Impeaching Alejandro Nicholas Mayorkas, Secretary of Homeland Security, for high crimes and misdemeanors.
What changed between versions
Article I was completely rewritten. The original cited the Secure Fence Act of 2006 and the Guarantee Clause (Article IV, Section 4) as primary legal bases. The new version is titled 'Willful and Systemic Refusal to Comply With the Law' and instead cites specific sections of the Immigration and Nationality Act (sections 235(b)(2)(A), 235(b)(1)(B)(ii), 235(b)(1)(B)(iii)(IV), 236(c), 241(a)(2), 212(d)(5)(A), and 236(a)) as the laws Mayorkas allegedly violated, supported by federal court rulings including Texas v. Biden, Texas v. United States, Florida v. United States, and United States v. Texas.
A new Article II titled 'Breach of Public Trust' was added. It alleges that Mayorkas knowingly made false statements to Congress (about border security, Afghan vetting, removal timelines, and a narrative about Border Patrol agents), failed to comply with congressional subpoenas, delayed or denied access to the DHS Office of Inspector General, and willfully refused to fulfill his statutory duty under INA section 103(a)(5) to control the border by terminating Migrant Protection Protocols, border wall construction contracts, and asylum cooperative agreements.
The original Article I contained a detailed list of approximately 16 categories of 'special interest aliens' broken down by country (Iran, Afghanistan, Syria, Egypt, Uzbekistan, Turkey, Pakistan, Lebanon, Jordan, Iraq, Mauritania) with specific arrest counts. This entire section was removed from the engrossed version.
The 'Wherefore' conclusion clause was strengthened in both articles to state that Mayorkas 'has demonstrated that he will remain a threat to national and border security, the safety of the United States people, and the Constitution if allowed to remain in office,' adding forward-looking language about ongoing danger beyond the original version's simpler statement that he 'warrants impeachment and trial.'
The resolution was moved from the 1st Session to the 2d Session of the 118th Congress, with the date updated from November 13, 2023 to February 13, 2024. The header format was restructured to standard legislative formatting.
Updated statistics were incorporated: border encounter numbers now show fiscal year 2023 data (over 2,400,000 encounters), unaccompanied alien children figure changed from approximately 400,000 to approximately 450,000, immigration court backlog described as more than doubling from about 1,300,000 to over 3,000,000 cases, and migrant smuggling revenues cited as rising from about $500 million in 2018 to approximately $13 billion in 2022.