House Republicans have sent two articles of impeachment against Homeland Security Secretary Alejandro Mayorkas to the Senate, launching a trial as they seek to highlight President Joe Biden’s immigration policy. Despite this, the Democratic-controlled Senate is expected to dismiss the charges quickly without a trial or conduct a speedy trial without a conviction. Mayorkas is the first Cabinet secretary to be impeached in nearly 150 years, with Republicans targeting him over his handling of the southern border since taking control of the House last year.
Constitutional experts have argued that the evidence presented by Republicans does not meet the high bar of high crimes and misdemeanors set by the US Constitution. Democrats have dismissed the impeachment proceedings as politically motivated and meritless. The issue now moves to the Senate, where Democratic senators, along with some Republicans, expect the chamber to move to dismiss the case before a full trial. Senators could be sworn in as jurors soon if the case is not dismissed outright without a trial.
The impeachment process against Mayorkas has fueled skepticism among Republicans about the prospects of impeaching Biden, who remains a top investigative target for the GOP. House Republicans lack the votes and concrete evidence to impeach Biden due to their razor-thin majority, leaving that separate inquiry stalled. Mayorkas has defended his leadership, and DHS has criticized the impeachment effort as a baseless political attack, with a spokesperson stating that the Republicans are wasting time on a sham impeachment.
Republicans have targeted Mayorkas to attack Biden and his administration’s handling of the border crisis, with border crossings reaching record highs and cities managing an influx of migrants. The White House has attempted to shift the narrative, accusing Republicans of blocking a bipartisan border deal that would have strengthened immigration laws and provided more resources to address the border situation. Former President Trump and House Speaker Mike Johnson opposed the bill, claiming it would negatively impact Republicans politically.
GOP arguments for impeachment have been met with pushback from constitutional experts and Democrats, who argue that policy disagreements do not justify the constitutional impeachment of a Cabinet official. Legal scholars have criticized the lack of evidence for impeachable offenses, with experts like Ross Garber and Michael Chertoff stating that the charges do not meet the standard of high crimes and misdemeanors. Senate Democrats are considering how to handle the trial procedurally, with options including a motion to dismiss or a full trial that would require a two-thirds majority vote for a conviction.
The Senate is expected to wrap up the impeachment trial quickly, with little support for a conviction of Mayorkas. Republican Whip John Thune believes many Republicans will vote for a full trial, while some may join Democrats in dismissing the case. GOP lawmakers have called for a fair trial, urging Senate Majority Leader Chuck Schumer not to dismiss the articles hastily. The impeachment managers in the Senate include a group of House Republicans, with proceedings overseen by Senate President Pro Tempore Patty Murray.
