The House Impeached Mayorkas—What’s Next?

On Feb. 13, House Republicans succeeded in their second attempt to impeach Department of Homeland Security (DHS) Secretary Alejandro Mayorkas.

The House adopted articles of impeachment against the embattled DHS chief in response to allegations that his policies are directly responsible for the crisis at the southern border.

The vote was purely party-line, passing by a thin margin of 214–213. Three Republicans, Reps. Mike Gallagher (R-Wis.), Tom McClintock (R-Calif.), and Ken Buck (R-Colo.), voted against the measure.

After the vote, Rep. Troy Nehls (R-Texas) told The Epoch Times that the impeachment was “a beautiful thing and long overdue.”

Rep. Marjorie Taylor Greene (R-Ga.), one of the most outspoken proponents of impeachment, was also thrilled with the outcome.

“Well, it’s definitely a historic day, impeaching Secretary Alejandro Mayorkas,” Ms. Greene told reporters on the Capitol steps following the vote.

Related Stories

“I’m very thankful to our Republican conference for finally working together and standing with the American people to send the message to the Biden administration that it’s our border that matters, not other country’s borders; our border matters.”

The House’s vote to impeach the DHS chief means that the issue will now head to the Senate for further litigation.

But with the Senate held by Democrats, who unanimously opposed the measure in the House, it seems overwhelmingly likely that Mr. Mayorkas will be acquitted of the charges in the upper chamber—if they’re considered there at all.

Here’s what could happen with Mr. Mayorkas’s articles of impeachment in the coming weeks.

Senate Trial

The most recognizable reaction to articles of impeachment would be a trial in the U.S. Senate.

Impeachment is deeply integrated into the U.S. Constitution as a key prerogative of Congress.

Under the Constitutional regime, those impeached by the House face trial in the Senate, where a supermajority of members have to agree that a removable offense has been committed to boot an executive or judicial officer out of their post.

If the Senate were to go this route, the allegations against Mr. Mayorkas would be read, considered, and debated by members of the upper chamber.

If, after this process, two-thirds agreed Mr. Mayorkas had committed a removable offense, he would be removed from office.

The last time a member of the presidential cabinet was impeached came in the 1870s. However, those articles of impeachment never came to the Senate for a trial after their target resigned.

Likewise, former President Richard Nixon also chose to resign rather than become the first president removed from office by the Senate.

Former Presidents Bill Clinton and Donald Trump did face trial in the Senate but were ultimately acquitted.

In this case, the House majority would send members over to make the House’s best argument for impeachment. Ms. Greene would be among the House’s impeachment managers for Mr. Mayorkas’ Senate trial.

If the charges against Mr. Mayorkas do come to the Senate floor for a formal trial, he will almost certainly be acquitted due to universal Democratic opposition to his removal from office.

Even Sen. Joe Manchin (D-W. Va.), the most conservative member of Democrats’ Senate caucus, has expressed opposition.

Some Republicans too, including Sens. Mitt Romney (R-Utah) and James Lankford (R-Okla.), have expressed opposition, calling the impeachment articles “dead on arrival” in the upper chamber.

Sidestepping the Issue

Facing bleak prospects in the Senate, and with many senators far from enthusiastic about touching the thorny issue, the Senate could sidestep the issue altogether.

There are a few procedural ways that they could do this.

Such a motion would only need a simple majority of senators to pass—a simple majority it would be all but certain to receive.

On the other hand, Democrats could be less than enthusiastic to take this approach, as it could indicate indifference to the border issue, which has become a top priority for voters in recent months.

Alternatively, Democrats could raise a point of order against the charges.

That was the avenue taken by Sen. Rand Paul (R-Ky.) during President Trump’s second impeachment trial.

On that occasion, Mr. Paul raised the point that President Trump, no longer being in office at the time, could not be removed from office, making the proceedings moot.

The Senate ultimately rejected Mr. Paul’s bid last time, however.

Finally, Democrats could seek to move the motion to a committee for consideration—preserving the appearance of taking the matter seriously while avoiding the showmanship of a high-profile trial on the Senate floor.

In any case, it’s likely Democrats will seek to table the matter quietly. Should a trial happen, it’s all but certain to end in Mr. Mayorkas’ acquittal.