The House of Representatives is gearing up for a vote on Tuesday to decide whether to impeach Homeland Security Secretary Alejandro Mayorkas. If successful, this would mark the first time in nearly 150 years that a Cabinet official has been impeached. House Republicans claim that Mayorkas has committed high crimes and misdemeanors in his handling of the southern border. However, several constitutional experts have opined that the evidence falls short of meeting the required standard.
While Mayorkas may face impeachment in the House, the Democratic-controlled Senate is unlikely to support the charges. Senate Democrats are contemplating their response if Mayorkas is impeached, debating whether to proceed with a trial or swiftly dismiss it as a politically motivated move. Notably, Republicans can only afford to lose three votes in their slim majority, and there are a few lawmakers who have not yet disclosed how they plan to vote. One Republican representative, Ken Buck of Colorado, has already declared that he will not vote in favor of impeaching Mayorkas.
House GOP Majority Whip Tom Emmer has expressed confidence in securing enough Republican votes for the impeachment, stating, 'I'm confident we are going to pass it.' In American history, only one Cabinet official, Secretary of War William Belknap, has been impeached, back in 1876.
House Homeland Security Chairman Mark Green, who is leading the impeachment effort, has been holding meetings with undecided GOP members to garner support. While House Republicans believe that impeaching Mayorkas and pressuring President Joe Biden to take more executive action is the solution to address the border crisis, their Senate counterparts have collaborated with Democrats on a border deal that aims to make crucial changes to immigration law. However, House Speaker Mike Johnson has dismissed the Senate deal as 'dead on arrival.'
Republicans have been investigating Mayorkas' handling of the border issue since regaining the House majority. Momentum for swift impeachment gained traction as some swing-district Republicans expressed newfound openness to the idea amid a recent surge in migrant crossings at the southern border. Green asserts that Mayorkas' refusal to comply with the law and breach of public trust constitute high crimes and misdemeanors. He supports his argument by citing comments from Supreme Court Justice Samuel Alito.
However, several legal scholars, including Alan Dershowitz, who represented former President Donald Trump in his first impeachment trial, have expressed doubts about the evidence presented by House Republicans. Other critics of the impeachment effort include former DHS Secretary Michael Chertoff, constitutional law expert Jonathan Turley, and 25 law professors who argue that the evidence does not rise to the level of impeachment.
In response to these allegations, Mayorkas sent a letter defending his record in public service. He highlighted the challenges of the broken immigration system and urged Congress to provide a legislative solution. The Department of Homeland Security (DHS) also condemned House Republicans' impeachment efforts, labeling them a 'farce' and a 'distraction from other vital national security priorities.' The DHS memo countered Republican claims by emphasizing the administration's record in removing or returning migrants and challenging the notion of operational control over the border.
Democrats on the Homeland Security Committee have criticized their Republican colleagues' impeachment efforts, calling them a 'sham.' The White House weighed in, characterizing the resolution as 'an unprecedented and unconstitutional act of political retribution' that fails to address the border challenges effectively.
It is worth noting that the GOP impeachment effort bypasses the typical procedure of launching an impeachment inquiry through the House Judiciary Committee. Instead, the Homeland Security Committee, led by Republicans, has taken the initiative. While Republicans conducted an extensive investigation, holding hearings and interviews, they have drawn criticism for not giving Mayorkas an opportunity to testify before moving forward with impeachment articles.
As the House prepares for the vote on Mayorkas' impeachment, the outcome remains uncertain. Regardless of the House's decision, the impeachment process faces significant obstacles in the Senate, casting doubt on the likelihood of Mayorkas being charged and removed from office.
