FIRST ON FOX: Rep. Andy Biggs, R-Ariz., is introducing a new impeachment article against Homeland Security Secretary Alejandro Mayorkas, accusing him of violating his oath of office and failing to enforce U.S. immigration law.
The articles were first introduced by Biggs, who has repeatedly called for Mayorkas to be removed from his position, in 2021 and accuse Mayorkas of having" engaged in a pattern of conduct that is incompatible with his duties as an Officer of the United States."
Now, with a record 2.3 million encounters of migrants in FY 2022, and more than 251,000 in December alone -- and with Republicans having taken control of the House -- that impeachment push has been renewed.
"Secretary Mayorkas has failed to faithfully uphold his oath and has instead presided over a reckless abandonment of border security and immigration enforcement, at the expense of the Constitution and the security of the United States. Secretary Mayorkas has violated, and continues to violate, this oath by failing to maintain operational control of the border and releasing hundreds of thousands of illegal aliens into the interior of the United States."
It also accuses him of having failed to implement the 2006 Secure Fence Act which requires DHS to take actions to "achieve and maintain operational control" over the border.
BORDER PATROL UNIONS SAYS AGENTS COULD BACK MAYORKAS IMPEACHMENT AS CRISIS RAGES
Finally it accuses him of having violated the Immigration and Nationality Act (INA) by releasing illegal immigrants in the U.S., despite what Biggs says is a requirement to detain illegal immigrants.
"The Secretary of Homeland Security does not have the option of simply releasing those aliens into the interior of the United States," the articles say. They also cite his ending of the Migrant Protection Protocols (MPP), a Trump-era program that kept migrants in Mexico for the duration of their hearings.
Rep. Biggs impeachment articles v Mayorkas by Adam Shaw on Scribd
"The actions of Secretary Mayorkas have made the border less secure and encouraged aliens to enter the United States illegally, instead of taking actions to maintain operational control of the border. His actions have subverted the will of Congress and the core tenants of the Constitution."
The articles come after Rep. Pat Fallon, R-Texas, introduced articles last month. Those articles included an allegation that Mayorkas "publicly and falsely slandered" border agents who were falsely accused of whipping Haitian migrants in Del Rio, Texas, in 2021.
MCCARTHY CALLS ON MAYORKAS TO RESIGN OR POTENTIALLY FACE IMPEACHMENT INQUIRY: ‘ENOUGH IS ENOUGH’
The push to impeach Mayorkas has received some potential support from GOP Leadership. Now-Speaker McCarthy said in November that Mayorkas must resign or potentially face impeachment.
"He cannot and must not remain in that position," he said. "If Secretary Mayorkas does not resign, House Republicans will investigate every order, every action and every failure to determine whether we can begin an impeachment inquiry."
DHS has previously pushed back, saying Mayorkas has no plan to resign and that the administration inherited a broken and dismantled immigration system, which it has repeatedly said is Congress’ job to fix. In a statement Wednesday, DHS again put the ball in Congress’ court.
DHS PUSHES BACK AGAINST MCCARTHY CALL FOR MAYORKAS TO RESIGN OR FACE POTENTIAL IMPEACHMENT
"Secretary Mayorkas is proud to advance the noble mission of this Department, support its extraordinary workforce, and serve the American people. The Department will continue our work to enforce our laws and secure our border, while building a safe, orderly, and humane immigration system. Instead of trying to point fingers and score political points, the Members of Congress recklessly and baselessly pursuing impeachment should work on legislative solutions for our broken system, which has not been updated in over 40 years," a spokesperson said.
Recently, the Border Patrol union said its agent would potentially support an impeachment push in order to get a spotlight on the crisis at the border.
"How else are we going to drive the message home to Mayorkas and the White House that this is truly a disaster down here and we need help?" National Border Patrol Council vice president Jon Anfinsen told Fox News at the border.
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Meanwhile, the administration has said its recent border measures "are working" after what it says is a dramatic reduction in numbers in January since the rollout of expanded border measures last month. It has also renewed its calls on Congress to pass a sweeping immigration bill -- but that has little chance of passing given that Republicans have balked at the inclusion of a pathway to citizenship for millions of illegal immigrants.