House lawmakers walked articles of impeachment against Homeland Security Secretary Alejandro Mayorkas to the Senate on Tuesday afternoon as Republican House managers prepare their case before the Democratic-controlled upper chamber.
The delivery of the two articles comes slightly more than two months since the House impeached Mayorkas for refusing to enforce the law and a breach of public trust for his actions throughout the border crisis.
The group of House managers stepped into the Senate chamber shortly after 2:30 p.m.
House Homeland Security Committee Chairman Mark Green (R-TN) read the entirety of the articles before the Senate. Green’s committee held a lengthy investigation throughout 2023 that examined if Mayorkas was derelict of duty throughout the border crisis. More than 9 million illegal immigrants have been encountered at the southern border under Mayorkas, who was tapped by President Joe Biden for the job in January 2021.
The House’s action puts the ball in the Senate’s court, where the minority GOP has pushed to hold a trial against Mayorkas.
However, Senate Majority Leader Chuck Schumer (D-NY) is expected to move to dismiss an impeachment trial. Republicans want a full trial, though they do not appear to have the votes to force one.
On Feb. 13, Mayorkas became the first Cabinet official to be impeached by the House in 150 years.
House Republicans planned to deliver the articles to the Senate several weeks after the impeachment but delayed several times as Speaker Mike Johnson (R-LA) opted to focus on appropriations bills.
The House then announced it would deliver the articles last Wednesday.
But on the eve of the anticipated delivery, House leadership said the plans had changed after Senate Republicans asked for the delay to amp up the pressure campaign on Democrats.
Senate procedures dictate that senators meet the day after articles have been delivered — Wednesday. Senators would then be sworn in as jurors, and an impeachment trial would follow, with representatives serving as the prosecution.
The Democratic-controlled Senate has floated dismissing the articles outright. The Senate could also move to launch a trial committee and refer the articles to that panel.
To move on tabling the trial, Democrats would only need a simple 51-vote majority.
Democrats hold 48 of the 100 Senate seats, and Republicans hold 49 seats. The remaining three members are independents who caucus with the Democrats, which comes out to a 51-49 majority.
Mayorkas is very unlikely to be convicted in the Senate, which would require a two-thirds majority vote and, therefore, significant Democratic support.
The White House has backed Mayorkas during the impeachment proceedings, and the Biden Cabinet secretary has shown no indication that he is willing to step down.
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“Despite warnings from fellow Republicans that this baseless impeachment effort ‘distorts the Constitution,’ House Republicans continue to ignore the facts and undermine the Constitution by wasting even more time on this sham impeachment in the Senate,” DHS spokeswoman Mia Ehrenberg said.
More than 9 million non-U.S. citizens have been encountered attempting to enter the United States in the three years since Biden took office, the highest figure in any three-year period.
