House Impeaches DHS Secretary Mayorkas, Senate Up Next
Department of Homeland Security (DHS) Secretary Alejandro Mayorkas became just the second cabinet member in U.S. history, and the first in nearly 150 years, to be impeached.
The House voted 214 to 213 to impeach Secretary Mayorkas over the security situation at the Southern border, with House Republicans accusing the secretary of “willful and systemic refusal to comply with the law” and “breach of public trust.”
The impeachment comes a week after the first impeachment vote failed by two votes, as four Republicans joined Democrats to vote down the measure, including one who switched his vote to “no” in order bring impeachment articles up again.
This time, three Republicans joined Democrats in opposing impeachment. House Majority Leader Steve Scalise (R-LA) returned to Washington from cancer treatment to cast the deciding vote in favor of impeachment.
“From his first day in office, Secretary Mayorkas has willfully and consistently refused to comply with federal immigration laws, fueling the worst border catastrophe in American history. He has undermined public trust through multiple false statements to Congress, obstructed lawful oversight of the Department of Homeland Security, and violated his oath of office,” said House Speaker Mike Johnson (R-LA).
Republicans were able to galvanize support in the GOP caucus by citing record numbers of migrant crossings. In December alone, more than 225,000 migrants were encountered along the border, the highest monthly total since the year 2000.
After the vote, the Department of Homeland Security responded with a statement, saying “without a shred of evidence or legitimate Constitutional grounds, and despite bipartisan opposition, House Republicans have falsely smeared a dedicated public servant who has spent more than 20 years enforcing our laws and serving our country."
Democrats denounced the impeachment as a political stunt. Senate Majority Chuck Schumer called it a “new low” for House Republicans, adding that Republicans failed to “present any evidence of anything resembling an impeachable offense.”
President Biden also slammed Republicans, saying “instead of staging political stunts like this, Republicans with genuine concerns about the border should want Congress to deliver more border resources and stronger border security.”
Next Steps
Now the impeachment moves to the Senate to determine whether Secretary Mayorkas is removed from office.
A two-thirds majority is required for conviction and removal, seen as highly unlikely in the Democratic controlled Senate.
Senator Schumer said that the articles of impeachment will be presented by House impeachment managers once the Senate returns from its recess later this month.
However, it is not clear how Senator Schumer plans to deal with the issue. While traditionally a trial is conducted, the Majority Leader has options, and it is possible Democrats could dismiss the charges with a majority vote and skip a formal trial.
“It'll fail in the Senate," said Senator James Lankford (R-OK), lead Republican negotiator on the recently failed border compromise. "If I could use the House term, it'll be dead on arrival when it comes over."
The only other cabinet member to be impeached was William Belknap in 1876, who served as President Ulysses S. Grant’s Secretary of War. The House impeached Belknap for corruption, but the Senate failed to convict him.