HRES 863 United States House · 118th Congress

Impeaching Alejandro Nicholas Mayorkas, Secretary of Homeland Security, for high crimes and misdemeanors.

HRES 863 is a formal resolution introduced by Representative Marjorie Taylor Greene impeaching Secretary of Homeland Security Alejandro Mayorkas. It alleges Mayorkas violated his constitutional duty by failing to secure the border, citing specific claims including approximately 10 million border encounters, 400,000 unaccompanied children, and the presence of individuals from nations linked to terrorism. The resolution asserts these failures breached the Secure Fence Act, the Guarantee Clause of the Constitution, and immigration laws, and cites rising fentanyl seizures and border-related deaths as evidence. This resolution, referred to the House Homeland Security Committee, formally charges Mayorkas with "high crimes and misdemeanors" for impeachment proceedings.
Sub-Topics: Border Security
Bill status passed 3 of 5 stages cleared
Introduction
Nov 2023
Committee Review
Feb 2024
House Passage
Feb 2024
Senate Passage
President
Introduced Nov 13, 2023 Last action Apr 16, 2024
Maddy AI version diff · 1 comparison

What changed between versions

Introduced in House Engrossed in House · 6 edits · Feb 13, 2024
MODERATE
The impeachment resolution against Homeland Security Secretary Alejandro Mayorkas was substantially rewritten between its introduction (November 2023) and engrossment (February 2024). Article I was completely restructured from a narrative citing the Secure Fence Act and Guarantee Clause into a legally precise article titled 'Willful and Systemic Refusal to Comply With the Law' that cites specific Immigration and Nationality Act sections and federal court rulings. A new Article II, 'Breach of Public Trust,' was added alleging false statements to Congress, obstruction of oversight, and failure to control the border. The changes make the resolution more legally grounded and add a second independent basis for impeachment.
SCOPE

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.

REQUIREMENT

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.'

TECHNICAL

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.

DEFINITION

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.

Floor votes · House Feb 13, 2024

How they voted

214213
Passed · 4 other
Total votes 431
Feb 13, 2024
D Democratic212
210 Nay 2
99% Nay
I Independent1
1 Yea
100% Yea
R Republican218
213 Yea 3 Nay 2
97% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
33
Key actions
7
Committee
8
Amendments
3
Feb 13, 2024
Introduced
On agreeing to the resolution, as amended Agreed to by the Yeas and Nays: 214 - 213 (Roll no. 43).
lower
Feb 13, 2024
Lower · Passed
Passed/agreed to in House: On agreeing to the resolution, as amended Agreed to by the Yeas and Nays: 214 - 213 (Roll no. 43).
lower
Feb 6, 2024
Introduced
POSTPONED PROCEEDINGS - The Chair put the question on the motion to reconsider the vote on H. Res. 863, as amended, and by voice vote, announced that the ayes had prevailed. Mr. Moore (UT) demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.
lower
Feb 6, 2024
Lower · Passed
Rule provides for consideration of H. Res. 863 and H.R. 485. The resolution provides for consideration of H. Res. 863 under a closed rule and H.R. 485 under a structured rule. The rule provides for two hours of general debate on H. Res. 863 and one hour of general debate on H.R. 485. One motion to recommit allowed on H.R. 485. The resolution further provides that upon adoption H. Res. 863, H. Res. 995 is considered adopted; and further, that no other resolution incidental to impeachment relating to H. Res. 863 shall be privileged during the remainder of the 118th Congress.
lower
Feb 5, 2024
Lower · Passed
Rules Committee Resolution H. Res. 996 Reported to House. Rule provides for consideration of H. Res. 863 and H.R. 485. The resolution provides for consideration of H. Res. 863 under a closed rule and H.R. 485 under a structured rule. The rule provides for two hours of general debate on H. Res. 863 and one hour of general debate on H.R. 485. One motion to recommit allowed on H.R. 485. The resolution further provides that upon adoption H. Res. 863, H. Res. 995 is considered adopted; and further, that no other resolution incidental to impeachment relating to H. Res. 863 shall be privileged during the remainder of the 118th Congress.
lower
Feb 3, 2024
Lower · Passed
Reported (Amended) by the Committee on Homeland Security. H. Rept. 118-372.
lower
Jan 30, 2024
Introduced
Ordered to be Reported (Amended) by the Yeas and Nays: 18 - 15.
lower
Jan 30, 2024
Lower · Passed
Committee Consideration and Mark-up Session Held
lower
Jan 30, 2024
Lower · Passed
Subcommittee on Oversight, Investigations, and Accountability Discharged
lower
Jan 30, 2024
Lower · Passed
Subcommittee on Border Security and Enforcement Discharged
lower
Nov 13, 2023
Committee
Referred to the House Committee on Homeland Security.
lower
Nov 13, 2023
Committee
Referred to the Subcommittee on Oversight, Investigations, and Accountability.
lower
Nov 13, 2023
Committee
Referred to the Subcommittee on Border Security and Enforcement.
lower
Nov 13, 2023
Introduced
Introduced in House
lower
1 primary · 17 co-sponsors

Sponsors