House Republicans Impeach Mayorkas Over Border Crisis
After failing in an earlier vote, House Republicans successfully impeached the DHS secretary—the first cabinet official to be impeached in nearly 150 years.
By: Mark Tapscott
February 13, 2024 (Updated): Secretary of Homeland Security Alejandro Mayorkas on Feb. 13 became only the second presidential cabinet member ever to be impeached in the 236-year history of the United States government.
Mr. Mayorkas, who was appointed by President Joe Biden and confirmed by the Democratic Senate in 2021, was impeached on two counts relating to his handling of the border crisis by a vote of 214–213, with all but three Republicans voting in favor and all Democrats opposing the action.
Former Secretary of War George Belknap resigned in 1876 after the House passed five counts of impeachment against him. The Senate failed to convict Belknap, who was appointed by President Ulysses S. Grant.
The House action came almost exactly a week after the lower chamber of Congress failed to impeach the embattled Homeland Security secretary on a 215–215 vote. That tally was updated to 216 against and 214 when Rep. Blake Moore (R-Utah) changed his vote to a “no” in a parliamentary move to enable the House to reconsider the impeachment resolution.
House Majority Leader Steve Scalise (R-La.), who was absent from the vote last week due to being treated for blood cancer, cast the deciding vote on Feb. 13.
Three Republicans who opposed the impeachment resolution last week voted the same the second time around. The trio includes Rep. Ken Buck of Colorado, Rep. Mike Gallagher of Wisconsin and Rep. Tom McLintock of California.
The Department of Homeland Security (DHS) slammed the result.
“House Republicans will be remembered by history for trampling on the Constitution for political gain rather than working to solve the serious challenges at our border,” Mia Ehrenberg, a DHS spokesman, said in a statement after the vote.
“Without a shred of evidence or legitimate Constitutional grounds, and despite bipartisan opposition, House Republicans have falsely smeared a dedicated public servant who has spent more than 20 years enforcing our laws and serving our country. Secretary Mayorkas and the Department of Homeland Security will continue working every day to keep Americans safe,” Ms. Ehrenberg continued.
President Joe Biden also decried the impeachment, calling it a “blatant act of unconstitutional partisanship” on the part of House Republicans, whom he accused of “playing politics with the border.”
He defended Mr. Mayorkas and his administration’s handling of the border crisis, and chastised House Republicans for recently rejecting a Senate foreign aid package that include border security measures.
“Congress needs to act to give me, Secretary Mayorkas, and my administration the tools and resources needed to address the situation at the border,” the president said in a statement.
Impeachment Articles
The 20-page Impeachment Resolution contained 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.
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 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.”
With House passage of the impeachment resolution, the issue now goes to the Senate, which will convene as a trial to hear presentations by 11 House managers appointed by the House Speaker and defenses by attorneys representing Mr. Mayorkas. Given a two-thirds majority is needed to convict, the secretary will almost assuredly be acquitted by the Democratic-controlled Senate.
The House managers, all Republicans, will include Rep. Mark Green of Tennessee, who is chairman of the House Committee on Homeland Security, Rep. Mike McCaul of Texas, chairman of the House Foreign Affairs Committee, Rep. Andy Biggs of Arizona, Rep. Clay Higgins of Louisiana, Rep. Ben Cline of Virginia, Rep. Michael Guest of Mississippi, Rep. Andrew Garbarino of New York, Rep. August Pfluger of Texas, Rep. Harriet Hageman of Wyoming, Rep. Marjorie Taylor Greene of Georgia, and Rep. Laurel Lee of Florida.
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