house wmers presented articles of impeachment against homeland securyecretary mayorkas to the senate marking thfirst step in and impeachment trial after entering the senate chamber the tennessee representative mark green the leading impeachment manager right of the charges against the secretary accusing hi o failing to comply with t wall and breach o public trust. a sec. mayorkas use only the second cabinet secretary to be impeached by the house. the last time was 1876.

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the majority leader is recognized. >> led to the court on the call be dispensed with. >> without objection.

the impeachment trial of the secretary of homeland security. >> the message will be received and the senate takes notice of the action by the house. madam president and members of the senate i announce the presence of managers on the part of the house of representatives

conducts proceedings on behalf of the house concerning the impeachment of the secretary of homeland security. at the managers on the part of the house will be received and asked into the well of the senate. the sergeant at arms will make

the proclamation. >> all persons are commanded to keep silence on pain of imprisonment while the house of representatives is exhibiting to the senate of the united states articles of impeachment against alejandro mayorkas, secretary of homeland security. >> the managers on the part of the house will proceed. >> mr. president, the managers on the part of the house of representativesta are present ad ready to present the articles of impeachment that have been referred by the house against alejandro mayorkas, sec. of the department of homelanddo securi. the house adopted the following resolution which will with permission of the senate i will read 995.

resolved that mr. greene of tennessee, mr. mccollum, mr. biggs, mr. higgins, mr. klein, mr. guest, ms. green of georgia, ms. lee of florida are appointed managers to conduct the trial against alejandro mayorkas secretary of homeland security in a message be sent to the senate to inform the senate of these appointments and the managers so appointed mayy in connection with the preparation and conduct of the trial exhibit the articles to the senate and take all necessary actions which may include the following, one, employing legal, clerical and other necessary assistance and incurring such other expenses as be necessary to be paid from amounts available to the committee under applicable expense resolutions were for the applicable amounts of the house of representatives. ascending for persons and papers and filing with the secretary of the senate on the part of the

house pleadings and conjunction with or w subsequent to the exhibition of the articles of impeachment that the managers consider necessary. with the permission of the senate i will now read the articles of impeachment. house resolution 863. resolved n that alejandro mayorkas, secretary of homeland security of the united states is impeachedd for high crimes and misdemeanors in the following articles be sent to the senate. articles of impeachment exhibited by the house of representatives by the united states and the people of the united states of america against alejandro mayorkas, sec. of homeland security of the united states of america and maintenance and support of its impeachment against him for high crimes and misdemeanors. article one, willful and systemic refusal to comply with the law. the constitution provides that

the house of representatives, quote, shall have the sole power ofch impeachment and that civil officers of the united states including the secretary of homeland security, quote, shall be removed from office on impeachmentt for and conviction of treason, bribery or other high crimes and misdemeanors. in his conduct while secretary of homeland security alejandro mayorkas in violation of his oath to support and defend the constitution 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 willfully and systemically refused to comply withus the federal immigration laws in that. throughout his tenure as the secretary of homeland security, alejandro mayorkas has repeatedly violated laws enacted by congress regarding immigration and border security. in large part because of his unlawful conduct, millions of

aliens have illegally entered the united states on an annual basis w 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 country. despite clear evidence that the willfully of systemic refusal to comply has significantly contributed to unprecedented levels of illegal immigrants, interns, the increased control of the southwest border by drug cartels and the imposition of the enormous costs on states and localities affected by the influx of aliens, alejandro mayorkas has continued in his refusal to comply with the law and thereby acted to the grave detriment and interest to the united states. alejandro mayorkas engaged in this scheme or course of conduct

through the following means. one, alejandro mayorkas willfully refused to comply with the detention mandate set forth in section 235b to a of the immigration and nationality act requiring that all applicants for admission a who are not clearly and beyond a doubt entitled to be admitted to shall shall bedetained for a removal proceeding instead of complying with theom requirement, alejando mayorkas implemented a catch and release scheme whereby such aliens were unlawfully released even without effective mechanisms to ensure appearances before the courts for removal proceedings are to ensure removal in the case of aliens removed. number two, alejandro mayorkas willfully refused to comply with the detention mandate set forth in section 235 b1 b2 of such act requiring that an alien who is

placed into expedited removal proceedings thatat determined to have a credible fear of persecution, quote, shall be detained for further consideration of the application for asylum. instead of complying with of the requirement, alejandro mayorkas implemented a catch and release scheme whereby such aliens were unlawfully released even without effectiveec mechanisms to ensure appearances before the immigration courts removal. proceedings are to ensure removal in the case of aliens removed. number three, alejandro mayorkas willfully refused to comply with the detention set forth in section 235 b1 b3 of such act requiringho that an alien who is placed into expedited removal proceedings and determined not to have a credible fear of persecution, quote, shall be detained until removed, end of quote instead of complying with the requirement, alejandro mayorkas has implemented a catch and release scheme whereby such

aliens are s unlawfully released even without effective mechanisms to ensure appearance before the courts for the removalur proceedings were to ensure removal in thehe case of aliens ordered removed. number four, alejandro mayorkas willfully refused to comply with the detention mandate set forth in section 236c of such act requiring that c a criminal alin who is inadmissible or deported on certain criminal and terrorism related grounds, quote, shall be taken into custody. when the alien is released from law enforcement custody instead of complying with this requirement, alejandro mayorkas issued, quote, guidelines for the enforcement of civil immigration law, which instructs the department of homeland security hereinafter referred to as dhs officials that, quote, the individuals of removable noncitizens should not alone be the r basis of an enforcement action against them and that

dhs, quote, personnel should not rely on the fact that conviction alone. even with respect to aliens, subject to mandatory arrest and detention pursuant to section 236 of such act to take them into t custody. texas versus the united states, 40f2052022, the united states court of appeals for the fifth circuit concluded that these t guidelines had, quote, every indication of being a general policy that is so extreme as to the amount of an abdication of statutory responsibility,," and that is replacement of congresses statutory mandates with concerns of equity and extralegal and plainly outside of the boundaries of the power conferred by the ina. number five, alejandro mayorkas willfully refused to comply with the detention mandate set forth in section 241a2 of such act

requiring that an alien ordered removed shall be detained during, quote, the removal period. instead of complying with the mandate, alejandro mayorkas issued guidelines for the enforcement of civilat immigratn laws which instructs officials that, quote, the individual of removablee noncitizens should nt 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. number six, alejandro mayorkas willfully exceeded his parole authority set forth in section 212d5 a of such act that permits parole to be granted, quote, only on a case-by-case basis

temporarily and, quote, for urgent humanitarian reasons are significant public benefit, and of quote,ot in that he paroled enaliens and mass in order to release them from mandatory detention despite the fact is the court of appeals concluded in biden 249-28-2021 for rolling every alien dhs cannot detain is the opposite of the case-by-case basis determinations requirede y law. and, quote, the pretended power to aliens while ignoring the limitations congress imposed on the portal power is not mom and enforcement, it is ms. and enforcement, suspension or both.

reopened or expanded a series of categorical programs never authorized by congress for foreign nationals outside of the united states including for certain central american miners, ukrainians, venezuelans, cubans, nicaraguans, salvadorans, guatemalans and hondurans which enabled hundreds of thousands of inadmissible aliens to enter the united states in violation to the laws enacted by congress. alejandro mayorkas willfully exceeded his authority set forth in section 236 a of such act that permits in certain circumstances the release of aliens arrested on an administrative warrant and that he released aliens arrested without a warrant despite there being subject to a separate applicable mandatory requirements set forth in section 235 b2 of such act. alejandro mayorkas released such aliens by retroactively issuing

administrative warrants in an attempt to circumvent section 235 b2 of such act. in florida versus the united states, number 321 cv 1066, tango whiskey bravo of 2023 the united states district court of the northern district of florida noted and i quote this sleight-of-hand using an arrest warrant is a de facto release warrant is administrative sophistry at its worst, and of quote. in addition, the court concluded that, quote, what makes dhs application of 236 a in this manner unlawful is that to 35 b2, not to 36 a governs the detention ofli applicants for admission whom dhs places in removal proceedings after inspection. alejandro mayorkas willfully and systemic refusal to comply with the law has had a calamitous

consequencesor for the nation ad the people of the united states including one during fiscal year 2017 through 2020 and an average of about 590,000 aliens each fiscal year were counted as inadmissible aliens at ports of entry on the southwest border or apprehended between ports of entry. thereafter, during the tenure in office, that number skyrocketed to overer a million 400,000 in fiscal year 2021. over 2,300,000 in fiscal year 2022, and over 2,400,000 in fiscal year 2023. similarly, duringy, 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 fiscalal year. during alejandro mayorkas' office, the number more than tripled to 400,000 in

fiscal year 2021, 600,000 in fiscal year 2022, 750,000 in fiscal year 2023. number two, american communities along the southwest border and across the united states have beenen devastated by the growthf illegal immigrants. the substantial rise in the number of aliens unlawfully granted parole creating a fiscal and humanitarian crisis and dramatically degrading the quality of life of residents of those communities, for example, since 2022, more than 150,000 migrants have gone through new york city shelter intake system. indeed the mayor of new york city has said that, quote, we are past our breaking point, and that this issue will destroy new york city and fiscal year 2023

new york city spent $1 billion, 450 million addressing alejandro mayorkas' migrant crisis and city officials. it will spend another $12 billion over the following three fiscal years causing painful budget cuts to important city services. number three, alejandro mayorkas' unlawful mass release of aliens end of the grant of categorical paroledf aliens have enticed an increasing number of aliens to make the dangerous journey to the southwest border. consequentially, according to the united nations and internationalon organizations fr migration, the number of migrants intending to illegally crossy the border who have perished alonglo the way eithern route to the united states were at the border almost doubled during the tenure of alejandro mayorkas. as the secretary of homeland security from an average of about 700 a year during the fiscal years 2017 through 2020, to an average of about 1300 a

year during fiscal year 2021 through 2023. alien smuggling organizations have gained tremendous wealth during the tenure as the secretary of homeland security with their estimated revenues rising from about $500 million in 2018 to approximately $13 billion in 2022. five during alejandro mayorkas' tenure, the immigration court backlog has more than doubled from about 1,300,000 cases to over 3 million cases. the exploding backlog is destroying the courts ability ty to administer justiceis and provide appropriate relief in a timeframe that does not run into years or even decades. as alejandro mayorkas acknowledged, quote, those that have a valid claim to asylum often waited years for the

decision, likewise noncitizens who will ultimately be found in ineligible for asylum or other protections 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 proceedings removal and found to have a credible fear of persecution and thus referred to immigration judges for the removal proceedings, quote, significantlyy fewer than 20% were ultimately granted asylum. and only 28% of cases decided on their merits are granted the granted relief. alejandro mayorkas also admitted 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, and of quote.

during the tenure as the secretary of homeland security, approximately 450,000 unaccompanied alien children have been encountered at the southwest border. andd the vast majority have been released into the united states. as a result, there has been a dramatic upsurge in my my grandchildren being and void and dangerous and exploitive jobs in the united states. seven, alejandro mayorkas' failure to enforce the law drawing millions of illegal aliens to the southwest border has ledo to the reassignment of agents frompatrol protecting the border from illicit drug trafficking to processing illegal aliens for release. as a result, during the tenure as the secretary from land security, other dangerous drugs, both at and between the ports of entry has increased dramatically. 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 23. 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. alejandro mayorkas' degraded public safety by leaving why the wideswaths of the border effecty patrolled as u.s. border patrol agents are diverted from guarding the border to processing foror unlawful releae the heightening waves of apprehended aliens many who now seek agents for the purpose of surrendering with a no reasonable expectation of being released and granted work authorization and federal air

marshals are diverted from protecting the public to assist in such processing. during alejandro mayorkas' tenure as the secretary of homeland security, u.s. border patrol encountered an increasing number on the terrorist watch list in fiscal year 2017 through 2020 combined 11 noncitizens on the terrorist watch list were caught attempting to cross the southwest border between ports of entry. the number increased to 15 in fiscal year 2021, 98 in fiscal year 22, 169 in fiscal year 2023 and 49 so far in fiscal year 24. additionally in the united states versus texas, 599 u.s. 670-2023, the united states supreme court heard a case involving alejandro mayorkas' refusal to comply with certain federal immigration laws that

are in issue in this impeachment. the supreme court held that the states have no standing to seek judicial relief to compel alejandro mayorkas to comply with certain legal requirements contained in the immigration and nationality act. however, the supreme court held that, quote, even though the federal courts lack the article three jurisdiction, other forms remain open, for examining the branches enforcement policies. for example, congress possesses an arrayna of tools to analyze d influence the policies and those are political checks for the political process. one such tool to influence the branch to comply with the immigration laws of the united states is impeachment. the dissenting justice noted, and i quote, the court holds texas lack of standing to understanding the federal policy that is the harm of the state

and its residents by releasing illegall aliens with criminal convictions for serious crimes to reach the conclusion the court holds that the only limit on the power of the president to disobey a law like the important provisions that issue in congress' power to employ the weapons of interbranch warfare and is the dissenting justice explained, quote, congress may wield with a the solicitor genel described as political tools which presumably means such things as impeachment and removal. indeed, during oral arguments, the justice who authored the majority opinion stated to the solicitor general, and i quote, i think your position is instead of judicial review, congress has to resort to shutting down the government or impeachment, both dramatic steps. here in light of the inability of an injured party to seek judicial relief to remedy the

refusal of alejandro mayorkas to comply with federal immigration laws, impeachment is congresses only viable option. in all of this, alejandro mayorkas willfully and systemically refused to comply with the immigration law and failed to control the border to the detriment of national security compromising public safety and violated the rule of law and separation of powers in the constitution to the manifest injury ofun the people of the united states. wherefore alejandro mayorkas by such conduct has demonstrated that he will remain a threat to national you do border security, the safety of the united states people and the constitution if allowed to remain in office and has enacted in a manner grossly incompatible with his duties and the rule of law. alejandro mayorkas does bus warrant impeachment and trial removal from office and disqualification to hold and enjoy any office of honor, trust

and profit under the united states. article two, breach of public trust. the constitution provides that the house of representatives 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 an impeachment for and conviction of treason, bribery or other high crimes and misdemeanors. in his conduct while the secretary ofof homeland securit, alejandro mayorkas in violation of his oath to well and faithfully discharge the duties of his office has breached the public trust in that alejandro mayorkas has knowingly made false statements and knowingly obstructed oversight of the department off homeland security after referred to as dhs to

obligatell the willful and systemic refusal to comply with the law. alejandro mayorkas engaged in this scheme of course or course of conduct through the following means. one, alejandro mayorkas knowingly made false statements to congress that the border is, quote, secure, that it is, quote, no less secure than it was previously, end of quote, that the border is closed, and that dhs has, quote, operational control ofti the border into the term is defined in the secure defense act of 2006. number two, alejandro mayorkas knowingly made false statements togr congress regarding the scoe and adequacy of vetting of the thousands of afghans who were airlifted to the united states and then granted parole following the developing takeover of afghanistan after president biden's precipitous withdrawal of the united states forces. ..hampering oig's ability

to effectively perform vital investigations, audits, inspections and other reviews of agency programs and operations to satisfy the oig's obligations under section 402b of title 5. united states code in part to congress. additionally in his conduct while secretary of homeland

security, alejandro n mayorkas has breached the public trust by willful refusal to fulfill his statutory duty to control, quote, duty to control and guard hethe boundaries and borders of the united states against the illegal entry of aliens, end quote asset forth in section 10385 of the immigration and nationality act. alejandro n mayorkas inherited what his first chief of the u.s. border patrol called, quote, arguably the most effective border security in our nation's history, end quote. alejandro n mayorkas, however, proceeded to abandon effective border security initiatives without engaging in adequate alternative initiatives withouto 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 devastating consequences of his

actions he failed to take action to fulfill his statutory duty to control the border. according to his first chief of the u.s. border patrol alejandro n mayorkas, quote, rejected, end quote, the quote, multiple options to reduce the illegal entries through proven programs and consequences, end quote, provided by civil service staff at dhs. despite clear evidence of the devastating consequences of his actions, he failed to take action too fulfill his statutory duty to control the border and that among other things alejandro n mayorkas terminated the migrant protection protocols hereinafter referred to as mpp. in texas versus biden 949-2221 united states court of appeals for the fifth circuit explains that, quote, the district court point today evidence that the termination of mpp has

contributed to the current border surge citing dhs's own previous determinations that mpp had curved the rate of illegal entries, end quote. the district had also pointed out enforcement encounters, instances where immigration officials encounter immigrants the southern cross border without documentations has skyrocketed since mpp's termination, end quote. two, alejandro m mayorkas terminated contracts for border control. in all of this, alejandro n mayorkas breached the public trust by knowingly making false statements to congress and the american people and avoiding lawful oversight in order to obscure the devastating consequences of his willful and systematic refusal to comply

with the law and carry out his statutory duties. he has also breached the public trust by willfully refuse to go carry out his statutory duty, to control the border and guard against illegal entry. not withstanding advocation of that duty, wherefor alejandro n mayorkas by such conduct demonstrated he will remain a threat to border security, the safety of american people and the constitution if allow today remain in office and acted in a manner grossly impattable with 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 and profit under the united states. mr. president, that completes thees exhibition of the articles of impeachment against alejandro nicholas mayorkas, secretary of the department of homeland

security. manager's request the senate take order for the trial and the managers now request lead to withdrawal. >> that would be, madame president, thank you, mr. greene. the senate will dually notify the house of representatives when it isofn ready to proceed. >> madame president. >> majority leader.

>> under impeachment rules senators will be sworn in as jurors tomorrow at 1:00 p.m. and i note the absence of a quorum. >> the clerk will call the roll [inaudible conversations]

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