The charges, which include high crimes and misdemeanors, were put forth in an amendment to H.R. 863 by Representative Mark Green (R-TN). This move marks a critical escalation in the ongoing discourse over immigration policies and border security.
The impeachment articles, presented by the House of Representatives, accuse Mayorkas of a deliberate and systemic refusal to adhere to the law, a failure to secure the border, compromising public safety, and violating the rule of law and the Constitution's separation of powers.
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The first article of impeachment alleges that Secretary Mayorkas has willfully and systematically refused to comply with federal immigration laws. His actions, or lack thereof, have allegedly led to millions of illegal immigrants entering the United States. The resolution claims that this not only infringes upon the Constitution's separation of powers but also poses significant threats to national security and imposes substantial costs on states and localities.
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Specific violations include the alleged refusal to comply with the Immigration and Nationality Act's detention mandates, resulting in a "catch and release" scheme. The resolution cites multiple sections of the Act, which it claims Mayorkas has blatantly disregarded, leading to unlawful releases of immigrants and failure to detain individuals as required by law.
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The second article accuses Mayorkas of breaching public trust through false statements and obstructing the Department of Homeland Security's lawful oversight. This includes allegations that Mayorkas made false statements to Congress about the border's security and the vetting of Afghan refugees, as well as failing to comply with subpoenas issued by congressional committees.
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Furthermore, the amendment accuses Mayorkas of neglecting his statutory duty to control the border and guard against illegal entry. It references his termination of initiatives like the Migrant Protection Protocols and border wall construction contracts, claiming these actions directly led to increased illegal border crossings.
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If the House of Representatives approves the articles of impeachment, the case will move to the Senate for a trial.
In November, the House voted to shelve Representative Marjorie Taylor Greene's Articles of Impeachment against Secretary Mayorkas. Greene introduced the resolution following a tragic incident in which two of her constituents were killed by human traffickers near the border. These deaths and many more are the results of the failure of President Biden and Secretary Mayorkas to control the border and prevent the entry of terrorists, human traffickers, drugs, and other contraband into the United States.
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The resolution to impeach Mayorkas cites a long list of evidence – enough to fit on six pages – of Mayorkas' failures as DHS Secretary. The House voted to shelve the legislation and refer Representative Greene's resolution to the Homeland Security Committee to prevent a vote on the resolution itself. The motion to refer was offered by Minority Whip Katherine Clark (D-MA).
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Eight Republicans voted with Democrats to save Mayorkas from being fired, while 13 Republicans refused to vote on the resolution.
"Having exhausted all other options to hold Secretary Mayorkas accountable, it is unmistakably clear that Congress must exercise its constitutional duty and impeach him," Representative Green wrote.
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