Two counts of impeachment against Secretary of Homeland Security Alejandro Mayorkas, approved on Feb. 13 by the House of Representatives, are to be formally presented to the U.S. Senate today.
Eleven House members previously named as impeachment managers will walk from the lower chamber through Statuary Hall in the Capitol and then to the Senate in a brief ceremony that has been repeated only 17 times since the first Congress in 1789. House Democrats did so twice after impeaching former President Donald Trump in 2020 and 2021.
Eight of the 17 Senate impeachment trials resulted in convictions, while nine ended without convictions. A two-thirds majority of the Senate is required to convict an impeached officer of the federal government. Neither former President Donald Trump, former President Bill Clinton in 1998, nor President Andrew Johnson in 1868 were convicted.
Senate rules require the House managers to read the two counts in the Senate chamber. Then Senate Senate President Pro Tempore Patty Murray (D-Wash.) will swear the senators in as jurors. A written summons will be issued to Mr. Mayorkas for him to appear, which he may or may not choose to heed.
The senators will then have an opportunity to adopt rules governing how the trial will be conducted. The rules adopted by the Senate in 1986 were in place for the Clinton and Trump trials.
Senate Majority Leader Chuck Schumer (D-N.Y.) is expected to enter a motion either to dismiss or table the two impeachment counts against Mr. Mayorkas. Earlier this year, Mr. Schumer described the House impeachment action as a “sham.”
With public anger over the more than 8 million illegal immigrants allowed to enter the country under President Joe Biden, Mr. Schumer is determined to avoid a public trial during which the House managers can be expected to present evidence demonstrating Mr. Mayorkas acted at the direction of the chief executive.
Senate Republicans, led by senators Ted Cruz of Texas, Mike Lee of Utah, John Kennedy of Louisiana, Ron Johnson of Wisconsin, Eric Schmitt of Missouri, and Roger Marshall of Kansas will attempt to bring multiple points of order against Mr. Schumer’s motion.
If any one of the GOP points of order is approved by a simple majority of the Senate, the motion will be defeated and the trial will commence. But Ms. Murray is not obligated under Senate rules to recognize any of the senators offering points of order, so none of their objections may be heard on the Senate floor.
Should the Senate trial go forward, the House managers will present their evidence, and defenders of Mr. Mayorkas from among the Senate Democratic majority will respond. At some point thereafter, a rollcall vote will be taken, which is expected to fail to reach the required two-thirds for conviction.
At that point, Mr. Mayorkas will be able to continue performing his duties but he will go into the history books as only the second presidential cabinet member to be impeached.
The first was Secretary of War William W. Belknap, who resigned in 1876 after the House passed five counts of impeachment against him. The Senate failed to convict Mr. Belknap, who was appointed by President Ulysses S. Grant.
Article I of the measure accuses Mr. Mayorkas of a “willful and systemic refusal to comply with the law” and claims that “in large part because of his unlawful conduct, millions of aliens have illegally entered the United States on an annual basis with many unlawfully remaining in the United States.”
“His refusal to obey the law is not only an offense against the separation of powers in the Constitution of the United States, it also threatens our national security and has had a dire impact on communities across the country,” it reads.
Article II accuses Mr. Mayorkas of breaching the public’s trust by having “knowingly made false statements, and knowingly obstructed lawful oversight of the Department of Homeland Security, principally to obfuscate the results of his willful and systemic refusal to comply with the law.”
The 20-page impeachment resolution contains two articles with multiple examples of laws Mr. Mayorkas is alleged to have ignored or refused to enforce and illustrations of his blocking congressional oversight, including not producing requested copies of documents.
The House managers, all Republicans, include Mr. Green, House Foreign Affairs Committee chairman Reps. Mike McCaul of Texas, Andy Biggs of Arizona, Clay Higgins of Louisiana, Ben Cline of Virginia, Michael Guest of Mississippi, Andrew Garbarino of New York, August Pfluger of Texas, Harriet Hageman of Wyoming, Marjorie Taylor Greene of Georgia, and Laurel Lee of Florida.
