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[inaudible conversations] >> mr. cain, many kelly, mr. king, ms. klobuchar, many lankford, mr. lee, mr. lujan, mr. markey, mr. marshall, mr. mcconnell, mr. men menendez, mr. merkley are, mr. moran, mr. mullen, ms. murkowski, mr. murphy -- [inaudible conversations]

>> majority leader is recognized. >> let the quorum call be dispensed with. >> without objection. there are -- [inaudible conversations] >> mr. clerk. >> i've been directed by the house of representatives to inform the senate that the house has agreed to house resolution 995, a resolution appointing and authorizing impeachment managers for the impeachment trial of

alejandro nicholas mayorkas, secretary the 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 to conduct proceeding on 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's escorted to the well of the senate.

[no audio] >> the sergeant at a arms will make the proclamation. >> hear ye, hear ye, hear ye, all persons are commanded to keep silent on pape of imprisonment -- pain of imprisonment while the house of representatives is exhibiting to the senate of the united states articles of impeachment against alejandro nicholas are 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 representatives are present and ready to present the articles of impeachment which have been

preferred by the house of representatives against alejandro nicholas mayorkas, secretary of the department of homeland security. the house adopted the following resolution which will -- with permission of the senate, i will read house resolution 995. resolved that mr. green of tennessee, mr. mccall, mr. biggs, mr. higgins of louisiana, mr. kline, mr. guest, mr. gash reno, ms. greene of georgia, mr. pfluger, ms. haeggman and ms. lee of florida are appointed managers to conduct the impeachment trial against alejandro nicholas mayorkas, secretary tear of homeland security, that a message be sent to the senate to inform the senate of these appointments and that the managers so appointed may, in connection with the preparation and the conduct of the trial, exhibit the articles of impeachment to the senate and take all necessary actions which may include following: one, employing legal, clerical and other necessary assistance and insecuring such other expenses

as may be necessary to be paid from amounts available to the committeen on homeland security under applicable expense resolutions or for the applicable amounts of the house of representatives; two, sitting for persons and papers and filing with the secretary of the senate on the part of the house of representatives any pleadings in conjunction with or 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 that alejandro nicholas mayorkas, secretary of homeland ed security of the united states of america, is impeached for high crimes and misdemeanors and that the following articles of impeachment be exhibited to the united states: articles exhibit exhibited by the house of representatives in the name of itself and the people of the united states of america against

alejandro n. mayorkas, secretary of homeland security 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 representatives, quote, shall have the sole power of impeachment, end quote, and that civil officers of the united states including the secretary of homeland security, quote, shall be removed from office on impeachment for and conviction of treason, bribery or other high crimes and misdemeanors. end quote. in his 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 allegiance to the same and to well and faithfully 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. major cass has repeatedly violated laws enacted by congress regarding immigration and border security. in large part because of his unlawful kick, millions of aliens have illegally entered the united states on an annual basis with many unlawfully refraining in the united states of -- remaining in the united states. his refusalling to obey the law is not only an offense if 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 his willful and systemic refusal to comply with the law has significantly contributed to unprecedented levels of illegal immigrants -- entrants, the increased control of the southwest border by drug cartels and the imposition of enormous costs on states and localities

affected by the influx of aliens, alejandro n. mayorkas has continued if 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: one, or alejandro n. if mayorkas willfully refused to comply with the detention mandate set forth in section 235b2a 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 a removal proceeding, end quote, instead of complying with this requirement, alejandro n. mayorkas implemented a catch and release scheme whereby such aliens were unlawfully released even without effective mechanisms to insure appearance

before courts to insure removal in the case of aliens ordered removed. two, alejandro n. mayorkas willfully if refused to comply with the detention mandate set forth in section 235b1b2 of such act requiring that an alien who is placed into expedited removal proceedings and determined to have a credible fear of persecution, quote, shall be detained for further consideration of the application for asylum, end quote. instead of complying with this requirement, alejandro n. mayorkas implemented a catch and release scheme whereby such aliens were unlawfully released even without effective mechanisms to insure appearances before the immigration courts for removal proceedings or to insure removal in the case of aliens ordered removed. flee, alejandro n. mayorkas willfully refused to koma ply with 235b1b34 of such act

requiring that an alien who is placed into expedited removal if proceedings and determined not to have a credible fear of persecution, quote, shall be detained -- detained until removed. end quote. instead of complying with this requirement, alejandro n. mayorkas has implemented a cash and release scheme -- catch and release scheme whereby such aliens are unlawfully released without appearance before with courts to insure removal in the case of aliens ordered removed. four, alejandro n. mayorkas willfully refused to comply with the detention mandate set forth in section 236c of such act requiring that a criminal alien who is inadmissible or deportable on certain criminal and terrorism-related grounds, quote, shall be taken into custody, end quote. when the alien is released from law enforcement custody instead of complying with this requirement, alejandro n. mayorkas issued, quote, guidelines for the enforcement

of civil immigration laws, end quote, which instructs department of homeland security herein after referred to as dhs officials that the, quote, fact and individuals a removable noncitizen should not be the basis of an enforcementing aption against them. and that dhs, quote, personnel should not rely on the fact of conviction alone, end quote. even with respect to aliens subject to mandatory arrest and detention purr if student to section 236c can of such act to take them into custody. in texas versus the united states, 40f42052022, 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, or quote, replacement of congress' to

statutory mandates with concerns of equity and race is extralegal and plainly outside the bounds of the power conferred by the ina, end quote. number five, alejandro n. mayorkas portfoliofully released to -- willfully -- 241a2 of such act requiring that an alien ordered removed, quote, shall be detained, quote, during the removal period, end quote. instead of complying with this mandate, alejandro n. mayorkas issued, quote, guidelines for the enforcement of civil immigration laws, end quote, which instructs dhs officials that the, quote, fact individual is removable noncitizen should not bay loan be the basis of a -- against them, and that personnel should not relie 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 a parole authority set forth in section 212d5a of such act that permits parole to be granted, quote, only on a case by case basis, end quote, temporary hi and, quote, for urgent humanitarian reasons are significant -- or significant public benefit, end quote. in that, a, alejandro n. mayorkas paroled aliens en masse in order to release them from mandatory detention despite the fact that as a united states court of appeals for the fifth circuit concluded in texas v. biden, 20f4928, 2021, quote: paroling every alien dhs cannot detain is the opposite of a case by case basis determinations required by law, end quote. and, quote, dhs' 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, reopened or expanded a series of categorical parole programs never authorized by congress for foreign nationals outside the united states including for certain central american minor, ukrainians, venezuelans, cubans, nicaraguanss, colombian, 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 n. mayorkas willfully exceeded his release authority set forth in section 236a of such act that permits in certain circumstances the release of aliens arrested on an administrative warrant and that

alejandro n. mayorkas released aliens arrested without a warrant despite their being subject to a mandatory detention requirement set forth in section 235b2 of such act. alejandro n. mayorkas released such aliens by relate to actively issuing administrative warrants in an attempt to circumvent section 235b2 of such act. in florida v. the united states, number 321tv1066, tango, key low, whiskey, zulu, charlie, bravo northern district of florida, march 8, 2023, the united states district court of the northern district of florida, quote, this slight of hand using an arrest warrant as a de facto release warrant is administrative soft is's try at its worst, end quote. in addition, the court concluded that, quote, what makes dhs' application of 236a in this

manner unlawful is that 235b2 not 2326a governs the detention of applicants for admission from dhs places in removal proceedings after a inspection. alejandro n. mayorkas' willful and systemic refusal to comply with the law has had a calamitous consequence for the nation. and the people of the united states including, one, during fiscal year 2017-2020 an average of about 590,000 aliens each fiscal year were encountered as inadmissible aliens at ports of entry on the southwest border are apprehended between ports of entry. thereafter during alejandro n. mayorkas' 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 the in fiscal year 2023.

similarly, during fiscal years 2017-2020, an average of 130,000 persons who were not turned back or apprehended after making an illegal entry were observed along the border each fiscal year. during alejandro n. mayorkas' tenure in office, that number more than trimmed to 400,000 inphysial call year 2021, 600,000 in fiscal year 2022, 7 a 0 -- 750,000 in fiscal year 2023. two, american communities -- along the southwest border and across the united states have been devastated by the dramatic growth in illegal entrants. the number of alien unlawfully present and stamm 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 a 150,000 migrants have gone through new york city's

shelter intake system. indeed, the mayor of new york city has said that, quote, we are past our breaking point, end quote. and that, quote, this issue will destroy new york city, end quote. in fiscal year 2023, new york city spent $1 billion, $450 million addressing alejandro n. mayorkas' migrant crisis. and city officials fear it will spend another $12 billion over the following three fiscal years causing painful budge cuts to important city services. three, alejandro n. mayorkas' unlawful mass release of apprehended aliens and 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, number of migrants intended to illegally cross our border who

have perished along the way either enroute to the united states or at the border almost doubled during the tenure of alejandro n. if mayorkas as secretary tear of homeland security from an average of about a 700 a year during fiscal years 2017-2020 to an average of about 1300 a year during fiscal year 2021-2023. alien -- four. alien smuggling organizations is have gained the tremendous wealth al man degree n. mayorkas' tenure as secretary of homeland security with their estimated revenues rising from about $500 million in 2018 to approximately $13 billion in 2022. five, during alejandro n. my or corps cat' tenure as secretary of homeland security, the immigration court backlog has more than doubled if from about 1,300,000 cases to over 3 million cateses. the exploding -- cases.

the exploding backlog is destroying the court's ability to administer justice and provide appropriate leaf in a time frame that does not run into years or even decades. as alejandro n. mayorkas acknowledged, quote, 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, end quote. he noted that of aliens placed in exwe dieted removal if proceedings and found to have a credible fear of persecution and thus referred to immigration judgements for removal proceedings, quote, significantly fewer than 20% were ultimately granted asylum, end quote. and only 28 -- quote, 28% of cases decided on their 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 incentivize migrants the make the journey north, end e quote. during alejandro n. mayorkas' tenure as secretary of homeland security, approximately 450,000 unaccompanied alien children have been encountered at the southwest board, 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 job in the united states. seven, alejandro n. mayorkas' fail if your 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.

major mayorkas' tenure, the flow of fentanyl carrot cross the border and other dangerous both at and between ports of entry have increased traumatically. 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 '22 and approximately 27,000 pounds in fiscal year '23. finish 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. eight a, alejandro n. major has has -- mayorkas has degraded public safe the city by levering wide swaths of the border effect we'vely unpatrolled as u.s. border patrol agents are

diverted from guarding the border to processing for unlawful release the heighten,ing 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 acin such processing. ty nine, during mayorkas' tenure, u.s. border patrol has encountered an increasing number of aliens on the terrorist watch list. in fiscal years 2017-2020 combined, 11 noncitizens on the terrorist watch list 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 '22, 169 in fiscal year 2023 and 49 so far many fiscal

year '24. additionally in united states v. texas, 59 99 u.s. 670, 2023, the united states supreme court heard a case involving alan degree n. mayorkas' refusal 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 relief 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, other forums remain open for examining the executive branch's enforcement policies. for example, congress possesses an array of tools to analyze, influence these policies, and those are political checks for the political process, end quote. one such critical tool for

congress to influence the executive branch to comply if 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 challenge a federal policy that inflicts substantial harm on the state and 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 power of a president to disobey a law like the important provisions at issue in congress' power to employ the 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 of 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, impeep.. -- impeachment is congress' only viable option. in all of this, alejandro n. mayorkas willfully and systemically refused to comply with the immigration laws, failed to kohl the border to the detriment of national security, 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 he will remain a threat to international 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 new mexico 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. article two, breach of public trust. the constitution provides that the house of representatives, quote, shall have the sole power of impeach ifment, end quote, and that civil officers of the united states including the secretary of homeland security, quote, shall be removed from office on impeachment for and conviction of treason, bribery or other high crimes and misdemeanors, end quote. in his conduct while secretary of homeland security alejandro n. mayorkas, in violation of his oath to well and natefully discharge the duties of his office, has breached the public

trust in that al a alejandro new mexico major has knowingly made false statements and knowingly obstructed lawful oversight of the department of homeland security herein after referred to as dhs principalically to obfuscate the results of his willful and systemic refusal to comply with the law. alejandro n. mayorkas engaged in this scheme or course of conduct through the following means. one, alejandro n. mayorkas knowingly made false statements to congress that the border is, quote, secure, no less secure than it was previously are, end quote and that the border is, quote, closed, end quote, and that dhs has, quote, operational control of the border, end quote, as that term is defined in the secure fence act a of 2006. two, alejandro n. mayorkas knowingly made false statements 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 a precipitous withdrawal of the united states with forces. three, alejandro n. mayorkas knowing hi made false statements that apprehended aliens with no legal basis to remain in the united states were being quickly removed. four, alejandro n. mayorkas knowingly made false statements supporting the false narrative that u.s. border patrol agents maliciously whipped illegal aliens. five, alejandro n. mayorkas failed to comply with multiple subpoenas issued by congressional committees. six, alejandro n. mayorkas delayed or denied access of dhs office of inspector general herein after referred to as oig to dhs records and information hampering oig's ability to effectively perform its vital

investigations, audits, inspections and other abuse of agency programs and operations to satisfy the oig's obligations under section 402b of title v, 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 his hfl refusal to fulfill his statutory duty to control, quote, to control and and guard the boundaries and borders of the united states against the illegal entry of aliens, end quote, as set forth in section 103a5 of the immigration and nationality act. alejandro n. mayorkas inmeterred what his first -- 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 security initiatives would want engaging in adequate alternative initiatives, without engaging in 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 to fulfill his statutory duty to control the border. according to his first chief of the u.s. border patrol, alejandro new mexico mayorkas, quote, summarily rejected, end quote,, quote, multiple options to reduce the illegal entries through proven if 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 herein after referred to as mpp. in texas v. biden 20f4, 928 spshz 2021, quote, the district court pointed to evidence that the termination of mpp has cented to the current border surge -- contributed to the current border surge citing -- that mpp had curbed the rate of illegal entries, end quote. the district court had also, quote, pointed out that the number of enforcement encounters where immigration officials encounter immigrants attempting to cross the southern border without documentation -- had skyrocketed since mpp's termination, end quote. two, alejandro n. mayorkas terminated contracts for border wall construction. three, alejandro n. mayorkas terminated cooperative agreements that would have

equitably shared the burden with international asylum accords. 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 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 duet to control the border and guard against illegal entry. notwet standing the calamitous consequences of his abdication of that duty. wherefor, alejandro n. mayorkas, by such conduct, has demonstrate thed that he will remain a threat to national and border security, the safety of the american 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 if office and disqualification to hold and enjoy any office of honor, trust and profit under the united states united states. mr. president, that completes the exhibition of the the articles of impeachment against alejandro nicholas mayorkas, secretary of the department of homeland security. the managers request the senate take order for the trial and the managers now request leave the withdraw. >> that would be -- madam president. thank you, mr. green. the senate will duly notify the house of representatives when it is the ready to proceed. you may proceed to depart.

>> madam president? >> the majority president. >> for the information of all senators, under impeachment rules, senators will be sworn in as jurors tomorrow at 1 p.m., and i note the absence of a fore rum. >> clerk will call the roll. >> ms. baldwin. [inaudible conversations]

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