Topline

Senate Democrats on Wednesday voted to dismiss both articles of impeachment against Homeland Security Secretary Alejandro Mayorkas, tossing out the first impeachment of a Cabinet member in almost 150 years without a trial—after the House GOP voted to impeach him in a dispute over immigration policy.

Key Facts

Senators voted to kill the first article of impeachment—which had been delivered by the House earlier this week—on grounds that it is “unconstitutional” in a 51-48 mostly party-line vote, with Sen. Lisa Murkowski, R-Alaska, voting present.

The second article of impeachment was killed in a 51-49 party-line vote.

The first article of impeachment dealt with Mayorkas allegedly refusing to comply with the law while the second dealt with breaching public trust, both of which criticize his handling of a surge in migrants at the U.S.-Mexico border.

House Speaker Mike Johnson, R-La.—who voted in favor of Mayorkas’ impeachment in February—lamented the Senate votes, claiming “every single Senate Democrat has issued their full endorsement of the Biden Administration’s dangerous open border policies” in a post on X, slamming Mayorkas for what he labeled the “greatest humanitarian and national security catastrophe at our borders in American history.”

Crucial Quote

“The charges brought against Secretary Mayorkas failed to meet the high standard of high crimes and misdemeanors,” Senate Majority Leader Chuck Schumer, D-N.Y., said. “To validate this gross abuse by the House would be a grave mistake and could set a dangerous precedent for the future.”

Tangent

Mayorkas was subpoenaed by the House Judiciary Committee on Wednesday, Axios reported. The committee is reportedly seeking information on the percentage of migrants who have been released into the U.S.

Key Background

The GOP-controlled House impeached Mayorkas in a 214-213 vote in February, a week after an initial attempt failed, making Mayorkas the second cabinet secretary in U.S. history, and first since 1876, to be impeached. The impeachment escalates a years-long fight between Republicans and the Biden administration on border policy, as the GOP blames Mayorkas and President Joe Biden’s decision to loosen some stringent Trump-era immigration rules for a surge in arrests at the U.S.-Mexico border. The administration has defended its handling of the border and argued the surge in migration is mostly due to crime and poverty in Latin America, and Biden’s allies have criticized Mayorkas’ impeachment—which faults him for not detaining all arrested migrants—as politically motivated.

Further Reading

Senate Receives GOP’s Articles Of Impeachment Against Mayorkas—And Will Likely Dismiss Charges (Forbes)

House Impeaches DHS Secretary Alejandro Mayorkas—Second Cabinet Impeachment In History (Forbes)

Mayorkas Impeachment Effort Fails (Forbes)

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