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Senate Deems Impeachment Articles Against Mayorkas Unconstitutional

Homeland Security Secretary Alejandro Mayorkas testifies during a hearing of the Senate Appropriations Committee on Capitol Hill, Nov. 8, 2023, in Washington. House Republicans are marching ahead with

On Wednesday, the Senate deemed both articles of impeachment against Department of Homeland Security Secretary Alejandro Mayorkas as unconstitutional in two party-line votes. The first article accused Mayorkas of willfully and systematically refusing to comply with the law regarding the southern border in his role as DHS secretary. The second article alleged a breach of public trust.

Majority Leader Chuck Schumer proposed a point of order declaring the first article unconstitutional, which was supported by most senators after several failed Republican motions. The vote resulted in a 51-48 decision, with one senator voting present.

First article accused Mayorkas of not complying with the law regarding the southern border.
Senate voted on articles of impeachment against DHS Secretary Alejandro Mayorkas.
Second article alleged a breach of public trust.

Schumer's point of order came after his request for unanimous consent was objected to by a Republican senator who argued for a full trial rather than the proposed debate and points of order. Despite objections from GOP lawmakers, motions to adjourn or table the point failed.

Senate Minority Leader Mitch McConnell expressed concerns about the process being short-circuited and motioned to table Schumer's point of order. Following further motions, the Senate eventually agreed to deem the second article unconstitutional in a party-line vote of 51-49.

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