Senate Likely to Acquit Mayorkas Despite Impeachment

Department of Homeland Security Secretary Alejandro Mayorkas faces an uphill battle after his historic impeachment by the GOP-controlled House. Legal experts suggest that the Senate, controlled by Democrats, will likely acquit or dismiss the charges, raising questions about the impeachment’s impact and the Senate’s role in such cases.

The Constitution mandates that the Senate conduct a trial to determine whether Mayorkas should be convicted and removed from office. However, the interpretation of this requirement leaves room for the Senate to potentially stifle the impeachment effort. Casey Burgat, director of the Legislative Affairs program at George Washington University, noted that while the Constitution states the Senate “shall” have the power to hold a trial, enforcement is not clearly defined. Senators have various options to adjust the rules to their advantage.

Senate rules dictate that a two-thirds majority vote is needed to convict and remove Mayorkas from office. If convicted, the Senate could also vote to disqualify him from holding future office.

Senate Majority Leader Chuck Schumer criticized the impeachment as a “sham” and “embarrassment” for House Republicans. He announced that the Senate will convene impeachment proceedings when senators return to Washington on Feb. 26. However, Schumer has not disclosed how the Democratic Caucus intends to vote on the articles of impeachment.

Senator James Lankford expressed confidence that the effort to impeach Mayorkas would fail in the Senate, describing it as “dead on arrival.” Lankford’s remarks highlight the political challenges facing the impeachment process.

The House voted to impeach Mayorkas following a failed attempt earlier this month, making him the first sitting cabinet secretary in history to be impeached. The resolution, approved in a 214-213 vote, accuses Mayorkas of systemic refusal to comply with the law, specifically citing a “catch and release scheme” for failing to detain undocumented immigrants awaiting removal proceedings. The second article of impeachment accuses him of breaching public trust by failing to maintain “operational control” of the border and allegedly lying to Congress about border security.

Despite three Republicans voting with Democrats in both rounds of voting, absences on the Democratic side, combined with the return of Rep. Steve Scalise (R-La.), led to the resolution’s approval. The impeachment comes amid heightened focus on the border amid a surge in immigration and congressional debates over new border controls linked to additional aid for Ukraine and Israel.

The outcome of Mayorkas’ impeachment trial remains uncertain, with Senate proceedings set to begin later this month. The case highlights the complexities of impeachment in a politically charged environment and raises questions about the Senate’s role in such cases