The Senate has dismissed all impeachment charges against Homeland Security Secretary Alejandro Mayorkas regarding his handling of the U.S.-Mexico border, with Democrats arguing the articles were unconstitutional. The House Republicans’ case failed to meet the standard of high crimes and misdemeanors. Senate Republicans had called for a full impeachment trial after the House impeached Mayorkas for willfully and systematically refusing to enforce immigration laws. This is the first time in nearly 150 years that a Cabinet secretary was impeached. The dismissal of the case, with no chance to argue, is an embarrassing defeat for House Republicans and Speaker Mike Johnson.
Republicans have criticized President Joe Biden for being weak on border security, with illegal crossings skyrocketing during the last two years of his term. The Democrats have argued that instead of impeaching Mayorkas, Republicans should have accepted a bipartisan Senate compromise aimed at reducing the number of migrants entering the U.S. illegally. The Senate session became a court of impeachment once the senators were sworn in, with Democratic Sen. Patty Murray presiding. While Republicans called for votes to delay the inevitable outcome, none passed as Democrats and Independents held together.
Senate Republican Leader Mitch McConnell expressed concern that history would not judge this moment well and warned against the abuse of the impeachment process. Even if the Senate held a trial, Republicans would not have the votes needed to convict and remove Mayorkas from office. Mayorkas reiterated his focus on the work of his department and expressed that he was in New York launching a campaign for children’s online safety. House Speaker Johnson had delayed sending the articles to the Senate while both chambers finished work on government funding, but ultimately decided to send them across the Capitol.
During a hearing with Mayorkas on President Biden’s budget request, House impeachment managers previewed the arguments they would have made if the trial had proceeded. Tennessee Rep. Mark Green accused Mayorkas of failing to fulfill his oath, refusing to comply with laws passed by Congress, and breaching the public trust. Mayorkas defended the department’s efforts but highlighted the need for Congress to fix the fundamentally broken immigration system. This impeachment trial marks the third in five years, with former President Donald Trump being impeached twice before being acquitted by the Senate both times.
If the Senate had proceeded with an impeachment trial for Mayorkas, senators would have been required to sit through weeks of arguments from House impeachment managers and Mayorkas’ legal team. However, with the dismissal of the charges, Mayorkas’ trial has ended without the opportunity for the case to be presented. Democrats maintain control of the Senate and were united in rejecting the impeachment effort, ensuring Mayorkas remains in office. The border security issue is likely to remain a top political issue for both Republicans and Democrats in the upcoming presidential election year.
