House to Deliver Mayorkas Impeachment Articles to Senate Next Week

House impeachment managers are set to present the articles of impeachment against Department of Homeland Security Secretary Alejandro Mayorkas to the Senate upon Congress' return from recess next month.

House to Deliver Mayorkas Impeachment Articles to Senate Next Week
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28 Mar 2024, 08:18 PM
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Washington — House Republicans are set to present the articles of impeachment against Department of Homeland Security Secretary Alejandro Mayorkas to the Senate after Congress returns from recess next month, kickstarting a clash over an impeachment trial in the upper chamber that Democrats are expected to work to quickly quash. 

Speaker Mike Johnson and the House impeachment managers wrote in a letter to Senate Majority Leader Chuck Schumer on Thursday that they intend to present the Senate with the impeachment articles on Wednesday, April 10, after both chambers return from a two-week break.

"If he cares about the Constitution and ending the devastation caused by Biden's border catastrophe, Senator Schumer will quickly schedule a full public trial and hear the arguments put forth by our impeachment managers," Johnson said in a statement. 

Impeachment of Mayorkas

The House voted to impeach Mayorkas last month, the first time a Cabinet secretary has been impeached in nearly 150 years. Now, the upper chamber is compelled by Senate rules to convene as a court of impeachment shortly after the articles are transmitted from the House. But how long the trial lasts in the Democratic-controlled Senate, where the effort is widely seen as a political stunt, is another question.

Johnson announced that 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.

Why was Mayorkas impeached?

Congressional Republicans have aimed to punish Mayorkas over the Biden administration's handling of the U.S.-Mexico border. They allege that the secretary has failed to enforce the nation's laws and detain thousands of migrants, despite pushback from the Department of Homeland Security, Democrats and a small number of Republicans.

The two articles of impeachment accuse Mayorkas of "willful and systemic refusal to comply with the law" and a "breach of public trust." Last month, the House voted narrowly to impeach Mayorkas under the articles, in a vote that came after an initial attempt failed.

What is the Senate's role in the impeachment process?

Impeachment is only the first step toward removing an official from office. While the House has the "sole Power" of impeachment under the Constitution, the Senate has the authority to hold a trial, which could result in removal from office. But what that trial looks like is largely up to the Senate itself.

According to Senate rules, once the House sends over the articles of impeachment, the Senate is required to schedule a trial to start the following legislative day. However, once the Senate is in session, decisions are made by a majority vote. With Democrats and Democratic-leaning independents holding 51 seats, they have the power to determine the course of action that could either expedite, postpone, or dismiss the impeachment proceedings, as long as they remain unified.