Senate Rejects One of Two Articles of Impeachment Against Mayorkas

The Senate has voted to dismiss the first of two articles of impeachment against Homeland Security Secretary Alejandro Mayorkas, marking the initial step in ending the trial concerning his handling of the U.S.-Mexico border,

Democrats argued that the first article, accusing Mayorkas of “willful and systemic refusal to comply with the law,” is unconstitutional. Senate Majority Leader Chuck Schumer has urged for a second vote to dismiss the second article, which accuses Mayorkas of breaching trust by claiming the border was secure.

The vote to dismiss the first article was 51-48 along party lines, with Republican Sen. Lisa Murkowski of Alaska voting “present.”

If both articles are dismissed by the Senate, the trial will come to an end before any arguments can begin. Schumer emphasized that the House Republicans’ case does not meet the required standard of “high crimes and misdemeanors” and could establish a dangerous precedent.

“For the sake of the Senate’s integrity and to preserve impeachment for those rare instances when it is truly necessary, senators should dismiss today’s charges,” said Schumer, D-N.Y., at the start of Wednesday’s session.

Back in February, the House narrowly voted to impeach Mayorkas for his handling of the border, alleging in the two articles that he “willfully and systematically” failed to enforce immigration laws. House impeachment managers presented the charges to the Senate on Tuesday, reading them aloud in the presence of the senators.

An outright dismissal of the House Republicans’ pursuit of Mayorkas, without the opportunity to present the case, would be a significant setback for House Republicans and Speaker Mike Johnson, R-La., who prioritized the impeachment. This outcome is likely to have political implications for both Republicans and Democrats in a presidential election year, with border security being a key issue.

Republicans argue that President Joe Biden’s handling of the border has been inadequate as illegal crossing arrests surged to over 2 million during the last two years of his term, although the numbers have decreased from a peak of 250,000 in December due to enhanced enforcement in Mexico. Democrats suggest that instead of pursuing impeachment against Mayorkas, Republicans should have considered a bipartisan Senate compromise aimed at reducing unauthorized migration into the U.S.

After the senators were sworn in on Wednesday, the chamber transformed into an impeachment court, with Democratic Sen. Patty Murray of Washington presiding. Murray, as the Senate’s president pro tempore, oversaw the proceedings as senators signed an oath book in groups of four, which will be stored in the National Archives.

Schumer later requested votes to dismiss the trial after Republicans rejected a proposed agreement for debate time and votes on GOP objections. Senate Republican Leader Mitch McConnell called for a delay in the proceedings, leading Republican senators in discussions on how to proceed and calling for votes to postpone the final decision. All votes were split along party lines.

As Johnson signed the articles on Monday in preparation for their transmission to the Senate, he insisted that Schumer should initiate a trial to “hold those responsible for this crisis to account.”

Johnson stated, “Schumer is obstructing the accountability demanded by the American people. As per the Constitution, the House insists on a trial.”

Regardless, Republicans do not have the necessary support from two-thirds of the Senate to convict and remove Mayorkas from office—Democrats hold a 51-49 majority in the Senate, and they appear united in rejecting the impeachment effort. Not a single House Democrat supported it.

While most Republicans oppose an immediate dismissal, some have indicated they may align with Democrats.

Sen. Mitt Romney, R-Utah, expressed uncertainty last week regarding his stance if a motion to dismiss the trial were introduced. “It is highly unlikely that someone will be convicted when the constitutional threshold has not been met,” he commented.

However, Romney emphasized his desire to express his belief that “Mayorkas has performed poorly, but he is following the president’s directives and has not met the constitutional criteria for high crimes or misdemeanors.”

On Wednesday, while in New York launching a campaign for children’s online safety, Mayorkas reiterated his focus on the department’s work. “The Senate will make the appropriate decisions as the process unfolds,” he stated. “I am in New York City on Wednesday morning combating online sexual exploitation and abuse. I remain committed to our mission.”

The two articles claim that Mayorkas not only neglected to uphold existing laws but also violated public trust by providing false information to Congress about border security. This marks the first instance in almost 150 years that a Cabinet secretary has faced impeachment.

Following this, Johnson delayed sending the articles to the Senate for several weeks while both chambers completed work on government funding legislation and took a two-week break. Despite initial plans to send them to the Senate the previous week, Johnson postponed once more after Senate Republicans requested additional preparation time.

House impeachment managers provided a glimpse of their arguments during a hearing with Mayorkas on Tuesday, focusing on President Joe Biden’s departmental budget request.

Representative Mark Green of Tennessee, chair of the House Homeland Security panel, reminded the secretary of his responsibility to uphold and defend U.S. borders under the law. He accused Mayorkas of failing to fulfill this duty during his tenure and disregarding Congress-passed laws, breaching public trust in the process.

Mayorkas defended the department’s efforts, attributing the shortcomings to a fundamentally flawed immigration system that requires legislative action to rectify.

Other impeachment managers include various representatives from different states, all prepared to argue their case against Mayorkas.

Should Democrats prove unable to dismiss or table the articles, they could opt to follow the precedent set by previous impeachment trials of federal judges and establish a trial committee to investigate the charges. However, considering the circumstances, Democrats may opt to terminate the process entirely, particularly in an election year where immigration and border security are focal points.

This impeachment trial marks the third in five years. Previously, Democrats impeached President Donald Trump twice, once over his dealings with Ukraine and again following the events of January 6, 2021, at the Capitol. Trump was acquitted by the Senate on both occasions.

During a trial, senators would be required to remain in their seats for an extended period, possibly weeks, while the House impeachment managers and Mayorkas’ legal representatives present their arguments. The Senate has the authority to call witnesses, if deemed necessary, and pose questions to both sides after the initial arguments.