House Rejects Impeachment Resolution Against Homeland Security Secretary Mayorkas

In a dramatic showdown on Capitol Hill, the Republican-controlled House narrowly rejected a resolution to impeach Homeland Security Secretary Alejandro Mayorkas. The vote, which nearly ended in a tie, dealt a significant blow to Republican leadership, sparking chaos and heated debate on the House floor Tuesday evening.

The resolution, introduced by House Homeland Security Chair Mark Green (R-Tenn.), accused Mayorkas of systemic refusal to comply with the law and breach of public trust. Among the allegations were claims of a “catch and release scheme” for failing to detain undocumented immigrants and providing false statements regarding border security.

The vote tally stood at 214-216, with four Republicans breaking ranks to vote against the resolution: Reps. Ken Buck (Colo.), Tom McClintock (Calif.), Mike Gallagher (Wisc.), and Blake Moore (Utah). All 212 Democrats opposed the measure.

The House erupted into chaos as the vote count unfolded, with the outcome teetering on the brink of a tie. Ultimately, Moore changed his vote to a “nay,” allowing the House to potentially revisit the legislation in the future.

Mayorkas, who has faced staunch criticism from Republicans over immigration policies and border security, defended his record, acknowledging systemic issues within the U.S. immigration system. He urged Congress to pass legislation addressing border security deficiencies.

Republicans, led by Green, argued that Mayorkas’s actions warranted impeachment, citing alleged breaches of public trust and failure to enforce immigration laws effectively.

However, dissenting voices within the Republican Party, including Buck and McClintock, criticized the resolution, with Buck declaring that “incompetence is not constitutional grounds for impeachment.” McClintock questioned the validity of impeaching Mayorkas for executing the president’s directives.

Had the House voted to impeach Mayorkas, the effort would have faced a steep uphill battle in the Democratic-controlled Senate, which is responsible for conducting impeachment trials.

The renewed push to impeach Mayorkas comes amid ongoing debates over immigration policy, with Republicans blaming President Joe Biden’s administration for a surge in migrant arrests at the U.S.-Mexico border. Biden, however, has attributed the increase to various factors, including political instability and economic hardship in Central America.

The resolution centered on legal interpretations of immigration statutes, including provisions mandating the detention of migrants and defining “operational control” of the border. Legal experts have argued that these provisions pose significant challenges to enforcement, given the practical limitations of detention capacity and past administrations’ practices.

Moreover, a group of 25 constitutional law experts cautioned against the impeachment efforts, asserting that the charges against Mayorkas did not meet the constitutional threshold for impeachment. They argued that the framers of the Constitution intentionally excluded “maladministration” as grounds for impeachment.

The historical context of cabinet secretary impeachment was also invoked during the debate, with reference to the 1876 impeachment trial of William Belknap, secretary of war under President Ulysses S. Grant. Belknap was accused of accepting bribes but was ultimately acquitted.

In the aftermath of the House’s decision, attention has turned to ongoing legislative efforts to address border security concerns. A bipartisan Senate bill aimed at tightening border controls has been introduced, proposing measures such as restricting asylum applications for those crossing the border illegally.

However, the bill faces resistance from Republicans, including former President Donald Trump, who have criticized it as favorable to Democrats in an election year. Trump has emphasized the importance of addressing record-high levels of migrant encounters, framing it as a top priority for voters.

As the political landscape continues to evolve, the fate of Mayorkas and the broader debate over immigration policy remain at the forefront of national discourse, with both parties grappling for solutions amid complex legal and political realities.