House Republicans are planning to present articles of impeachment against Department of Homeland Security Secretary Alejandro Mayorkas to the Senate after Congress returns from recess next month. Speaker Mike Johnson and the House impeachment managers intend to present the Senate with the impeachment articles on Wednesday, April 10, following a two-week break. The House voted to impeach Mayorkas last month, marking the first time a Cabinet secretary has been impeached in nearly 150 years. The Senate, controlled by Democrats, is compelled by Senate rules to convene as a court of impeachment shortly after the articles are transmitted from the House.
The impeachment managers include Reps. Mark Green of Tennessee, Michael McCaul of Texas, Andy Biggs of Arizona, and Marjorie Taylor Greene of Georgia, among others. Mayorkas was impeached over the Biden administration’s handling of the U.S.-Mexico border, with Republicans accusing him of failing to enforce the nation’s laws and detain migrants. The two articles of impeachment accuse Mayorkas of a “willful and systemic refusal to comply with the law” and a “breach of public trust.” The Department of Homeland Security has denounced the effort as a “baseless, unconstitutional” impeachment, claiming there is no evidence of impeachable offenses.
Senate rules suggest that once the House transmits the articles of impeachment to the upper chamber, the Senate must schedule a trial to begin the next legislative day. However, the trial’s proceedings are largely decided by the Senate itself, which is controlled by Democrats and Democratic-leaning independents. Once the Senate has convened, a majority vote will determine the trial’s outcome, potentially leading to removal from office. After the House impeachment managers present the impeachment articles, senators will be sworn in as jurors the next day, with Sen. Patty Murray presiding over the trial.
The House’s impeachment of Mayorkas signifies a rare and historic event, as it is the first time a Cabinet secretary has been impeached in nearly 150 years. The impeachment trial in the Senate, where Democrats control the majority, is expected to be a contentious and politically charged process. Mayorkas was impeached over his role in the Biden administration’s handling of the U.S.-Mexico border, with Republicans alleging that he failed to enforce the nation’s laws and detain migrants. The Department of Homeland Security has dismissed the impeachment effort as baseless and unconstitutional.
The Senate’s role in the impeachment process is crucial, as it has the power to hold a trial and potentially remove an official from office. Once the House impeaches an official, the Senate must schedule a trial, but the proceedings and outcome of the trial are largely determined by the Senate itself. Democrats control the Senate, meaning they have the power to dictate the trial’s path, which could include speeding up, delaying, or dismissing the impeachment altogether. The upcoming Senate trial for Mayorkas will be closely watched as a test of the impeachment process in a politically divided Congress.
