Impeachment of Alejandro Mayorkas explained

Accused:Alejandro Mayorkas (Secretary of Homeland Security)
Proponents:Mike Johnson (Speaker of the House of Representatives)
Period: ⁠–⁠
Accusations:Dereliction of duty, perjury, contempt of Congress
Cause:Mexico–United States border crisis
Header Votes:Congressional votes
Vote1:First vote in the U.S. House of Representatives
Accusation1:Failure to comply with Federal immigration laws and breaching the public trust
Votes Favor1:214
Votes Against1:216
Present1:0
Not Voting1:1
Result1: Failed
Accusation2:Failure to comply with Federal immigration laws and breaching the public trust
Votes Favor2:214
Votes Against2:213
Present2:0
Not Voting2:4
Result2: Approved
Vote3:Vote in the U.S. Senate to dismiss Article I
Accusation3:Point of order that Article I — Failure to comply with Federal immigration laws, is unconstitutional and therefore out of order
Votes Favor3:51
Votes Against3:48
Present3:1
Not Voting3:0
Result3: Approved; Article ruled unconstitutional and out of order
Vote4:Vote in the U.S. Senate to dismiss Article II
Accusation4:Point of order that Article II — Breach of public trust, is unconstitutional and therefore out of order
Votes Favor4:51
Votes Against4:49
Present4:0
Not Voting4:0
Result4: Approved; Article ruled unconstitutional and out of order

On January 28, 2024, House Republicans indicated their intention to move forward with two articles of impeachment against Alejandro Mayorkas, the United States Secretary of Homeland Security, alleging "willful and systemic refusal to comply with the law" in regards to federal immigration laws and breach of the public trust.[1] On January 31, Republicans on the House Homeland Security Committee approved the articles along party lines for referral to the full House.[2] [3] Mayorkas is the second Cabinet member in history, and first since Secretary of War William W. Belknap in 1876, to be impeached.[4]

A full House vote on February 6 to impeach failed to pass in a 214–216 vote, with four House Republicans joining the minority Democratic Party in voting against the impeachment resolution. Mayorkas was impeached in a second vote on February 13, on a 214–213 vote, with three House Republicans voting "no".

On April 16, the articles of impeachment were delivered to the Senate. The next day, the Senate dismissed the accusations by agreeing to a point of order that the articles of impeachment did not comply with the United States Constitution because they did not "allege conduct that rises to the level of a high crime or misdemeanor".

Background

On November 23, 2020, President-elect Joe Biden announced his plan to nominate Alejandro Mayorkas, who had previously served in the Obama Administration as Director of U.S. Citizenship and Immigration Services and later as Deputy Secretary of Homeland Security, to be Secretary of Homeland Security.[5] [6] Mayorkas was confirmed by the United States Senate in a 56–43 vote.[7] This made Mayorkas's appointment one of the most contested of all Biden's cabinet nominees.[8]

In August 2021, Congressman Andy Biggs introduced a resolution to impeach Mayorkas. It was referred to the House Committee on the Judiciary and saw no further action.[9]

Ahead of the 2022 United States House elections, several Republican members of the U.S. House of Representatives expressed support for the idea of impeaching Mayorkas if their party won a House majority.[10] After Republicans won narrow control of the House for the 118th United States Congress, several impeachment resolutions were introduced and referred to committees without further action, including ones introduced by Pat Fallon in January 2023,[11] Andy Biggs in February 2023,[12] Marjorie Taylor Greene in May 2023,[13] and Clay Higgins in June 2023.[14]

On November 9, 2023, Greene filed a motion to impeach Mayorkas, citing a dereliction of duty and saying he "failed to maintain operational control of the [Southern] border".[15] The motion to impeach failed to pass on November 13, with the House voting 209–201 to refer the resolution to the House Homeland Security Committee. Eight Republicans joined all Democrats in blocking the measure from passing outright.[16] [17]

Impeachment articles

The resolution with the articles of impeachment against Mayorkas was introduced to the House of Representatives by Congresswoman Marjorie Taylor Greene on November 13, 2023. An amended resolution was reported from the House Committee on Homeland Security on February 3, 2024.[18]

Article 1

Article 1 of the impeachment alleges that Mayorkas "willfully and systematically refused to comply with Federal immigration laws".[19] The article focuses on the Immigration and Nationality Act of 1952. The act requires that migrants be detained while waiting for an Asylum decision.[20]

Article 2

Article 2 of the impeachment alleges that Mayorkas "breached the public trust" by lying to Congress and hindering the House Republican-led investigation into the Department of Homeland Security.[21]

House votes

First vote

On February 6, 2024, the House of Representatives voted to not impeach Mayorkas with 216 voting against and 214 voting in favor.[22] Four Republican members broke party ranks to vote against the impeachment: Ken Buck (CO-04), Mike Gallagher (WI-08), Tom McClintock (CA-05), and Blake Moore (UT-01). Steve Scalise (LA-01), the House majority leader, was absent for the vote due to being treated for cancer.[23] Representative Al Green of Texas was the final member to arrive, casting his no vote to tie 215–215 while wearing hospital scrubs after he had finished abdominal surgery.[24] Moore changed his vote to no shortly before the Speaker called the vote, allowing Republicans to vote again on the impeachment in the future as part of a motion to reconsider.[25]

PartyYesNoNot voting
Republican21441
Democratic212
Percentage49.8%50.2%
Total votes214 2161

Second vote

Following the first vote, Homeland Security Chair Mark Green (TN-07) said that Republicans intended to vote to impeach Mayorkas a second time when Scalise returned.[26] On February 9, the House Republican Caucus said they would vote again to impeach Mayorkas on Tuesday, February 13.[27] On February 13, 2024, the House voted 214–213 to impeach Mayorkas. Ken Buck, Mike Gallagher, and Tom McClintock again opposed the effort by their conference.[28] Four representatives missed the vote. Democrat Judy Chu missed the vote due to contracting COVID-19, while the three others were Floridian Representatives who had flight delays: Republicans Brian Mast and María Salazar, along with Democrat Lois Frankel.[29]

PartyYesNoNot voting
Republican21432
Democratic2102
Percentage50.1%49.9%
Total votes 2142134

Senate trial

The Senate began its impeachment preceedings on April 16, 2024. The impeachment managers were Mark Green, Michael McCaul, Andy Biggs, Ben Cline, Andrew Garbarino, Michael Guest, Harriet Hageman, Clay Higgins, Laurel Lee, August Pfluger, and Marjorie Taylor Greene. Under Senate rules, the impeachment trial must begin within one legislative day.[30]

The trial officially began on April 17.[31] Patty Murray (the president pro tempore of the Senate) presided.[32] After Senate Republicans rejected a time agreement proposed by Senate Majority Leader Chuck Schumer, which would have allowed for a limited amount of debate on the impeachment and set up a vote for a full trial, Schumer made a point of order that neither article of impeachment alleged "conduct that rises to the level of a high crime or misdemeanor" as required by the Constitution for an impeachment, and that they should have therefore been ruled out of order.[33] [34] In response, Republicans introduced motions to debate the impeachment articles in a closed session, adjourn the trial until April 30, and table Schumer's motion to table to the first article of impeachment. All three Republican motions failed in party-line votes, with all three Senate Independents voting with Democrats.[35] [36]

Votes on points of order

The Senate voted to take well the Schumer point of order for the first article of impeachment in a 51–48–1 vote. All Democrats and Independents voted for the point of order, while all but one Republican voted against it; Lisa Murkowski voted "present".[37]

PartyYesNoPresent
Democratic48
Republican481
Independent3
Percentage51.5%48.5%
Total votes 51481

The Senate voted to take well the Schumer point of order for the second article of impeachment in a 51–49 vote. All Democrats and Independents voted for the point of order and all Republicans voted against it.[38]

PartyYesNoPresent
Democratic48
Republican49
Independent3
Percentage51%49%
Total votes 5149

Response

Constitutional legal scholars asserted Republicans were using impeachment to address immigration policy disputes rather than for high crimes and misdemeanors, of which there was no evidence.[39] Doris Meissner, who under President Bill Clinton was the Commissioner of the Immigration and Naturalization Service, the predecessor to the Department of Homeland Security, argued: "This really is about policy differences and politics. These arguments that he’s violated the law and violated court orders are a smokescreen."[40] Legal scholar and law professor Jonathan Turley commented that the impeachment lacked a "cognizable basis" and that the inquiry had failed to show "conduct by the secretary that could be viewed as criminal or impeachable".[41] Frank Bowman of the University of Missouri School of Law, said: "Put simply, on one hand, even if successfully impeaching and removing a Cabinet officer could change the policy of a presidential administration, using impeachment for that purpose would be contrary to America’s constitutional design."[42] Former DHS secretary Michael Chertoff, a Republican, wrote an opinion piece in The Wall Street Journal that "Republicans in the House should drop this impeachment charade and work with Mr. Mayorkas to deliver for the American people."[43]

The conservative Wall Street Journal editorial board wrote an editorial opposing the impeachment, arguing "impeaching Mr. Mayorkas won't change enforcement policy and is a bad precedent that will open the gates to more cabinet impeachments by both parties", adding "a policy dispute doesn't qualify as a high crime and misdemeanor."[44] The New York Times, The Washington Post, and CNN variously characterized the first failed vote as a "stunning rebuke", a "calamitous miscalculation", and a "story of a House in utter disarray".[45] [46] [47] [48] [49]

See also

Notes and References

  1. News: Alemany . Jacqueline . House GOP unveils Mayorkas impeachment articles despite lack of evidence . . January 28, 2024.
  2. News: Grayer . Annie . House Republicans vote to advance effort to impeach DHS Secretary Mayorkas . . January 31, 2024 . February 6, 2024 . February 3, 2024 . https://web.archive.org/web/20240203151439/https://edition.cnn.com/2024/01/30/politics/impeaching-dhs-secretary-mayorkas-committee/index.html?Date=20240131&Profile=cnnbrk . live .
  3. News: 2024-01-31 . House Republicans move to impeach homeland security secretary . 2024-01-31 . . en-GB . 0261-3077 . 2024-01-31 . https://web.archive.org/web/20240131123932/https://www.theguardian.com/us-news/2024/jan/31/alejandro-mayorkas-impeached-house-republicans-border . live .
  4. News: House votes to impeach DHS Secretary Mayorkas over border crisis. 2024-02-14 . 2024-02-14 . . https://web.archive.org/web/20240214023457/https://www.foxnews.com/politics/mayorkas-impeachment-vote-house-representatives. live.
  5. News: Thomas. Ken. Restuccia. Andrew. Biden Reveals Some Cabinet Picks. The Wall Street Journal. November 23, 2020. . November 23, 2020. November 23, 2020. https://web.archive.org/web/20201123173716/https://www.wsj.com/articles/biden-reveals-some-cabinet-picks-11606152632. live.
  6. News: Crowley . Michael . Biden Will Nominate First Woman to Lead Intelligence, First Latino to Run Homeland Security . November 23, 2020 . . November 23, 2020 . November 23, 2020 . https://web.archive.org/web/20201123170639/https://www.nytimes.com/2020/11/23/us/politics/biden-nominees.html . live .
  7. Web site: U.S. Senate: U.S. Senate Roll Call Votes 117th Congress – 1st Session . senate.gov . 2024-02-06 . 2021-11-01 . https://web.archive.org/web/20211101120730/https://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=117&session=1&vote=00012 . live .
  8. Web site: 2021-02-02 . Josh Hawley is only senator to vote no on all Biden cabinet confirmations . Oliver . O'Connell . 2023-08-28 . . en . 2023-08-28 . https://web.archive.org/web/20230828192724/https://www.the-independent.com/news/world/americas/us-politics/josh-hawley-senate-confirmation-no-votes-b1796645.html . live .
  9. Web site: H.Res.582 - Impeaching Alejandro Nicholas Mayorkas, Secretary of Homeland Security, for high crimes and misdemeanors. . www.congress.gov . 16 February 2024 . 25 August 2023 . https://web.archive.org/web/20230825154217/https://www.congress.gov/bill/117th-congress/house-resolution/582 . live .
  10. Web site: Siegel . Benjamin . Axelrod . Tal . What to expect if Republicans take the House in the midterms: Investigations, possible impeachments . . 4 December 2022 . en . November 8, 2022 . 4 December 2022 . https://web.archive.org/web/20221204074216/https://abcnews.go.com/Politics/expect-republicans-house-midterms-investigations-impeachment/story?id=92799444 . live .
  11. Web site: H.Res.8 - Impeaching Alejandro Nicholas Mayorkas, Secretary of Homeland Security, for high crimes and misdemeanors. . www.congress.gov . 16 February 2024 . 29 November 2023 . https://web.archive.org/web/20231129192623/https://www.congress.gov/bill/118th-congress/house-resolution/8 . live .
  12. Web site: H.Res.89 - Impeaching Alejandro Nicholas Mayorkas, Secretary of Homeland Security, for high crimes and misdemeanors. . www.congress.gov . 16 February 2024 . 20 March 2023 . https://web.archive.org/web/20230320232431/https://www.congress.gov/bill/118th-congress/house-resolution/89 . live .
  13. Web site: H.Res.411 - Impeaching Alejandro Nicholas Mayorkas, Secretary of Homeland Security, for high crimes and misdemeanors. . www.congress.gov . 16 February 2024.
  14. Web site: H.Res.470 - Impeaching Alejandro Nicholas Mayorkas, Secretary of Homeland Security, for high crimes and misdemeanors. . www.congress.gov . 16 February 2024 . 29 November 2023 . https://web.archive.org/web/20231129192656/https://www.congress.gov/bill/118th-congress/house-resolution/470 . live .
  15. Web site: Duncan-Smith . Nicole . Rep. Marjorie Taylor Greene Calls Fellow Republican the P-Word After He Criticizes Her Lack of 'Maturity' . . November 13, 2023 . November 17, 2023 . November 18, 2023 . https://web.archive.org/web/20231118032543/https://news.yahoo.com/rep-marjorie-taylor-greene-calls-192150395.html?guce_referrer=aHR0cHM6Ly93d3cuZ29vZ2xlLmNvbS8&guce_referrer_sig=AQAAANi6cIhtRY37sleo1jwui7Ety9L5PyWO509Fm_Z_PaKSZ2EFgZBPTi8tJVwiV1P-3ALCfq_erJGk99GbUSdw7S8Fn_r-z7QPC7kEHFgoFgduU9EOkfLV8AAxMX_OsEZHMZBGD5rkFAWDIjqJSES5CltVY7SWQoMDZI4VE3qM_Bge . live .
  16. Web site: Tran . Ken . House blocks Marjorie Taylor Greene's push to impeach Homeland Security Secretary Alejandro Mayorkas . . November 16, 2023 . November 17, 2023 . November 18, 2023 . https://web.archive.org/web/20231118032545/https://www.usatoday.com/story/news/politics/2023/11/13/marjorie-taylor-greene-impeach-alejandro-mayorkas-fails/71570362007/ . live .
  17. Web site: Warburton . Moira . Hesson . Tom . US House votes to pause impeachment of Homeland Security Secretary Mayorkas . . November 14, 2023 . November 17, 2023 . November 18, 2023 . https://web.archive.org/web/20231118032544/https://www.reuters.com/world/us/us-house-vote-impeachment-homeland-security-secretary-mayorkas-2023-11-13/ . live .
  18. Web site: H.Res.863 - Impeaching Alejandro Nicholas Mayorkas, Secretary of Homeland Security, for high crimes and misdemeanors. –Actions . www.congress.gov . 16 February 2024 . 14 February 2024 . https://web.archive.org/web/20240214183453/https://www.congress.gov/bill/118th-congress/house-resolution/863/actions . live .
  19. Web site: January 28, 2024 . House Republicans unveil articles of impeachment against DHS Secretary Alejandro Mayorkas . Kyle . Stewart . Lebowitz . Megan . February 6, 2024 . . en . February 6, 2024 . https://web.archive.org/web/20240206100821/https://www.nbcnews.com/politics/immigration/house-republicans-unveil-articles-impeachment-dhs-secretary-alejandro-rcna135972 . live .
  20. January 31, 2024 . What to Know About House Republicans' Push to Impeach Mayorkas . Nik . Popli . February 6, 2024 . . en . February 14, 2024 . https://web.archive.org/web/20240214140656/https://time.com/6590641/alejandro-mayorkas-impeachment-house-gop/ . live .
  21. February 6, 2024. House Republicans to hold a vote to impeach Homeland Security Secretary Alejandro Mayorkas Mayorkas. Scott. Wong. Kaplan. Rebecca. February 6, 2024. . en. February 6, 2024. https://web.archive.org/web/20240206010606/https://time.com/6590641/alejandro-mayorkas-impeachment-house-gop/. live.
  22. Web site: Republican impeachment of Mayorkas fails . . February 6, 2024 . February 6, 2024 . February 6, 2024 . https://web.archive.org/web/20240206215038/https://www.nytimes.com/live/2024/02/06/us/mayorkas-impeachment . live .
  23. Web site: MSN . . 2024-02-08 . 2024-02-14 . https://web.archive.org/web/20240214130626/https://www.msn.com/en-us/news/politics/speaker-johnson-calls-failed-mayorkas-impeachment-vote-a-setback/ar-BB1hW05g . live .
  24. News: Yousif . Nadine . February 6, 2024 . Al Green leaves hospital to cast vote against Alejandro Mayorkas impeachment . . February 13, 2024 . February 10, 2024 . https://web.archive.org/web/20240210012226/https://www.bbc.com/news/world-us-canada-68228938 . live .
  25. Web site: Grayer . Annie . House vote to impeach Mayorkas fails in stunning defeat for Republican leaders . . February 6, 2024 . February 6, 2024 . February 6, 2024 . https://web.archive.org/web/20240206131453/https://www.cnn.com/2024/02/06/politics/house-vote-mayorkas-impeachment/index.html . live .
  26. Web site: Carney. Jordain. Beavers. Olivia. House GOP fails to impeach Mayorkas over border handling. Politico. February 6, 2024. February 6, 2024. February 7, 2024. https://web.archive.org/web/20240207000054/https://www.politico.com/live-updates/2024/02/06/congress/mayorkas-impeachment-fails-00139994. live.
  27. Web site: Yilek. Caitlin. House sets second Mayorkas impeachment vote for Tuesday. CBS News. February 9, 2024. February 11, 2024. February 9, 2024. https://web.archive.org/web/20240209234139/https://www.cbsnews.com/news/homeland-security-secretary-alejandro-mayorkas-second-impeachment-vote-scheduled/. live.
  28. Web site: Lai . K.K. Rebecca . Parlapiano . Alicia . Wu . Ashley . Yourish . Karen . How Every Member Voted on Impeaching Alejandro Mayorkas . . February 13, 2024 . February 13, 2024 . February 13, 2024 . https://web.archive.org/web/20240213233241/https://www.nytimes.com/interactive/2024/02/13/us/politics/house-live-vote-mayorkas-impeachment.html . live .
  29. Web site: California Dem misses close Mayorkas impeachment vote due to COVID-19. Lauren. Sforza. The Hill. February 13, 2024. February 13, 2024. February 14, 2024. https://web.archive.org/web/20240214041117/https://thehill.com/homenews/house/4466861-democrat-misses-close-mayorkas-impeachment-vote-due-to-covid-19/. live.
  30. Web site: House sends Mayorkas impeachment articles to Senate as clash over trial looms. Kaia. Hubbard. CBS News. April 16, 2024. April 16, 2024.
  31. Web site: Pecorin. Allison. Democrats will try to dismiss Mayorkas impeachment articles as GOP demands full tria. ABC News. April 17, 2024. April 17, 2024.
  32. Web site: Senate dismisses two articles of impeachment against Homeland Security secretary, ends trial . KSLTV . . 19 April 2024 . en-us . 17 April 2024.
  33. Web site: Senate setting up vote to kill first impeachment article against Mayorkas. Barrett. Ted. CNN. April 17, 2024. April 17, 2024.
  34. Web site: GOP rejected Schumer's agreement that would have allowed floor debate. Barrett. Ted. CNN. April 17, 2024. April 17, 2024.
  35. Web site: Amendments to move to closed session and adjourn fail. Barrett. Ted. CNN. April 17, 2024. April 17, 2024.
  36. Web site: Senate voting on whether to kill first article of impeachment against Mayorkas. Barrett. Ted. CNN. April 17, 2024. April 17, 2024.
  37. Web site: Senate kills first impeachment article against Mayorkas. Barrett. Ted. CNN. April 17, 2024. April 17, 2024.
  38. Web site: Senate kills first impeachment article against Mayorkas. Barrett. Ted. CNN. April 17, 2024. April 17, 2024.
  39. News: Alemany . Jacqueline . House GOP unveils Mayorkas impeachment articles despite lack of evidence . . January 28, 2024.
  40. Web site: February 6, 2024. Legal experts counter GOP claims that Mayorkas broke the law. Rebecca. Beitsch. February 6, 2024. The Hill. en. February 6, 2024. https://web.archive.org/web/20240206111502/https://thehill.com/homenews/house/4449623-legal-experts-counter-gop-claims-that-mayorkas-broke-the-law/. live.
  41. Web site: Mastrangelo . Dominick . Turley says there's no 'cognizable basis' for Republicans to impeach Mayorkas . . 2024-01-29 . 2024-01-30 . 2024-01-30 . https://web.archive.org/web/20240130024616/https://thehill.com/homenews/media/4435259-turley-republicans-impeach-mayorkas/ . live .
  42. Web site: January 10, 2024. Republicans and Democrats spar over grounds for Mayorkas impeachment. Julia. Ainsley. February 6, 2024. NBC News. en. February 5, 2024. https://web.archive.org/web/20240205143307/https://www.nbcnews.com/politics/immigration/impeachment-mayorkas-republicans-democrats-spar-rcna133322. live.
  43. News: Chertoff . Michael . Don't Impeach Alejandro Mayorkas . January 28, 2024 . . February 7, 2024 . February 7, 2024 . https://web.archive.org/web/20240207083056/https://www.wsj.com/articles/dont-impeach-alejandro-mayorkas-misuse-of-process-for-policy-differences-1f0ba02c . live .
  44. Web site: January 30, 2024. Impeaching Mayorkas Achieves Nothing. The Editorial Board. February 6, 2024. The Wall Street Journal. en. February 6, 2024. https://web.archive.org/web/20240206043711/https://www.wsj.com/articles/alejandro-mayorkas-impeachment-house-republicans-border-immigration-homeland-security-1a431a5d. live.
  45. News: In stunning vote, House Republicans fail to impeach Secretary Mayorkas. The Washington Post. February 6, 2024. Jacqueline Alemany. Amy B Wang. Marianna Sotomayor. Paul Kane. February 7, 2024. February 7, 2024. https://web.archive.org/web/20240207130918/https://www.washingtonpost.com/politics/2024/02/06/house-mayorkas-impeachment/. live.
  46. News: Edmondson . Catie . Dysfunction Reigns in Congress as G.O.P. Defeats Multiply . . February 6, 2024 . February 7, 2024 . February 7, 2024 . https://web.archive.org/web/20240207083546/https://www.nytimes.com/2024/02/06/us/politics/border-ukraine-israel-aid-congress.html . live .
  47. News: Collinson . Stephen . How a botched impeachment laid bare a GOP House that cannot function . . February 6, 2024 . February 7, 2024 . February 7, 2024 . https://web.archive.org/web/20240207083256/https://edition.cnn.com/2024/02/07/politics/mike-johnson-house-republicans-impeachment/index.html . live .
  48. News: 2024-02-07 . Al Green leaves hospital to cast vote against Alejandro Mayorkas impeachment . . 2024-02-08 . en-GB . 2024-02-08 . https://web.archive.org/web/20240208001357/https://www.bbc.com/news/world-us-canada-68228938 . live .
  49. News: Guo . Kayla . 2024-02-07 . Al Green, in Hospital Garb, Delivers Vote to Kill Mayorkas Impeachment . 2024-02-08 . . en-US . 0362-4331 . 2024-02-08 . https://web.archive.org/web/20240208004107/https://www.nytimes.com/2024/02/06/us/politics/al-green-mayorkas-impeachment.html . live .

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