Below are the Articles of Impeachment that the Liberals blew off, read and you decide.
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AMENDMENT IN THE NATURE OF A SUBSTITUTE H.RES. 863
OFFEREDBYMR. GREENOF TENNESSEE
Strike all after the resolving clause and insert the following
1 That Alejandro Nicholas Mayorkas , Secretary of Home 2 land Security of the United States of America , is im
3 peached for high crimes and misdemeanors , and that the
4 following articles of impeachment be exhibited to the
5 United States Senate:
6 Articles of impeachment exhibited by the House of
7 Representatives of the United States of America in the
8 name of itself and of the people of the United States of
9 America , against Alejandro N. Mayorkas , Secretary of
10 Homeland Security of the United States of America, in
11 maintenance and support of its impeachment against him
12 for high crimes and misdemeanors .
13 ARTICLE I: WILLFUL AND SYSTEMIC REFUSAL TO COMPLY
14 WITHTHELAW
15 TheConstitutionprovidesthattheHouseofRep 16 resentatives shall have the sole Power of Impeachment 17 andthatcivilOfficersoftheUnitedStates,includingthe 18 Secretary of Homeland Security, shall be removed from
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2
1 Office on Impeachment for, and Conviction of, Treason,
2 Bribery,or other high Crimes and Misdemeanors .Inhis
3 conduct while Secretary of Homeland Security,Alejandro
4 N. Mayorkas , in violation of his oath to support and de
5 fend the Constitution of the United States against all en
6 emies,foreign and domestic,to bear true faith and alle
7 giance to the same,and to well and faithfully discharge
8 the duties of his office,has willfully and systemically re
9 fused to comply with Federal immigration laws, in that
10
Throughout his tenure as Secretary of Homeland Se 11 curity , Alejandro N. Mayorkas has repeatedly violated 12 laws enacted by Congress regarding immigration and bor
13 dersecurity.Inlargepartbecauseofhisunlawfulconduct,
14 millions of aliens have illegally entered the United States
15 onanannualbasiswithmanyunlawfullyremaininginthe
16 United States. His refusal to obey the law is not only an
17 offense against the separation of powers in the Constitu
18 tion of the United States, it also threatens our national
19 security and has had a dire impact oncommunities across
20 the country . Despite clear evidence that his willful and
systemic refusal to comply with the law has significantly
22 contributed to unprecedented levels of illegal entrants,the
23 increased control of the Southwest border by drug cartels ,
24 and the imposition of enormous costs on States and local
25 ities affected by the influx of aliens, Alejandro N.
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23 24 25
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ceedings and determined to have a credible fear of persecution shall be detained for further consider
ationoftheapplicationforasylum .Insteadofcom ( 91632715)
4
Alejandro N. Mayorkas engaged in this scheme or
5 course of conduct through the following means:
6 7
8 9 10 11 12 13 14 15 16 17 18 19
20 21
(1) Alejandro N. Mayorkas willfully refused to comply with the detention mandate set forth in sec tion 235(b)(2)(A) of the Immigration and Nation
ality Act,requiring that all applicants for admission who are not clearly and beyond a doubt entitled to be admitted shall be detained for a [removal] pro ceeding Instead of complying with this require ment, Alejandro N. Mayorkas implemented a catch
and release scheme,whereby such aliens areunlaw
fully 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.
(2) Alejandro N. Mayorkas willfully refused to comply with the detention mandate set forth in sec tion 235(b)(1)(B)(ii) of such , requiring that an
3
1 Mayorkas has continued in his refusal to comply with the 2 law,and thereby acted to the grave detriment of the inter 3 estsoftheUnitedStates.
22 alienwhoisplacedintoexpeditedremovalpro
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24 25
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criminal and terrorism-related grounds shall [be] take n] into custody when the alien is released
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4
1 plying with this requirement ,Alejandro N. Mayorkas
2 implemented a catch and release scheme, whereby
such aliens areunlawfully released,evenwithout ef fective mechanisms to ensure appearances before the
3
4
5 immigration courts for removal proceedings or to en
sure removal in the case of aliens ordered removed .
6
7 (3) Alejandro N. Mayorkas willfully refused to
8 comply with the detention set forth in section
9 235(b)(1)(B)(iii)(IV) of such Act,requiring that an
10 alienwhoisplacedintoexpeditedremovalpro
11 ceedingsanddeterminednottohaveacrediblefear
12 of persecution shall be detained until removed .
13 Instead of complying with this requirement ,
14 AlejandroN.Mayorkashasimplementedacatch
15 andreleasescheme,wherebysuchaliensareunlaw
16 fullyreleased,evenwithouteffectivemechanismsto
17 ensureappearancesbeforetheimmigrationcourts
18 forremovalproceedingsortoensureremovalinthe
22 tion236()ofsuch ,requiringthatacriminal 23 alienwhoisinadmissibleordeportableoncertain
case of aliens ordered removed .
19
20 (4)AlejandroN.Mayorkaswillfullyrefusedto 21 complywiththedetentionmandatesetforthinsec
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23 24 25
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complywiththedetentionmandatesetforthinsec tion241(a)(2)ofsuchAct,requiringthatanalien ordered removed "shall [be] detain[ed during the
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1
2 3 4 5
6 7
8 9 10 11 12 13 14 15 16
5
from law enforcement custody.Instead of complying
with this requirement ,Alejandro N. Mayorkas issued Guidelines for the Enforcement of Civil Immigra tion Laws ,which instructs Department of Home
land Security (hereinafter referred to as DHS ) of ficials that the fact an individual is a removable noncitizen should not alone be the basis of an en
forcement action against them and that DHS per sonnel should not rely on the fact of convic
tion alone , even with respect to aliens subject to mandatory arrest and detention pursuant to section 236( ) of such Act,to take them into custody.In Texas v.United States,40 F.4th 205 (2022),the
United States Court of Appeals for the Fifth Circuit concluded that these guidelines had every indica tion of being a general policy that is so extreme as
17 to amount to an abdication of statutory responsibil
ities and that its replacement of Congress's stat
18 19
22 (5)AlejandroN.Mayorkaswillfullyrefusedto
utory mandates with concerns of equity and race is
20 extralegal[and]plainlyoutsidetheboundsofthe
21 powerconferredbytheINA.
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6
1 removal period . Instead of complying with this
2 3 4 5
mandate, Alejandro N. Mayorkas issued Guidelines
for the Enforcement of Civil Immigration Laws , which instructs DHS officials that the fact an indi
vidual is a removable noncitizen should not alone be
the basis of an enforcement action against them 7 and that DHS "personnel should not rely on the
fact of conviction alone even with respect to
9 aliens subject to mandatory detention and removal
10 pursuanttosection241(a)ofsuchAct.
11 (6)AlejandroN.Mayorkaswillfullyexceeded
12 hisparoleauthoritysetforthinsection212(d)(5)(A)
13 of such Act that permits parole to be granted only
14 on a case-by-case basis , temporarily , and for ur
6
8
15
16
17
gent humanitarian reasons or significant public ben efit ,in that:
(A ) Alejandro N. Mayorkas paroled aliens en masse in order to release them from manda
18
19 tory detention , despite the fact that , as the
20 UnitedStatesCourtofAppealsfortheFifth
21 22 23
Circuit concluded in Texas v. Biden, 20 F.4th 928 (2021), parol[ing] every alien [DHS] cannot detain is the opposite of the case-by-case
24 basis determinations required by law and 25 DHS'spretendedpowertoparolealienswhile
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6
8 9 10
foreign nationals outside of the United States, including for certain Central American minors,Ukrainians, Venezuelans , Cubans , Haitians,
7
ignoring the limitations Congress imposed on
2 the parole power is] not nonenforcement; it's
3 misenforcement, suspension of the INA, or
4 both
5 (B) Alejandro N. Mayorkas created, re
opened,or expanded a series of categorical pa
7 role programs never authorized by Congress for
1
11 Nicaraguans,Colombians,Salvadorans,Guate 12 malans,andHondurans,whichenabledhun
dreds of thousands of inadmissible aliens to enter the United States in violation of the laws
enacted by Congress
(7) Alejandro N. Mayorkas willfully exceeded
13
14
15
16
17 hisreleaseauthoritysetforthinsection236(a)of
18 19
such Act that permits , in certain circumstances , the release of aliens arrested on an administrative war
20 rant,inthatAlejandroN.Mayorkasreleasedaliens
arrested without a warrant despite their being sub 22 jecttoaseparateapplicablemandatorydetentionre
23 quirementsetforthinsection235(b)(2)ofsuchAct. 24 AlejandroN.Mayorkasreleasedsuchaliensby25 retroactivelyissuingadministrativewarrantsinan
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21
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1 attempt to circumvent section 235(b)(2) of such Act.
2 In Florida v. United States, No. 3:21- -1066-TKW
3 ZCB (N.D. Fla. Mar. 8, 2023), the United States
District Court of the Northern District of Florida
5 noted that t his sleight of hand using an arrest
warrant as a de facto release' warrant is adminis
7 trative sophistry at its worst .In addition,the court
8 concluded that what makes DHS's application of
4
6
in this manner unlawful is that
10 235(b)(2),not236(a),governsthedetentionof
11 applicants for admission whom DHS places
12 inremovalproceedingsafterinspection
9
[236(a)]
13
14 to comply with the law has had calamitous consequences 15 for the Nation and the people of the United States,includ 16 ing:
17 (1)Duringfiscalyears2017through 2020,an 18 averageofabout590,000alienseachfiscalyear19 wereencounteredasinadmissiblealiensatportsof
20 entryontheSouthwestborderorapprehendedbe 21 tweenportsofentry.Thereafter,duringAlejandro 22 N.Mayorkas'stenureinoffice,thatnumbersky 23 rocketedtoover1,400,000infiscalyear2021,over
24 2,300,000infiscalyear2022,andover2,400,000in 25 fiscalyear2023.Similarly,duringfiscalyears2017
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AlejandroN.Mayorkas'swillfulandsystemicrefusal
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13 14 15 16 17 18 19
20 21 22
23 24 25
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9
1 through 2020, an average of 130,000 persons who
2 were not turned back or apprehended after making
3 an illegal entry were observed along the border each
4 fiscal year. During Alejandro N. Mayorkas's tenure
5 in office, that number more than trebled to 400,000
6 in fiscal year 2021, 600,000 in fiscal year 2022 , and
7 750,000 in fiscal year 2023.
8 (2) American communities both along the
grantedparole,creatingafiscalandhumanitarian crisisanddramaticallydegradingthequalityoflifeof the residents of those communities. For instance, since 2022, more than 150,000 migrants have gone throughNewYorkCity'sshelterintakesystem.In deed,the Mayor of New York City has said that we are past our breaking point and that t his issuewilldestroyNewYorkCity.Infiscalyear2023, NewYorkCityspent$1,450,000,000addressing AlejandroN.Mayorkas'smigrantcrisis,andcityof ficialsfearitwillspendanother$12,000,000,000overthefollowingthreefiscalyears,causingpainful budgetcutstoimportantcityservices.
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Southwest border and across the United States have
9
10 beendevastatedbythedramaticgrowthinillegalen 11 tries,thenumberofaliensunlawfullypresent,and 12 substantialriseinthenumberofaliensunlawfully
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3 4
6 7
8 9 10
cording to the United Nations's International Orga nization for Migration,the number of migrants in tending to illegally cross our border who have per
ished along the way, either en route to the United States or at the border, almost doubled during the
1
11 tenureofAlejandroN.MayorkasasSecretaryof 12 HomelandSecurity,fromanaverageofabout700
a year during the fiscal years 2017 through 2020, 14 toanaverageofabout1,300ayearduringthefiscal 15 years2021through2023.
16 (4)Aliensmugglingorganizationshavegained
17 tremendouswealthduringAlejandroN.Mayorkas's
18 tenureasSecretaryofHomelandSecurity,with
19 their estimated revenues rising from about
20 $500,000,000 in 2018 to approximately
21 $13,000,000,000in2022
22 (5)DuringAlejandroN.Mayorkas'stenureas 23 SecretaryofHomelandSecurity,theimmigration 24 courtbackloghasmorethandoubledfromabout 25 1,300,000casestoover3,000,000cases.Theex
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13
10
(3) Alejandro N. Mayorkas's unlawful mass re 2 lease of apprehended aliens and unlawful mass grant
of categorical parole to aliens have enticed an in creasing number of aliens to make the dangerous 5 journey to our Southwest border.Consequently,ac
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11
1 ploding backlog is destroying the courts ability to
2 administer justice and provide appropriate relief in
3 a timeframe that does not run into years or even
4 decades . As Alejandro N. Mayorkas acknowledged
5 those who have a valid claim to asylum often wait
6 years for a decision; likewise, noncitizens who will
7 ultimately be found ineligible for asylum or other
8 protection which occurs in the majority of cases
9 often have spent many years in the United States
10 priortobeingorderedremoved.Henotedthatof
11 aliensplacedinexpeditedremovalproceedingsand
12 foundtohaveacrediblefearofpersecution,and
13 thusreferredtoimmigrationjudgesforremovalpro
14 ceedings,significantlyfewerthan20percentwere
15 ultimately granted asylum and only 28 percent of
16 casesdecidedontheirmeritsaregrantsofrelief.
17 Alejandro N. Mayorkas also admitted that the fact
that migrants can wait in the United States for
19 yearsbeforebeingissuedafinalorderdenyingrelief,
20 andthatmanysuchindividualsareneveractually 21 removed,likelyincentivizesmigrantstomakethe
22 journeynorth
18
(6) During Alejandro N. Mayorkas's tenure as Secretary of Homeland Security, approximately
23
24
25 450,000unaccompaniedalienchildrenhavebeenen
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1
2 3 4 5
7
8 9
12
countered at the Southwest border,and the vast ma
jority have been released into the United States.As a result,there has been a dramatic upsurge in mi grant children being employed in dangerous and ex
ploitative jobs in the United States.
6 (7) Alejandro N. Mayorkas's failure to enforce
18
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 bor
10 derfromillicitdrugtraffickingtoprocessingillegal
11 aliensforrelease.Asaresult,duringAlejandroN.
12 Mayorkas'stenureasSecretaryofHomelandSecu
rity,the flow of fentanyl across the border and other
14 dangerousdrugs,bothatandbetweenportsof
13
entry, has increased dramatically . U.S. Customs and
15
16
17 poundsoffentanylinfiscalyear2020,approxi
Border
Protection seized approximately 4,800
mately 11,200 pounds in fiscal year 2021, approxi 19 mately14,700poundsinfiscalyear2022,andap
20 proximately27,000poundsinfiscalyear2023.Over 21 70,000Americansdiedfromfentanylpoisoningin 22 2022,andfentanylisnowthenumberonekillerof
Americans between the ages of 18 and 45.
23
24
25 safetybyleavingwideswathsofthebordereffec
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(8) Alejandro N. Mayorkas has degraded public
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13
1 tively unpatrolled as U.S. Border Patrol agents are
2 diverted from guarding the border to processing for
3 unlawful release the heightening waves of appre
4 hended aliens (many who now seek out agents for
5 the purpose of surrendering with the now reasonable
6 expectation of being released and granted work au
7 thorization ) , and Federal Air Marshals are diverted
8 from protecting the flying public to assist in such
9 processing
10 (9)DuringAlejandroN.Mayorkas'stenureas
11 SecretaryofHomelandSecurity,theU.S.Border
12 Patrolhasencounteredanincreasingnumberof
aliens on the terrorist watch list. In fiscal years
14 2017through2020combined,11noncitizensonthe
15 terroristwatchlistwerecaughtattemptingtocross
16 theSouthwestborderbetweenportsofentry.That
17 numberincreasedto15infiscalyear2021,98in
18 fiscalyear2022,169infiscalyear2023,and49so
19 farinfiscalyear2024.
20 Additionally , in United States . Texas , 599 U.S. 670
21 (2023), the United States Supreme Court heard a case
22 involving Alejandro N. Mayorkas's refusal to comply with 23 certain Federal immigration laws that are at issue in this 24 impeachment . The Supreme Court held that States have 25 no standing to seek judicial relief to compel Alejandro N.
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14
1 Mayorkas to comply with certain legal requirements con
2 tained in the Immigration and Nationality Act.However,
3 the Supreme Court held that even though the federal
courts lack Article jurisdiction over this suit,other fo
5 rums remain open for examining the Executive Branch's
6 enforcement policies.For example,Congress possesses an
7 array oftools to analyze and influence those policies [and]
8 those are political checks for the political process .One
9 critical tool for Congress to influence the Executive
10 Branch to comply with the immigration laws of the United
11 States is impeachment . The dissenting Justice noted, 12 The Court holds Texas lacks standing to challenge a fed
13 eral policy that inflicts substantial harm on the State and 14 its residents by releasing illegal aliens with criminal con 15 victions for serious crimes.In order to reach this conclu
16 sion,the Court...holds that the only limit onthe power 17 of a President to disobey a law like the important provi 18 sion at issue is Congress power to employ the weapons 19 of inter-branch warfare .As the dissenting Justice ex
20 plained, Congress may wield what the Solicitor General 21 described as political tools which presumably means
22 things as impeachment and removal Indeed,dur
23 ing oral argument ,the Justice who authored the majority
24 opinion stated to the Solicitor General , I think your posi
25 tion is,instead of judicial review,Congress has to resort
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15
1 to shutting down the government or impeachment or dra
2 matic steps ". Here, in light of the inability of injured 3 parties to seek judicial relief to remedy the refusal of 4 Alejandro N. Mayorkas to comply with Federal immigra 5 tion laws, impeachment is Congress's only viable option. 6
In all of this, Alejandro N. Mayorkas willfully and
7 systemically refused to comply with the immigration laws,
8 failed to control the border to the detriment of national
9 security, compromised public safety, and violated the rule
10 of law and separation of powers in the Constitution , to
the manifest injury of the people of the United States.
12
Wherefore Alejandro N. Mayorkas,by such conduct,
13 has demonstrated that he will remain a threat to national
14 and border security , the safety of the United States peo
15 ple, and the Constitution if allowed to remain in office,
16 and has acted in a manner grossly incompatible with his
17 duties and the rule of law. Alejandro N. Mayorkas thus
18 warrants impeachment and trial,removal from office,and
19 disqualification to hold and enjoy any office of honor,
20 trust,orprofitundertheUnitedStates.
21 ARTICLEII: BREACHOF PUBLICTRUST
22 TheConstitutionprovidesthattheHouseofRep
23 resentatives shall have the sole Power of Impeachment
24 and that civil Officers of the United States,including the
25 Secretary of Homeland Security, shall be removed from
26 Office Impeachment for, and Conviction of, Treason,
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16
1 Bribery, or other high Crimes and Misdemeanors . In his
2 conduct while Secretary of Homeland Security, Alejandro
3 N. Mayorkas, in violation of his oath to well and faithfully
discharge the duties of his office, has breached the public
5 trust,inthat:
8 the Department of Homeland Security (hereinafter re 9 ferred to as "DHS ), principally to obfuscate the results 10 of his willful and systemic refusal to comply with the law.
11 Alejandro N. Mayorkas engaged in this scheme or course 12 of conduct through the following means:
4
has knowingly made false 7 statements , and knowingly obstructed lawful oversight of
6
Alejando N. Mayorkas
13
14
15
16
(1) Alejandro N. Mayorkas knowingly made falsestatementstoCongressthattheborderis se
cure , that the border is no less secure than it was previously,thattheborderis closed,andthat
17 DHShasoperationalcontroloftheborder(as
that term is defined in the Secure Fence Act of 19 2006).
20 (2)AlejandroN.Mayorkasknowinglymade 21 falsestatementstoCongressregardingthescope
22 andadequacyofthevettingofthethousandsofAf 23 ghanswhowereairliftedtotheUnitedStatesand
24 thengrantedparolefollowingtheTalibantakeover
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22 23
Congress
Additionally , in his conduct while Secretary of Home
1
17
of Afghanistan after President Biden's precipitous
2 withdrawal of United States forces.
3 (3) Alejandro N. Mayorkas knowingly made
4 false statements that apprehended aliens with no
5 legal basis to remain in the United States were
6 being quickly removed.
7 (4) Alejandro N. Mayorkas knowingly made
8 false statements supporting the false narrative that
9 U.S. Border Patrol agents maliciously whipped ille
gal aliens
10 11 12
13 committees.
14 (6)AlejandroN.Mayorkasdelayedordenied
(5) Alejandro N. Mayorkas failed to comply with multiple subpoenas issued by congressional
access of DHS Office of Inspector General (herein after referred to as OIG ) to DHS records and in
15
16
17 formation , hampering OIG's ability to effectively
perform its vital investigations , audits , inspections ,
19 andotherreviewsofagencyprogramsandoper
20 ationstosatisfytheOIG'sobligationsundersection
21 402(b)oftitle5,UnitedStatesCode,inpart,to
24 land Security, Alejandro N. Mayorkas has breached the 25 public trust by his willful refusal to fulfill his statutory
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18
1 duty to control and guard the boundaries and borders
2 of the United States against the illegal entry of aliens as set forth in section 103(a)(5) of the Immigration and
4 Nationality Act.Alejandro N. Mayorkas inherited what his
5 first Chief of the U.S. Border Patrol called, arguably the
6 most effective border security in our nation's history
7 Alejandro Mayorkas , however , proceeded to abandon
8 effective border security initiatives without engaging in
9 adequate alternative efforts that would enable DHS to
10 maintain control of the border and guard against illegal
11 entry , and despite clear evidence of the devastating con
12 sequences of his actions, he failed to take action to fulfill
13 his statutory duty to control the border.According to his
14 first Chief of the U.S. Border Patrol, Alejandro N.
15 Mayorkas summarily rejected" the "multiple options to
16 reduce the illegal entries...through proven programs and
17 consequences provided by civil service staff at DHS.De
18 spite clear evidence of the devastating consequences of his
19 actions , he failed to take action to fulfill his statutory duty
20 tocontroltheborder,inthat,amongotherthings:
21 (1)AlejandroN.MayorkasterminatedtheMi 22 grantProtectionProtocols(hereinafterreferredto23 as MPP).InTexasv.Biden,20F.4th928
24 (2021),theUnitedStatesCourtofAppealsforthe 25 Fifth Circuit explained that t]he district
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2
MPP has contributed to the current border
19
1 court pointed to evidence that the termination of
surge (citing DHS's own previous determinations
4 that MPP had curbed the rate of illegal entries) .
5 The district court had also pointed out that the
3
6 7
8 9
number of enforcement encounters that is, in stances where immigration officials encounter immigrants attempting to cross the southern border with
out documentation had skyrocketed since MPP's
10 termination
(2)AlejandroN.Mayorkasterminatedcon tracts for border wall construction .
11
12
13
14
15
16 asylumaccords.
17 In all of this , Alejandro N. Mayorkas breached the
18 public trust by knowingly making false statements to Con
19 gress and the American people and avoiding lawful over
20 sight in order to obscure the devastating consequences of
21 his willful and systemic refusal to comply with the law and
22 carry out his statutory duties. He has also breached the
23 public trust by willfully refusing to carry out his statutory
24 duty to control the border and guard against illegal entry,
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(3)AlejandroN.Mayorkasterminatedasylum cooperativeagreementsthatwouldhaveequitablysharedtheburdenofcomplyingwithinternational
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20
1 notwithstanding the calamitous consequences of his abdi
2 cation of that duty.
Wherefore Alejandro N. Mayorkas, by such conduct,
3
4 hasdemonstratedthathe willremaina threatto national
5 and border security , the safety of the American people ,
6 andtotheConstitutionifallowedtoremaininoffice,and
7 has acted in a manner grossly incompatible with his duties
8 and the rule of law. Alejandro N. Mayorkas thus warrants
9 impeachment and trial, removal from office, and disquali
10 fication to hold and enjoy any office of honor, trust, or profit under the UnitedStates.
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