It's time to impeach DHS chief Mayorkas

Those sworn to uphold the United States Constitution are given a sacred trust by the American people. When people violate that oath, they attack the principle of government by consent of the governed. In the case of Department of Homeland Security (DHS) Secretary Alejandro Mayorkas and the ongoing border crisis, violations of that oath can endanger American lives. As representatives whose state has come under siege by these policies, we are calling on Congress to begin impeachment procedures. 

The case against Mayorkas is as lengthy as it is clear. In simplest terms, he has failed to faithfully execute America’s laws, and harmed Americans as a result, all to achieve a political outcome not supported by the law: establishing a wide-open border to issue legal status to as many illegal migrants as possible. 

FOX NEWS FOOTAGE SHOWS MASS RELEASE OF SINGLE ADULT MIGRANTS INTO US

Nearly every month since Mayorkas took office, border encounters have increased as enforcement has deteriorated. There were roughly 1.96 million enforcement actions in fiscal year 2021 – the highest yearly total on record.  Just last December, there were over 178,000 encounters at our southern border – the highest December on record. 

During this time, Secretary Mayorkas terminated construction of the border wall, despite Congressional appropriation. Worse still, the already purchased construction materials are rusting while paid-for contracts go unfulfilled. The secretary has caused CBP to become overwhelmed and less-capable to enforce the law – primarily by failing to utilize tools such as Title 42 and the "Remain in Mexico" policy. Secretary Mayorkas can enforce the CDC public health order 42 U.S. Code § 265 (Title 42) and is choosing not to do so for tens of thousands of illegal migrants, turning away fewer than 60% under the provision last FY.  

Mayorkas has released migrants, despite the law, into the United States. Generally, any individual who illegally crosses our border is required by statute to be detained and placed in removal proceedings. However, reports show that border patrol directly released 283,000 migrants into the U.S. in FY21, 95,000 without the statutory requirement of a "Notice to Appear." This doesn’t include the estimated 400,000 known "got-aways" or the roughly 120,000 Unaccompanied Alien Children (UAC) released by HHS in FY21. 

MIGRANT ENCOUNTERS INCREASED AGAIN AT THE SOUTHERN BORDER IN DECEMBER: COURT DOCS

Since Secretary Mayorkas has been in charge at DHS, almost 14,000 pounds of fentanyl have been seized by federal agents at the southern border – for comparison, in combined years FY19 and FY20 roughly 7,600 pounds were seized. These drugs are killing Americans. In the 12-month period ending in April 2021, an estimated 100,306 Americans died from drug overdoses. According to the CDC, synthetic opioids (like fentanyl) are the primary driver of overdose deaths in the United States. In fact, fentanyl deaths are now the leading cause of death for 18- to 45-year-olds.

Mayorkas has empowered cartels and allowed illegal aliens to destroy private property, placing American citizens at risk of physical harm and endangering livelihoods. In May, a Carrizo Springs, Texas, rancher reported that chases and "bailouts" – when migrants jump out of a vehicle and run away – had been happening on her property multiple times per week since January, often damaging her property. Ranchers in South Texas regularly find the bodies of dead migrants on their land. For counties like Brooks County, Texas, which found over 108 dead migrant bodies last year alone; factoring in autopsies, burials and special equipment to retrieve individuals, each one can cost a county $13,100 by one estimate. 

In sum, the secretary’s brazen dereliction of duty is directly harming the American people by endangering their lives and livelihoods on a daily basis. 

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Article II of the Constitution requires that the president "take care that the laws be faithfully executed."  Though "faithfully executing the laws" is not explicitly written to apply to Cabinet secretaries, ​​their duties and the responsibility of the president to faithfully execute the laws are intertwined – thus, each secretary must likewise fulfill the duty to faithfully execute the laws. 

The DHS secretary’s oath requires Mayorkas to "well and faithfully discharge the duties of the office on which [he is] about to enter." Congress has enacted border security laws that require the secretary of Homeland Security to "achieve and maintain operational control over the entire international land and maritime borders of the United States."

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Mayorkas has not only failed to maintain operational control of the border, but his actions also have directly facilitated the loss thereof.  

While Mayorkas has violated many laws in letter and spirit, impeachment does not require a criminal offense or a violation of statute per se: rather, the Constitution leaves the question of impeachable conduct ultimately to Congress. The encroachments described have undermined the rule of law, violated the Constitution, and placed the lives and inalienable rights of Americans in danger. His impeachment should begin right away.