Arizona Lawmaker Holds ‘Impeach Mayorkas’ Event, Submits Impeachment Articles

Arizona Lawmaker Holds ‘Impeach Mayorkas’ Event, Submits Impeachment Articles
U.S. Rep. Andy Biggs (R-Ariz.) questions Homeland Security Secretary Alejandro Mayorkas as he testifies before the House Judicary Committee at the Rayburn House Office Building in Washington, on April 28, 2022. (Kevin Dietsch/Getty Images)
Joseph Lord
2/8/2023
Updated:
2/8/2023
0:00

Rep. Andy Biggs (R-Ariz.) on Feb. 8 held an event calling for the impeachment of Department of Homeland Security (DHS) Secretary Alejandro Mayorkas.

Biggs announced the event, which was streamed to Facebook, in a press release obtained by the Epoch Times.

“Today, Congressman Andy Biggs ... will hold an impeach Department of Homeland Security Secretary Alejandro Mayorkas forum at The Heritage Foundation,” the press release reads.

Homeland Security Secretary Alejandro Mayorkas in Los Angeles on June 10, 2022. (Patrick T. Fallon/AFP via Getty Images)
Homeland Security Secretary Alejandro Mayorkas in Los Angeles on June 10, 2022. (Patrick T. Fallon/AFP via Getty Images)

Republicans have long vowed to take up measures to impeach Mayorkas, as well as Attorney General Merrick Garland, if they took back the House.

As head of DHS, Mayorkas has overseen an unprecedented influx of illegal immigrants along the southern border. Often, these illegal aliens come with dangerous drugs like fentanyl, and sex abuse—of women and children alike—has become rampant. Many Americans living along the U.S.–Mexico border have said they cannot leave their homes without a gun, and do not allow their children outside unaccompanied.

Mayorkas further faces allegations of lying to or misleading members of Congress—a criminal offense.

“Secretary Mayorkas definitely needs to be impeached,” Rep. Marjorie Taylor Greene (R-Ga.) said during the event.

The Heritage Foundation’s Mark Morgan, one of the panelists, agreed, calling Mayorkas “the key architect” of the administration’s border policies.

Mayorkas, Morgan added, has "unabashed[ly]and defiantly transformed his position from a bipartisan protector of our nation’s homeland to nothing more than a front man pedal.”

“He uses his position of influence to alter facts, downplay the severity of the crisis, and convince Americans that everything is under control,” Morgan said.

“This is not about a policy difference. It’s about having a [DHS] secretary who will uphold the Constitution and the rule of law,” he concluded.

In August 2021, Biggs became the first member of Congress to issue articles of impeachment against Mayorkas for “dereliction of duty in protecting our nation’s borders [constituting] high crimes and misdemeanors.” Because Democrats held the Congress at the time, the measure was never taken up.

‘Reckless Abandonment of Border Security’

On Feb. 1, Biggs submitted revised articles of impeachment against Mayorkas, calling for Mayorkas’ removal from office “for high crimes and misdemeanors.” Unlike in the last Congress, Biggs said he expects this Congress to take up the articles.

“[Biggs] has now introduced an updated version of these articles and expects the 118th Congress to proceed with the impeachment process against Mayorkas,” the press release said. “Members of Congress will be in attendance and advocate for the impeachment of Secretary Mayorkas. Four expert witnesses will provide testimony.”

“Alejandro Nicholas Mayorkas, in his conduct while Secretary of Homeland Security, engaged in a pattern of conduct that is incompatible with his duties as an Officer of the United States,” Biggs said in the resolution.

Specifically, Biggs cited Mayorkas’ track record in overseeing the security of the border.

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,” Biggs wrote.

Specifically, Biggs said, “Secretary Mayorkas has willfully refused to maintain operational control of the border as required by the Secure Fence Act of 2006. His actions have directly led to an increase in illegal aliens and illegal narcotics, including deadly fentanyl, entering the United States.”

Because of the loss of operational control of the border, Biggs noted, in 2022 alone, enough fentanyl made its way into the United States “to kill every American 10 times over.” This year, criminals appear to be on track to import even more fentanyl across the border.

“In addition to increasing the number of illegal aliens, Secretary Mayorkas’s policies have led to a significant increase in illegal drug smuggling across the southern border,” he wrote. “In just 2 months of fiscal year 2023, more deadly fentanyl has been seized at the border than the entire amount in any year on record before. The 14,700 pounds seized at the border in fiscal year 2022 is enough to kill every American 10 times over.

“As a result of this, fentanyl is now the leading cause of death among people 18–45, and opioid deaths are at an all-time high across our Nation.”

Joining Biggs at the event were Reps. Michael Cloud (R-Texas), Matt Gaetz (R-Fla.), Bob Good (R-Va.), Ralph Norman (R-S.C.), and Troy Nehls (R-Texas), among others.

‘Don’t Tell Me They’re Humane’

The first witness was Tom Homan, former acting U.S. Immigration and Customs Enforcement (ICE) director. During impassioned testimony about the border crisis, he rejected the notion that Biden’s border policy was more “humane” than President Donald Trump’s.

“We keep hearing under the Biden administration [that] we’re gonna create ‘a more humane process’ than under the Trump administration,” Homan said.

“However, under this administration, over 100,000 Americans have died. 1,700 minors have died. [A] record number of sex trafficking women and children (sic). Cartels are making billions.”

The fault for this, Homan said, lies squarely with the administration.

“This is what this administration has done, so don’t tell me they’re humane,” he said. “Under the Trump administration when immigration went down 86 percent ... how many women weren’t being raped? How many children weren’t dying in the [Rio Grande] river? How many Americans didn’t die of a fentanyl overdose because the border was secure? How many more terrorists [made it into the country] because the border isn’t secure?”

Homan said that ending this crisis is simple.

He reported that the common procedure during his tenure as ICE director was to hold illegal immigrants until they saw a judge and got a hearing on their immigration status.

“90 percent lost their case,” Homan said.

Under Biden and Mayorkas, the United States has moved to a policy of “catch and release,” whereby many illegal aliens apprehended at the border are released into the country to await their court date; most, however, never show up.

Under Mayorkas, Homan added, “ICE isn’t even looking for” illegal aliens who miss their day in court.

“That alone should be cause for impeachment,” Homan said.

Homan concluded that “if they can impeach a president for making a phone call,” a reference the first impeachment charges leveled against Trump, “they can certainly impeach a secretary who took control of the Department of Homeland Security [and] unsecured our border on purpose.”

Morgan struck the same chord.

“How many Americans have to die before we say ‘enough is enough’?”

It is unclear if Speaker of the House Kevin McCarthy (R-Calif.), who as speaker has almost unilateral authority over what comes to the floor, will allow a vote on the measure.

In the past, McCarthy has said that Republicans “won’t play politics” with impeachment.

Even if the resolution passes the House, it would face a steeper challenge in the Senate.

Following the successful passage of an impeachment resolution through the House of Representatives, the Senate is responsible for determining by a supermajority vote whether to remove the impeached individual.

Impeachment, at least until recently, has been exceedingly rare in the United States. Articles of impeachment have been passed by the House only 21 times.

Two of these occasions were directed against Trump. Another was against President Bill Clinton. Though it is commonly believed that President Richard Nixon was impeached, in truth he resigned his post prior to the passage of any articles of impeachment through the House. The only other impeachment of a president was in the case of President Andrew Johnson.

Aside from presidential impeachments, the House has passed articles of impeachment only 16 times. Only eight people have ever been convicted by the Senate; all were federal judges.

If McCarthy agreed to advance Biggs’ resolution, Mayorkas would become only the second cabinet member in U.S. history to be impeached, joining Secretary of War William Belknap. Belknap was ultimately acquitted.

Likely, Republicans would not have the votes in the Senate to remove Mayorkas from office. Even if every single Republican agreed—far from a guarantee in the upper chamber, where lawmakers tend to be more moderate—proponents of impeachment would still be 11 votes short.

Without wide bipartisan support, the effort to remove Mayorkas would be impossible.

Mayorkas Response

Mayorkas has previously dismissed GOP efforts to impeach him. “Secretary Mayorkas is proud to advance the noble mission of this department, support its extraordinary workforce, and serve the American people,” a DHS spokesperson told The Epoch Times earlier in January in response to another impeachment effort brought by Rep. Pat Fallon (R-Texas).
Fallon’s articles of impeachments resembled Biggs’, contending that the DHS chief had committed “high crimes and misdemeanors” and violated his constitutional oath of office (pdf).

The DHS added that it “will continue our work to enforce our laws and secure our border, while building a safe, orderly, and humane immigration system.” The spokesperson took aim at impeachment moves, saying, “Members of Congress can do better than point the finger at someone else.”

“[T]hey should come to the table and work on solutions for our broken system and outdated laws, which they have not updated in over 40 years.”

DHS did not immediately reply to a request for comment.

This article was updated to include a DHS statement.