House Speaker Mike Johnson is set to send impeachment charges against Homeland Security Secretary Alejandro Mayorkas to the Senate, alleging that he has willfully and systematically refused to enforce existing immigration laws. The Senate is obligated to convene a trial on these charges, but Democrats are expected to try to dismiss or table the charges before the arguments begin. Senate Majority Leader Chuck Schumer may have enough votes to end the trial immediately. The proceedings are scheduled to begin on Wednesday.
Schumer has expressed a desire to address the issue as quickly as possible and emphasizes that impeachment should not be used to settle policy disagreements, as it would set a negative precedent for Congress. Senators will be sworn in as jurors on Wednesday, and a summons will be issued to Mayorkas to inform him of the charges. He will not need to appear in the Senate at any point. Republicans are pushing for a full trial to hold those responsible for the border crisis to account.
The House impeached Mayorkas in February for his handling of the border, marking the first time in nearly 150 years a Cabinet secretary has been impeached. House Republicans have charged Mayorkas with refusing to enforce existing law and breaching the public trust by lying to Congress about border security. Johnson has delayed sending the articles to the Senate while both chambers wrapped up government funding legislation and took a recess. Senate Republicans want a full trial to examine the evidence against Mayorkas and reach a final conclusion on the matter.
Impeachment managers appointed by the House, including Mark Green, believe that Democrats have failed to address the border crisis and an impeachment trial is an opportunity to correct the course. Senate Republicans are likely to raise objections to a vote to dismiss or table the charges in an effort to protest and delay the process. However, they cannot block a dismissal if Democrats have the votes to support it. While Republicans may not have enough support to convict and remove Mayorkas from office, they are pushing for a trial to hold him accountable for his actions.
If Democrats are not able to dismiss the articles, they could choose to follow the precedent of past impeachment trials and establish a trial committee to investigate the charges. The Senate has previously impeached former President Donald Trump twice, but he was acquitted both times. A trial for Mayorkas would require senators to stay in their seats for potentially weeks while hearing arguments from both sides. Mayorkas has expressed a desire to focus on his work rather than the Senate proceedings. The outcome of the trial will ultimately depend on the votes and decisions of the senators involved.
