate Sep 11 2014 19:53 Jan 10, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\HR8.IH HR8 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •HRES 8 IH cated along the side of the United States of the Rio 1 Grande River, approximately three-tenths of a mile east 2 of the Del Rio POE. They then attempted to stop the flow 3 of all migrants illegally crossing the river into the United 4 States at that location. 5 Within hours of the incident, images and video sur- 6 faced on social media that showed multiple Border Patrol 7 agents on horseback using their horses to keep several ille- 8 gal immigrants from entering the United States after 9 crossing the Rio Grande in Del Rio, Texas. 10 Extremist liberal activists rushed to judgement and 11 falsely accused the agents of ‘‘whipping’’ the illegal immi- 12 grants with their horse reins. Some went so far as to make 13 the disgusting false equivalency to slavery. 14 President Joe Biden publicly repeated the slanderous 15 claim saying ‘‘To see people treated like they did . . . peo- 16 ple being strapped–it’s outrageous. I promise you, those 17 people will pay’’. 18 Vice President Kamala Harris said ‘‘Human beings 19 should not be treated that way, and as we all know, it 20 also evoked images of some of the worst moments of our 21 history where that kind of behavior has been used against 22 the indigenous people of our country, has been used 23 against African Americans during times of slavery’’. 24 VerDate Sep 11 2014 21:21 Jan 10, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\HR8.IH HR8 pbinns on DSKJLVW7X2PROD with $$_JOB 8 •HRES 8 IH Secretary Mayorkas supported the Biden administra- 1 tion’s false narrative that Border Patrol agents whipped 2 Haitian migrants, even after he had been alerted by subor- 3 dinates the narrative was false. 4 On September 24, 2021, the Department of Home- 5 land Security Assistant Secretary for Public Affairs, Mar- 6 sha Espinosa, emailed Secretary Mayorkas a news article 7 that said the photographer who took the images did not 8 see the agents whipping anyone. 9 That same day, Secretary Mayorkas participated in 10 a White House press conference during which he publicly 11 and falsely slandered these agents. Secretary Mayorkas 12 called the images ‘‘horrifying’’ and an example of ‘‘sys- 13 temic racism’’. 14 A 511-page report by the U.S. Customs and Border 15 Protection’s Office of Personal Responsibility found ‘‘no 16 evidence that [Border Patrol agents] involved in this inci- 17 dent struck, intentionally or otherwise, any migrant with 18 their reins’’. 19 Secretary Mayorkas slandered his own Border Patrol 20 agents and TXDPS Troopers involved in this incident, 21 contributing to a further decrease in already-low morale 22 among agents. 23 Wherefore, Alejandro Nicholas Mayorkas, by such 24 conduct, warrants impeachment, trial, removal from of- 25 VerDate Sep 11 2014 19:53 Jan 10, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\HR8.IH HR8 pbinns on DSKJLVW7X2PROD with $$_JOB 9 •HRES 8 IH fice, and disqualification to hold and enjoy any office of 1 honor, trust, or profit under the United States. 2 Æ VerDate Sep 11 2014 19:53 Jan 10, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6301 E:\BILLS\HR8.IH HR8 pbinns on DSKJLVW7X2PROD with $$_JOB