House Schedules Trial for Mayorkas Impeachment Articles

House Speaker Mike Johnson announced on Tuesday that impeachment charges against Alejandro Mayorkas are being sent to the Senate. These charges allege that the Homeland Security Secretary has willfully and systematically refused to enforce existing immigration laws.

However, the proceedings may not last long.

While the Senate is required to convene a trial under impeachment rules once the charges are delivered, Democrats are expected to try to dismiss or table the charges before the arguments begin.

Majority Democrats argue that the GOP case against Mayorkas does not meet the standard of “high crimes and misdemeanors” outlined in the Constitution for impeachment. Senate Majority Leader Chuck Schumer is likely to have enough votes to end the trial immediately. The proceedings are set to begin on Wednesday.

Schumer emphasized the need to address the issue expediently and stated that impeachment should not be used to settle policy disagreements, setting a precedent for Congress.

The Senate will swear in senators as jurors on Wednesday, transforming the chamber into an impeachment court. A summons will be issued to Mayorkas to inform him of the charges and request a written response. Mayorkas will not be required to appear in the Senate.

The path forward after this point remains uncertain as impeachment rules grant the Senate the discretion to decide on next steps.

Republicans are advocating for a full trial, arguing that accountability is essential. Johnson signed the articles of impeachment on Monday in preparation for their transmission to the Senate, urging Schumer to hold a trial to hold those responsible for the immigration crisis accountable.

The House narrowly voted in February to impeach Mayorkas for his border handling. House Republicans alleged that he had not only failed to enforce existing laws but also breached the public trust by misleading Congress about border security. This marked the first impeachment of a Cabinet secretary in nearly 150 years.

If the Senate proceeds to an impeachment trial, it would be the third in five years. Democrats impeached former President Donald Trump twice, once over his dealings with Ukraine and a second time following the January 6, 2021, Capitol attack. Trump was acquitted both times by the Senate.