Senate Democrats quashed House Republicans’ effort to force the upper chamber to put impeached Homeland Security Secretary Alejandro Mayorkas on trial, effectively letting the Biden administration official off the hook.
The impeachment proceedings ended in under four hours, breaking with the historic precedent of holding a trial on the rare occasion a government official has been impeached by the House. Mayorkas had been the first Cabinet official to be impeached since the Civil War.
The Senate convened at 1 p.m., and senators were sworn in as jurors. Majority Leader Chuck Schumer (D-NY) moved to vote that the first article of impeachment against Mayorkas was unconstitutional, effectively dismissing it.
The vote was 51-48-1, with all Democrats voting in favor of quickly killing off the first charge against Mayorkas. All Republicans voted “no,” except Sen. Lisa Murkowski (R-AK), who voted “present.”
Schumer then made a similar effort to dispose of the second and final article of impeachment against Mayorkas, President Joe Biden’s top border official. Mayorkas has presided over the department as more than 9 million immigrants have been encountered attempting to enter the country under Biden.
The second vote passed 51-49, and Schumer requested that the Senate adjourn. The impeachment proceedings were done before 4:30 p.m.
Minority Leader Mitch McConnell (R-KY) took to the floor after Republicans failed to force a trial and lamented that Democrats’ strategy had “set a very unfortunate precedent.”
“It’s not a proud day in the history of the Senate,” McConnell said.
Sen. Jon Tester (D-MT) sided with Democrats in the final moment despite coming into the votes waffling on his stance as he faces a tough reelection in November in a red state.
In a statement issued after the Senate moved to adjourn, Tester said he voted with Democrats because the impeachment trial would not make the border safer. He called for Congress to pass bipartisan border security legislation.
“What’s happening at our southern border is completely unacceptable, and the Biden administration must do more to keep Montana and our country safe,” Tester said. “I agree with my Republican colleagues who have said this exercise is a distraction that fails to make our country safer. It’s time for President Biden and Secretary Mayorkas to use their remaining executive authorities to help secure our border.”
Senators last gathered for an impeachment trial in the case of former President Donald Trump. House Democrats impeached Trump twice, first for his dealings with Ukraine and then in the aftermath of the Jan. 6, 2021, Capitol insurrection. However, the Republican-controlled Senate acquitted Trump in both cases after a full trial.
House lawmakers walked the articles of impeachment to the Senate on Tuesday afternoon, more than two months after the House impeached Mayorkas for refusing to enforce the law and a breach of public trust for his actions throughout the border crisis.
House Homeland Security Committee Chairman Mark Green (R-TN) read the entirety of the articles before the Senate on Tuesday. Green’s committee held a lengthy investigation throughout 2023 that examined if Mayorkas was derelict of duty. More than 9 million illegal immigrants have been encountered at the southern border under Mayorkas, who was tapped by Biden for the job in January 2021.
On Wednesday, the House managers sat stoically in the back of the Senate chamber, unable to speak or engage with senators on the floor. The dismissal of the articles means House managers will not get to make their case to the Senate.
Mayorkas was charged by the House in February with willful and systemic refusal to comply with the law and a breach of the public trust related to his handling of the border crisis.
Rep. Marjorie Taylor Greene (R-GA) led the charge in the House to remove Mayorkas.
“He’s guilty of aiding and abetting the complete invasion of our country by criminals, gang members, terrorists, murderers, rapists, and over 10 million people from over 160 countries into American communities all across the United States,” Greene said in a floor speech on Feb. 6.
The impeachment articles moved through the House Homeland Security Committee. The panel held more than 15 border-related hearings since 2023, when the GOP retook control of the House. Five of the hearings held last year focused specifically on investigating whether Mayorkas was derelict in his duties as leader of the 260,000-person department.
Mayorkas was in New York City Wednesday morning for a press conference on the Department of Homeland Security’s effort to educate children and parents about online predators. He declined to comment on the Senate impeachment proceedings but said he would return to his office in Washington later in the day.
DHS has maintained throughout the monthslong process that the push by Republicans to push out Mayorkas was a political ploy.
CLICK HERE TO READ MORE FROM THE WASHINGTON EXAMINER
“Today’s decision by the Senate to reject House Republicans’ baseless attacks on Secretary Mayorkas proves definitively that there was no evidence or Constitutional grounds to justify impeachment,” Mia Ehrenberg, DHS spokeswoman, said.
“As he has done throughout more than 20 years of dedicated public service, Secretary Mayorkas will continue working every day to enforce our laws and protect our country. It’s time for Congressional Republicans to support the Department’s vital mission instead of wasting time playing political games and standing in the way of commonsense, bipartisan border reforms,” she added.
