campaigns and more from the world of politics all at your fingertips. you can also stay current with the latest episodes of "washington journal" and find schedule information for c-span's tv networks and c-span radio radio app plus a variety of compelling podcast. c-span now is available at the apple store and google play. scan the qr code to download it for free today or visit our website c-span.org/c-span now. c-span now your privacy to washington anytime anywhere. >> hou lmox present articles of impeachment against homeland secret he secretary alejandro mayorkas to t senate marking th fst step in an impeachment trl. after entering the senate chamber tennessee representative mark green the leak impeachment manager read the charges against th sretary accusing him of failing to comply with the law and breach of public trust. secretary mayorkas is one of t

second cabinet seconded impeached by the u.s. house. the last time was in 1876. [background sounds] [background sounds] [background sounds]

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[background sounds] [background sounds] >> majority leader is recognize recognized. >> let the quorum call be dispensed with. >> without b objection.

>> mr. clerk. >> i've been directed by the house back to it from the sent the house has agreed house resolution 985, the appointing and authorizing the impeachment managers for the impeachment trial of alejandro nicholas mayorkas, secretary of homeland security. >> the message will be received and the senate take notice of the action by the house.

>> madam president, amendment of the senate, i announced the presence of energy on the house of representatives to conduct proceeds our behalf of the house concerning the impeachment of alejandro nicholas mayorkas, secretary of homeland security. >> the managers on the part of the house will be received and escorted to the well of the senate.

>> the sergeant at arms will make. >> hear ye, hear ye, hear ye. all persons are commanded to keep silent on pain of imprisonment while the house of representatives is exhibiting to the senate of the united states articles of impeachment against alejandro nicholas mayorkas, secretary homeland security. >> and managers on the part of the house will proceed. >> mr. president, the managers on the part of the house of representatives are present and ready to present the articles of impeachment, which have been preferred by the house ofou representatives against alejandro nicholas mayorkas, secretary of the department of homeland security. the house adopted the following

resolution with permission of the senate i will reade, house resolution 995. resolved that mr. green fmc, mr, mr. higgins of louisiana, mr. cline, mr. guest,e mr. garbarino, ms. greene of georgia, mr. pflueger, ms. ackerman and busily afloat are appointed managers to conduct the impeachment trialag against alejandro nicholas mayorkas concept of homeland security, data message is sent to the center for the sin of these appointments and that the managersra so appointed may in connection with the preparation and the conduct ofex the trial exhibit the articles of impeachment 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 may be necessary to be paid from amounts available to the committee on homeland security and applicable expense of resolutions, or for the

applicable amount of the house of representatives. two, sitting for persons of pedophile with the second of the senate on the part of the house of representatives in the pleadings in conjecture with our subsequent to the exhibition of the articles of impeachment that the managers considered necessary. with the permission of the senate i will nowth read t the articles of impeachment. house resolution 863. resolved, a that alejandro nicholas mayorkas, secretary of homeland security, of the united states of america, is impeached for high crimes and misdemeanors and at the following articles of impeachment 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 in the people of the united states of america against alejandro n. mayorkas, secretary of homeland secret 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 of impeachment end quote and that civil officers including the secretary of homeland security culture movement from office on impeachment for an conviction of treason, bribery or other high crimes and misdemeanors. in this conduct while secretary of homeland security, alejandro n. mayorkas in violation of his oath to support and defend the constitution of the united states against all enemies foreign and domestic, to bear true faith and a allegiance to e same and f to well and faithfuly discharge the duties of his office has willfully and systemically refused to comply with the federal immigration laws in that. throughout his tenure as secretary of homeland security, alejandro n. mayorkas has

repeatedly violated laws enacted by congressla regarding immigration and border securityn in large part because it's unlawful conduct millions of aliens have illegally enteredth 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 direct impact on communities across the country. despite clear evidence that is willful and systemic refusal to comply with all have significantlygn contributed to unprecedented levels of illegal immigrants -- entrance, the increased control of the southwest border by drug cartels andd imposition of enormous coss 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 tori the grave detriment o the interest of the united states. alejandro n. mayorkas engaged in course of conduct through the following means. one, alejandro n. mayorkas willfully refuse 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 who are quote not clearly and beyond a doubt entitled to be admitted shall be detained for removal proceeding, end quote. instead of complying with this requirement alejandro n. mayorkas implemented a catch and release scheme where such aliens were unlawfully released even without effective medicines o ensure appearance before the immigration courts from over proceedings are tos ensure removal in the case of aliens ordered removed.

two, alejandro n. mayorkas willfully refuse to comply with the detention mandate set forth in section 235(b)(1)(b)(2) of such act requiring that an alien who is placed in x i'd removal proceedings and to mcafee credible fear of persecution quote shall be detained for further consideration of the application for asylum end quote. pathetic with this requirement alejandro n. mayorkas implement nda catch and release scheme and whereby such aliens were unlawfully 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. three, alejandro n. mayorkas willfully refused to comply with the detention set forth in section 235 b1 e3, four of such act requiring that an alien first place and expert in removal proceedings and determined not to have a credible fear ofn, persecution quote shall be detained until

removed, end quote. instead of with this requirement, alejandro n. mayorkas has 11 a catch and release scheme whereby such aliens are unlawfully released even without effective mechanism to ensure appearance before the immigration courts for removal proceedings or to ensure removal in the case of aliens ordered removed. four, alejandro n. mayorkas willfully refused to comply with the detention mandate set forth in section 230 6c of such act requiring that a criminal alien who is inadmissible or the portable on certain criminal and terrorism related grounds quote, shall be taken into custody, end quote. when he alien is from law enforcement custody. instead comply with this requirement, alejandro n. mayorkas issued quote guidelines for the enforcement of civil laws, end quote, which instructs department of homeland security hereinafter

referred to as dhs, officials that the quote, individuals removal noncitizen should not be the basis of an enforcement action against them, end quote. at that dhs, , quote, personnel should not rely on the fact of conviction alone, end quote. even with respect to aliens subject to mandatory arrest a ad detention pursuant to section 236(c) of such act to take them into custody. in texas versus the united states, 40f 205-2022, the united states court of appeals for the fifth circuit concluded that these guidelines had, quote, every indication of being a general policy that is so extreme as to amount to an abdication of statutory responsibility, , end quote. and that is, vote, replacement of congress' statutory mandates with concerns of equity and race this actually got a the bounds

of the power conferred by the i&a, end quote. number five, alejandro n. mayorkas willfully refuse to comply with the detention mandate set forth in section 24182 of such act requiring that an alien ordered removed quote shall be detained quote during quote removal period end quote. instead complying with this mandate, alejandro n. mayorkas issued quote guidelines fore enforcement of civil immigration laws end quote which instructs dhs officials that the quote fact individuals removal noncitizen should not alone. basis of an enforcement action against them, end quote, at that dhs quote, personnel should not rely on the fact of conviction alone, end quote. even with respect to aliens subject to mandatory detention and removal pursuant to section 241a of such act. six, alejandro n. mayorkas willfully exceeded his parole authority set forth in section

212 of such act that permits parole to be granted quote, , oy on a case-by-case basis, end quote, temporarily end quote, urgent humanitarian reasons or significant public benefit, end quote, and that, alejandro n. mayorkas paroled aliens en masse in which release them for mandatory detention despite the fact that as the united states court of appeals for the fifth circuit conclude in texas versus biden 20f928, 2021 quote, rolling every alien dhs cannot detain is the opposite of the case-by-case basis b determinations required by law, end quote. and, oh, dhs' pretended power to pull aliens while ignoring the limitations congress imposed on the perl power of is not non-enforcement.

it is missed enforcement, suspension of the i&a or both. b. alejandro n. mayorkas created, nereopen or expanded a series of categorical parole programs never authorized by congress foi foreign nationals outside the united states, including for certain and central american minors, ukrainians, venezuelans, cubans, haitians, nicaraguans, colombians, salvadorans, guatemalans and hondurans which enable hundreds of thousands of admissible aliens to enter the united states in violation to the laws enacted by congress. alejandro n. mayorkas willfully exceeded his release authority set forthho in section f such act that permits in certain circumstances the release of aliens arrested on administrative warrant and that alejandro n. mayorkas released aliens arrested without a warrant despite there being subject to a separate e

mandatory detention requirement set forth in section 235(b)(2) of such act. alejandro n. mayorkas release such aliens by retroactively issuing administrative warrant in an attempt to circumvent section 235(b)(2) of such act. in florida versus the united states, number 321 cd 1066, tango kilo whiskey to low charlie bravo, northern district of florida march 8, 2023, the united states district court of the northern district of florida noted and i quote, this sleight of hand using an arrest warrant as a de facto release warrant is administrative sophistry at its worst, end quote. in addition, , the court conclud that, oh, what makes dhs' application of 236(a) in this manner unlawful is that 235 b2, not to 30 6a governs the detention of applicants for

admission whom dhs places in removal proceedings after inspection. alejandro n. mayorkas willful and systemic refusal to comply with the law has had a calamitous consequences for the nation and the people of the united states including com1, during fiscal year 2017-2020 an average of about 590,000 aliens each fiscal year were encountered as an admissible aliens at ports of entry on the southwest border or apprehended between ports of entry. thereafter, during alejandro n. mayorkas' tenure in office that number skyrocketed to over 1 million in cisco 20 thank you, madam 20 th, madam president, over 2,300,000 in fiscal year 2022, and over 2,400,000 in fiscal year 2023. similarly, during fiscal years 2017-2020 an average of 130,000 persons were not turned back 30,000 persons were notn turned

back or apprehended after making an illegal entry were observed along the border each fiscal year. during alejandro n. mayorkas' tenure in office that number more than troubled to more than 400,000 in fiscal year 2021, 600,000 in fiscal year 2022, 750,000 in fiscal year 2023. two, american committees both along the southwest border and across the united states have been devastated by the dramatic growth in illegal entrants. the number of aliens unlawfully present and substantial rise in the number of aliens unlawfully granted parole, creating a fiscal andnd unity in crisis and dramatically degrade the quality of life of residence of those communities. for example, since 2020 to more than 150,000 migrants have gone through new york city shelter intake system. indeed the mayor of newor york city has said that, quote, with

our past are breaking point, end quote. andd that, quote, this issue wil destroy new york city, end quote. in fiscal year 2023 new york city spent $1.459 addressing alejandro n. mayorkas' migrant crisis, and city officials fear it will spend spent anothr $12 billion from the following three fiscal years causing painful budget cuts to important city surfaces. three, alejandro n. mayorkas' unlawful mass release of apprehended aliens and unlawful mass grant of categorical parole to aliens have enticed an increasing number of aliens to make the dangerous journey to our southwest border. consequently, according to the united nations international organization for migration, the number of migrants intending to illegally cross our borders who have perished along the way either in route to the united states or at the border almost doubled during the tenure of

alejandro n. o mayorkas as secretary of homeland security from a average about 700 a year during the fiscal years 2017-2020, to an average of about 1300 a year during fiscal year 2021-2023. alien -- four, alien smuggling organizations have gained ltremendous wealth during alejandro n. mayorkas' tenure as secretary of homeland security with their estimated revenues rising from about $500 million in 2018, to approximate $13 billion in 2022. five, during alejandro n. mayorkas' tenure as secretary of homeland security, the immigration court backlog has more than doubled from about 1 million 300,000 cases to over 3 million cases. the exploding backlog is destroying the court's ability to administer justice and provide appropriate relief and a type and it does not run into

years or even decades. as alejandro n. mayorkas acknowledged, coal, those who have a valid claim to a silent often wait years for decision. likewise, noncitizens who will ultimately be found ineligible for assignment or other protection which occurs in the majority of cases often have spent many years in the united states prior to being ordered removed, end quote. he noted that of aliens place an expedited removal proceedings and founder of a credible fear of persecution and those referred to immigration judges for removal proceedings, , quot, sadistically fewer than 20% were ultimately granted asylum, end quote. and only quote, , 20% of cases decide on theirir merits are granted, are grants of relief. alejandro n. mayorkas also admitted, quote, 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, end quote. during alejandro n. mayorkas' tenure as secretary of homeland security, approximately 450,000 unaccompanied alien the children have been encountered at then southwest border. and the vast majority have been released into the united states. as a result there has been a dramatic upsurge in migrant children being employed in dangerous and exploitive jobs in the united states. seven, alejandro n. mayorkas' failure to enforceor the law drawing millions of illegal aliens to theie southwest border have 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' tenure as secretary of homeland security, the flow of fentanyl across the border and other dangerous drugs both at, at and between ports of entry

has increase dramatically. u.s. customs and border protection seized approximately 4008 in pounds the fentanyl in tokyo 2020,0, approximately 11,r 2021, approximately 14,700 pounds in fiscal year '22, and approximately 27,000 pounds in fiscal year '23. over 70,000 americans died from fentanyl poisoning in 2022, and fentanyl swr one killer of americans between the ages of 18-45. eight, alejandro n. mayorkas has degraded public safety by leaving wide swaths of the border effectively uncontrolled at 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. add federal air marshals are diverted from protecting the flying public to assist in such processing. nine, during alejandro n. mayorkas' tenure as second of homeland security, u.s. border patrol has encountered an increasing number of aliens on the terror watch list. in fiscal years 2017-2020, noncitizens on the terror watch list were caught attempting to cross the southwest border between ports of entry. that number increased to 15 in fiscal yearr 2021, 98 in fiscal year '22, 169 in fiscal year '23, fiscal yer '23, and 49 so far in fiscal year '24. additionally, in united states versus taxes, five die nine u.s.

670, 2023, thert united states supreme court heard a case involving alejandro n. mayorkas' refuses to comply with certain federal immigration laws that are at issue in this impeachment. the supreme court held that states have no standing to seek judicial reliefel to compel alejandro n. 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 article iii jurisdiction over this suit, of the forearms remain open for examining the executive branches enforcement policies. for example, congress possesses an array of tools to analyze, influence of these policies, and those are political checks for the political process, end quote. one such critical tool for congress to influence the i executive branch to comply with the immigration laws of the united states is impeachment.

the dissenting justices noted, and i quote, the court holds taxes lack of standing to challenge a federal policy that inflict substantial harm on the state andle its residents by releasing illegal aliens with criminal convictions for serious crimes. in order to reach this conclusion the court holds that the only limit on the the pa president to disobey ata law lie the important provisions at issue in congress' power to employ weapons of interbranch warfare, end quote. as the dissenting justice explained, quote, congress may wield what the solicitor general described as political tools which presumably means such things as impeachment and removal, end quote. indeed, during oral argument the justice who authored the majority opinion stated to the solicitor general, and i quote, i think your position is instead a judicial review, congress has to resort to shutting down the government or impeachment, or

dramatic steps, end quote. here, in light of the inability of an injured party to seek judicial relief to remedy the refusal of alejandro n. mayorkas to comply with federal immigration laws, impeachment is congresses only viable option. in all of this alejandro n. mayorkas willfully and systemically refused to comply with theon immigration laws faid to control the border to the detriment of national security, compromise 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 and border security, the safety of the transit people, and the constitution if allowed to remain in office and as active in the manner grossly incompatible with his duties and the rule of law. alejandro n. mayorkas thus

warrants impeachment and trial, removal from office and disqualification to hold and to do in office of honor, trust and profit under the united states. article ii, breach of public trust. the constitution provides the house of representatives shot the full sole power of mps and civil office of the trade including the secretary of homeland security quote shall be removed from officee on impeachment for and conviction of treason, bribery, or other high crimes and misdemeanors, end quote. in this 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 result of his willful and systemic refusal to comply withy the law. alejandro n. mayorkas engaged in this scheme of course or course of conduct to the following means. one, alejandro n. mayorkas knowingly made false statements to congress that the board is quote, secure, the no less secure than was previously end quote, that the board is quote clothed, , end quote, that dhs s operational control of the border, end quote, as the term is defined in the secure fence act of 2006. two, alejandro n. mayorkas knowingly made false statementse to congress regarding the scope and adequacy of 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 the united states forces. three, alejandro n. mayorkas knowingly made false statements that apprehended aliens with no legal basis to remain in the united states were being quickly removed. four, alejandro n. mayorkas knowinglynt made false statemens supporting the false narrative that u.s. border patrol agents maliciously with illegal aliens. five, alejandro n. mayorkas failedit to comply with multiple subpoenas issued by congressional committees. six, alejandro n. mayorkas delayed or denied access of dhs office of inspector general hereinafter referred tod as oig, to dhs records and information hampering oig's ability to effectively perform its final investigations, audits, inspections and other agency programs and operations to satisfy the oig's obligations

under section four '02 b of title five, united states code, in part to congress. additionally in this conduct while secretary of homelandla security, alejandro n. mayorkas has breached thehe public trusty his willful refusal to fulfill his statutory duty to control quote, duty to control and guard the boundary and borders of the united states against the illegal entry of aliens, end quote, as set forth in section 103 a5 of immigration and nationality act. alejandro n. mayorkas inherited what his first key u.s. border patrol called quote, arguably the most effective for 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. without 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 the 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 come masummarily 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 to 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 20 after

four, 928, 2021, the united states court of appeals for the fifth circuit explained that quote, thet district court pointed evidence that the termination of mpp hasre contributed to the current border surge citing dhs' own previous determination that mpp had curbed the rate of illegal entries, end quote. the district court had also quote, point out that the number of enforcement encounters, that is inff such is what immigration officials and counter emigrants attempted to crossth the southen border without documentation, have skyrocketed since nppd's termination, end quote. two, alejandro and mayorkas terminated contracts are border wall construction. three, alejandro n. mayorkas terminated co-opted gruesomely equitably share the burden of complying with international assignment accords. and all this, alejandro n. mayorkas k breached the public trust by knowingly making false

statements to congress and the american people. and avoiding lawful oversight inroad to obscure the devastating consequences of his willful and systemic refusal to comply with the law and carry out his statutory duties. he is also breached the public trust by willfully refusing to carry out his statutory duty, to control the border and guard against illegal entry. notwithstanding the calamitous consequences of his abdication of that duty. wherefore, alejandro n. mayorkas, by such conduct, has demonstrated that he will remain a threat tocu national and bordr security, the safety of the american people, and the constitution if allowed to neremain in office, and is actie in the manner grossly incompatible with his duties and of law. alejandro n. mayorkas does warrant 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 the exhibition of the articles of impeachment against alejandro nicholas mayorkas. secretary chao homeland security. the managers request the o senae take order for the trial and the managers now request leave to withdraw. >> that would bek madame president. thank you, mr. green. the senate with duly notified the house of representatives when it is ready to proceed. you may proceed to depart. [background sounds]

>> madam president? >> for majorityhe leader. >> today of all senators and impeachment rules, senders will be sworn in as jurors tomorrow at 1 p.m. i note the absence of a quorum. >> the clerk will call the roll. [roll call] [roll call]

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>> we take you live now to the u.s. capitol where the senate is about to gavel in. at one p.m. eastern lawmakers will be sworn in as jurors for the impeachment trial of homeland security secretary alejandro mayorkas. also on the agenda today in the senate legislation to reauthorize section 702 of the fourth intelligence surveillance foreign intelligence surveillance act until 2026 this warrantless surveillance authority set to expire this coming friday.