House Republicans plan to bring their case against Homeland Security Secretary Alejandro Mayorkas to the Senate this week, following his impeachment by the Republican-controlled House in February. The charges against Mayorkas include accusations of refusing to enforce immigration laws and lying to Congress about border security. Democrats argue that the charges are a policy dispute rather than “high crimes and misdemeanors” as required for impeachment.
Despite the impeachment vote being the first in nearly 150 years against a Cabinet secretary, the Senate is expected to quickly dismiss the trial as Democrats hold the majority. Senate Majority Leader Chuck Schumer has not yet revealed his plans for the trial proceedings, but Republicans are pushing for a full trial to be held. The outcome of the trial is largely dependent on whether Democrats can gather enough votes to dismiss the charges.
The Senate will follow a process for impeachment that includes the House managers delivering the charges by reading the articles on the Senate floor. Senators will then be sworn in as jurors, and a summons will be issued to Mayorkas. The president pro tempore of the Senate, Patty Murray, will preside over the proceedings. The next steps after the swearing-in of jurors are still unclear, as the Senate will have to decide how to proceed with the trial.
If Schumer is able to gather a simple majority, Democrats could dismiss the trial outright or table the impeachment articles, allowing the Senate to move on to other business. However, if they are unable to do so, a trial committee may be formed to investigate the charges. The possibility of a trial committee is seen as a second option if the trial cannot be dismissed. Both parties have the ability to call witnesses and issue final reports to the Senate.
If the Senate proceeds to a trial, senators will be required to sit in their seats for potentially weeks while the House impeachment managers and Mayorkas’ lawyers make their cases. Witnesses may be called, and senators will have the opportunity to question both sides before a final vote on conviction. Despite the looming trial, Mayorkas has stated that he is focused on his work and hopes the impeachment proceedings do not take away from his responsibilities. He is expected to testify about his department’s budget proposal at a Senate committee meeting.
