Senate Democrats are expected to end the impeachment trial of Homeland Security Secretary Alejandro Mayorkas on Wednesday before arguments even begin. Senate Majority Leader Chuck Schumer is planning to call votes to dismiss two articles of impeachment against Mayorkas following the swearing-in of senators as jurors. House impeachment managers appointed by Speaker Mike Johnson delivered the charges to the Senate on Tuesday, accusing Mayorkas of willfully and systematically refusing to enforce immigration laws at the U.S.-Mexico border.
Majority Democrats have argued that the GOP case against Mayorkas does not meet the constitutional standard of “high crimes and misdemeanors” required for impeachment. Schumer has indicated that he may have enough votes to end the trial immediately if he chooses to do so. House Republicans, led by Johnson, continue to push for a trial to hold those responsible for the border crisis accountable. However, Mayorkas has maintained his focus on the work of his department and stated that he is committed to addressing online safety for children while the Senate deliberates on his impeachment.
As the Senate prepares to transform into a court of impeachment, the procedural steps on Wednesday remain unclear. Democrats, led by Sen. Patty Murray, will likely manage the trial proceedings. While Senate Republicans may raise objections if a vote is called to dismiss or table the articles, they do not have the numbers to block a dismissal if Democrats are united in their decision. Some GOP senators have hinted at potentially supporting Democrats in ending the trial, citing the lack of constitutional grounds for impeachment and Mayorkas following presidential directives.
House impeachment managers previewed their arguments against Mayorkas during a hearing on President Joe Biden’s budget request for the Homeland Security Department. The articles of impeachment accuse Mayorkas of failing to enforce laws, breaching the public trust, and providing false information to Congress. If Democrats are unable to dismiss the articles, they may consider following the precedent of previous impeachment trials for federal judges by creating a trial committee to investigate the charges. The outcome of the Senate trial, if it proceeds, remains uncertain in a politically charged environment.
If the Senate were to proceed with an impeachment trial for Mayorkas, it would be the third in five years following the impeachments of President Donald Trump. A conviction would require a two-thirds majority vote, which is unlikely given the current Senate composition. The trial would involve senators closely examining the arguments presented by both the House impeachment managers and Mayorkas’ legal team, potentially lasting for weeks. It remains to be seen whether Democrats will push for a full trial or opt to conclude the impeachment process quickly, especially in the lead-up to a presidential election year.
