House Republican files articles of impeachment against DHS Sec. Mayorkas

Texas Republican Rep. Pat Fallon has filed impeachment articles against Homeland Security Secretary Alejandro Mayorkas, delivering on a promise he made last week before the 118th Congress was officially sworn in.

The articles of impeachment against Mayorkas for “high crimes and misdemeanors,” known as House Resolution 8, were introduced by Fallon in the House on Monday and have been referred to the House Judiciary Committee.

Last week, Fallon vowed to file impeachment articles against Mayorkas after the Congress was sworn in. The effort from Republicans in the House is one of many that the new GOP majority will take as it works to fight the Biden administration on issues of immigration and the southern border crisis.

“Since day one, Secretary Mayorkas’s policies have undermined law enforcement activities at our southern border,” Fallon said in a statement to Fox News last week. “From perjuring himself before Congress about maintaining operational control of the border to the infamous ‘whip-gate’ slander against our border patrol agents, Secretary Mayorkas has proven time and time again that he is unfit to lead the Department of Homeland Security.”

MAYORKAS SAYS HE WILL NOT RESIGN OVER BORDER CRISIS, INSISTS HE IS PREPARED FOR GOP INVESTIGATIONS

DHS Sec. Alejandro Mayorkas testifies before a House Homeland Security Committee hearing on “Worldwide Threats to the Homeland” on Capitol Hill in Washington, Nov. 15, 2022.
(REUTERS/Michael A. McCoy)

“His willful actions have eroded our immigration system, undermined border patrol morale, and jeopardized American national security. He has violated the law and it is time for him to go,” Fallon added.

While there is currently no text available for the impeachment articles filed against Mayorkas, Fox News reported from last week that Fallon’s first article alleges that Mayorkas has failed to faithfully execute the “Secure the Fence Act of 2006.” The impeachment article says that law requires the Secretary of Homeland Security to “maintain operational control over the entire international land and maritime borders of the United States.”

The second article alleges that Mayorkas “in violation of his constitutional oath, willfully provided perjurious, false, and misleading testimony to Congress.” To back up that charge, the article quotes Mayorkas’ testimony during April 26 and Nov. 15 congressional hearings in which he said the border was secure.

MCCARTHY CALLS ON MAYORKAS TO RESIGN OR POTENTIALLY FACE IMPEACHMENT INQUIRY: ‘ENOUGH IS ENOUGH’

The final of the three articles charge that Mayorkas “publicly and falsely slandered” border agents who were accused — but later cleared — of whipping Haitian migrants in Del Rio, Texas, in 2021.

Rep. Pat Fallon, R-Texas, is seen on the House steps of the U.S. Capitol on Tuesday, December 6, 2022.
(Tom Williams/CQ-Roll Call, Inc via Getty Images)

“The 511-page report by the U.S. Customs and Border Protection’s Office of Personal Responsibility found ‘no evidence that [Border Patrol agents] involved in this incident struck, intentionally or otherwise, any migrant with their reins,'” Fallon writes. “Secretary Mayorkas slandered his own Border Patrol agents and TXDPS Troopers involved in this incident, contributing to a further decrease in already-low morale among agents.”

During a visit to El Paso in late November, Rep. Kevin McCarthy, who was elected by his GOP colleagues to serve as House speaker on Friday, called for Mayorkas to resign over his handling of the migrant crisis at the southern border and warned of an impeachment inquiry when Republicans officially took control of the House.

“If Secretary Mayorkas does not resign, House Republicans will investigate every order, every action and every failure will determine whether we can begin impeachment inquiry,” McCarthy said at the time.

Speaker of the House Kevin McCarthy, R-Calif.
(Tom Williams/CQ-Roll Call, Inc via Getty Images)

Mayorkas on Sunday said he will not resign over his handling of the border crisis and insisted he will be ready for future investigations by House Republicans while continuing to fulfill his daily responsibilities.

During an appearance on ABC’s “This Week,” Mayorkas previewed President Biden’s visit to El Paso, Texas, and was pressed by anchor George Stephanopoulos to respond to McCarthy’s call for him to resign and whether he has any intentions of doing so.

“I do not. I’ve got a lot of work to do, and we’re going to do it,” Mayorkas said.

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In response to previous calls to impeach Mayorkas, a DHS spokesperson said in November that calls to impeach the secretary amount to little more than finger-pointing from Congress.

“Secretary Mayorkas is proud to advance the noble mission of this Department, support its extraordinary workforce, and serve the American people,” the spokesperson said in a statement. “Members of Congress can do better than point the finger at someone else; they should come to the table and work on solutions for our broken system and outdated laws, which have not been overhauled in over 40 years.”

Fox News’ Tyler Olson, Adam Shaw, and Cameron Cawthorne contributed to this article.