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Chairman Green in New Letter to Ranking Member Thompson: “I Would Encourage You to Engage Meaningfully in Your Oversight Duties as a Member of this Committee”

January 26, 2024

WASHINGTON, D.C. – Today, House Committee on Homeland Security Chairman Mark E. Green, MD (R-TN) responded to Ranking Member Bennie Thompson’s (D-MS) letter regarding the Committee’s upcoming markup of articles of impeachment against Department of Homeland Security (DHS) Secretary Alejandro Mayorkas. Read highlights of Chairman Green’s response below. Read the full letter here.
In the letter, Chairman Green states, “This impeachment inquiry is proceeding by the direction of the full House. In United States v. Ballin, the Supreme Court held that for House proceedings, ‘all matters of method are open to the determination of the house.’ In this case, on November 13, 2023, during a vote of the full House, every single Democrat present, including you, Mr. Ranking Member, agreed to refer articles of impeachment to the Committee for consideration. Now, the Committee must do its duty to consider and report these articles to the full House.”
“Secretary Mayorkas has never been denied any rights. There is no requirement in House or Committee rules that an authorizing resolution pass the full House floor to allow for consideration of a measure referred to this Committee. Further, had Secretary Mayorkas chosen to appear before the Committee to testify, his counsel was welcome to attend. The Committee’s decision to move forward to mark up the resolution despite Secretary Mayorkas’ evasion of accountability, does not deny him any rights.”
“Secretary Mayorkas was afforded ample opportunity to testify before the Committee and refused to do so. On at least three separate occasions, Secretary Mayorkas was invited to testify on his own behalf to the Committee to defend his actions as Secretary of the Department of Homeland Security. In response, his staff either tacitly declined my invitations or engaged in a game of cat-and-mouse by not promptly responding to the Committee and then later claiming that he would like to find a mutually agreeable day, though never offering any days or times in which to testify. Most recently, on January 5, 2024, the Secretary Mayorkas was invited to appear before the Committee at our January 18th hearing as part of official impeachment proceedings. The Secretary rejected the offer to testify, and his office failed to communicate with the Committee on 
‘mak[ing] himself available’ to testify at another time. Understanding that his declinations would continue, and our investigative duties would be stymied, the Committee offered Secretary Mayorkas 10 days from the date of the January 18th hearing to provide written testimony. The Committee has yet to receive a response.”
Chairman Green concludes, “This Committee will indeed proceed to a markup of the impeachment resolution next week. There is ample evidence as to why we must proceed, and while I understand the ‘partisan sham’ of attacking the process is easier for you than defending the Secretary’s actions, I would encourage you to engage meaningfully in your oversight duties as a Member of this Committee.”

Speaker of the House Mike Johnson stated on CBS’ “Face the Nation” earlier this month, “Our Homeland Security Committee has done its job. They have a constitutional responsibility, a legal responsibility, to investigate what is happening with the agency that they have oversight for. They’ve done that for a year, very methodically, carefully, in detail. And they’ve documented all that.” House Majority Leader Steve Scalise noted similarly, “The Homeland Security Committee has laid out tremendous evidence for impeachment. They’ve been building a strong case for months now. And the case is overwhelming.” And House Majority Whip Tom Emmer said, “Mark Green I think is running a very fair process. It’s been deliberate, it’s been thoughtful, it’s exactly what the House is supposed to do as far as oversight.”

Throughout the five-phase investigation that culminated in these impeachment proceedings, the Committee published detailed reports of its findings, totaling nearly 400 pages, which are linked below:

These reports conclusively establish that Secretary Mayorkas is chiefly responsible for the chaos and devastation that has unfolded at America’s borders over the past three years. His willful and systemic refusal to comply with the laws passed by Congress has incentivized unprecedented mass illegal immigration. He has breached the public trust by misleading Congress and the American people on numerous occasions about the consequences of his decisions and the operational realities on the border. As a result, the criminal cartels have been empowered, Americans and migrants alike are suffering in record numbers, and cities and states across the country are assuming massive financial costs. 

As part of the investigative process, the Committee has conducted 10 full and subcommittee hearings, gathering testimony from more than two dozen witnesses. The Committee, along with the House Oversight Committee, also conducted transcribed interviews of chief and deputy chief patrol agents responsible for the Border Patrol’s nine Southwest border sectors as part of this investigation. These senior agents gave compelling testimony about the many consequences of Secretary Mayorkas’ open borders:

Throughout the process, Secretary Mayorkas has refused to cooperate with Committee requests for him to appear and provide testimony on his refusal to comply with U.S. law which has exacerbated the border crisis.