Republican Defections Prevent House Vote from Impeaching Homeland Security Secretary Mayorkas
In a surprising turn of events, House Republicans were unable to impeach Homeland Security Secretary Alejandro Mayorkas on Tuesday. A few GOP lawmakers defected from the party’s plan, causing a setback for the Republicans and forcing them to shelve their high-profile priority for now. The impeachment charges against Mayorkas were an attempt by the Republicans to punish the Biden administration for its handling of the U.S-Mexico border.
The House Democrats stood united against the charges, calling the proceedings a sham designed to please former President Donald Trump. They argued that the charges did not meet the constitutional bar of treason, bribery, or “high crimes and misdemeanors.” Representative Jim McGovern, a Democrat from Massachusetts, called Mayorkas “a good man, a decent man” who is simply trying to do his job.
Even if the Republicans were able to impeach Mayorkas, he is not expected to be convicted in a Senate trial where Republican senators have shown little interest in the effort. The Senate could simply refer the matter to a committee for its own investigation, delaying immediate action.
The impeachment charges against Mayorkas came as border security became a top political issue in the run-up to the 2024 election. Record numbers of people have been arriving at the southern border, many fleeing countries around the world. Mayorkas has referred to this as an era of global migration. The situation has put strain on cities that are ill-equipped to provide housing and other aid to the migrants while they await judicial proceedings.
The Committee on Homeland Security had been investigating Mayorkas for much of the past year, including probing the flow of deadly fentanyl into the U.S. The investigation was pushed to the forefront by Representative Marjorie Taylor Greene, a Trump ally. The committee swiftly held hearings before announcing the two articles of impeachment against Mayorkas.
The arguments in favor of impeachment played out in an almost empty chamber, lacking the fervor and solemnity of past proceedings. The Republicans blamed Mayorkas for the influx of migrants coming to the U.S., while Democratic Leader Hakeem Jeffries accused the Republicans of staging a stunt to appease Trump.
Mayorkas, a former federal prosecutor, chose not to testify on his own behalf but submitted a rare letter to the panel defending his work. He has been shuttling between the House and Senate to negotiate a bipartisan border security package, earning praise from a group of senators involved. However, the legislation is expected to face defeat in a Wednesday test vote.
Some Republicans, including Representative Tom McClintock of California and retiring Representative Ken Buck of Colorado, announced their opposition to impeaching Mayorkas. They argued that the charges failed to identify an impeachable crime committed by Mayorkas and stretched the interpretation of the Constitution.
Impeachment, once a rare occurrence in the U.S., has become both a constitutional check on the executive and a political weapon. The House Republicans have made impeachments, censures, and other rebukes a priority this session of Congress, setting a new standard that worries scholars and others who fear the potential abuse of such powers.
Experts have argued that Mayorkas has been caught up in a policy dispute with Republicans who disagree with the Biden administration’s approach to the border situation. Constitutional law expert Jonathan Turley stated that impeachment should not be used for being “a bad Cabinet member,” while lawyer Alan Dershowitz pointed out that Mayorkas has not committed bribery, treason, or high crimes and misdemeanors.
Three former secretaries of the Department of Homeland Security, Michael Chertoff, Janet Napolitano, and Jeh Johnson, warned that impeaching Mayorkas over policy disputes could jeopardize national security.
Overall, the failed impeachment vote against Mayorkas highlights the ongoing political divide and the use of impeachment as a tool to punish officials and lawmakers. It remains uncertain whether the House will revisit the plans to impeach Mayorkas, but for now, the Biden administration’s Homeland Security Secretary remains in his position.
