Washington — House Republicans are set to present the articles of impeachment against Department of Homeland Security Secretary Alejandro Mayorkas to the Senate Tuesday, kicking off a confrontation over an impeachment trial that's been brewing for months.
Months after the lower chamber voted to impeach the Cabinet secretary, House impeachment managers will be walking the articles over to the Senate in a ceremonial process that triggers the start of the Senate's role in the matter.
The upper chamber is compelled by Senate rules to convene as a court of impeachment after the articles have been transmitted. Though the House voted to impeach Mayorkas in February in a historic vote that marked the first time a Cabinet secretary has been impeached in nearly 150 years, House leaders opted to wait until after a government funding fight to present the issue to the Senate. And although they intended to begin the process last week, Senate Republicans made a push to delay the proceedings until this week amid concerns over attendance.
Despite the GOP's efforts to delay the transmission of the articles, the length of the trial in the Democratic-controlled Senate, where the move is widely viewed as a political maneuver, remains uncertain.
The House's Impeachment Drive
Several Republicans in Congress are aiming to censure Mayorkas for the Biden administration's management of the U.S.-Mexico border, alleging that the secretary has not upheld the country's laws and prevented tens of thousands of migrants from entering the country.
The Department of Homeland Security (DHS) has condemned the move as "groundless," stating that House Republicans are "continuing to disregard the facts and undermine the Constitution" through the impeachment push.
"Congressional Republicans should cease wasting time on unsubstantiated attacks and, instead, fulfill their duties by enacting bipartisan legislation to adequately finance the Department's crucial national security operations and ultimately address our flawed immigration system," a DHS representative remarked in a statement.
In January, House Republicans introduced two articles of impeachment accusing Mayorkas of "intentional and systemic noncompliance with the law" and a "violation of public trust." Following an initial unsuccessful attempt, in February, the House narrowly voted to impeach Mayorkas based on the articles, with three Republicans and all Democrats in opposition.
The first article outlines how House Republicans say Mayorkas "has repeatedly violated laws enacted by Congress regarding immigration and border security." By releasing many asylum seekers into the U.S. and allowing more than 1 million to enter under an authority known as parole, the resolution accused Mayorkas of overstepping his authority and disregarding federal laws.
The second impeachment article accuses Mayorkas of "knowingly making false statements to Congress and the American people and avoiding lawful oversight in order to obscure the devastating consequences of his willful and systemic refusal to comply with the law and carry out his statutory duties."
Still, constitutional scholars argue that the allegations against Mayorkas do not rise to the level of impeachable offenses. Under the Constitution, the basis for impeachment is "high Crimes and Misdemeanors." And although enough House Republicans supported the impeachment effort in the lower chamber, the effort is all but certain to die in the Senate.
The Senate's role in impeachments
Under the Constitution, the House has the "sole Power" of impeachment, while the Senate has the authority to hold a trial. Impeachment is only the first step toward removing an official from office, followed by a Senate trial, which could result in removal. But how that trial proceeds is largely up to the Senate's Democratic majority.
Once the House transmits the articles of impeachment to the upper chamber, the chamber must schedule a trial to begin the next legislative day, according to Senate rules. After the Senate has convened, the majority makes the calls. With 51 seats controlled by Democrats and Democratic-leaning independents, the majority can speed up, delay or dismiss the impeachment outright.
House impeachment managers are set to present the articles of impeachment to the Senate on Tuesday and senators are expected to be sworn in as jurors the next day. Sen. Patty Murray, a Washington Democrat and the president pro tempore of the Senate, will preside.
Senate Majority Leader Chuck Schumer said after the GOP delay last week that "our plan over here has not changed — the Senate is ready to go whenever the House is."
"We want to address this issue as expeditiously as possible," Schumer said. "Impeachment should never be used to settle policy disagreements, that sets an awful precedent."
Johnson and the 11 impeachment managers penned a letter to Schumer last month saying they would present the articles of impeachment to the upper chamber on April 10 and urging the Senate leader to schedule a trial "expeditiously." Among the impeachment managers are GOP Reps. Mark Green of Tennessee, Michael McCaul of Texas, Andy Biggs of Arizona, Ben Cline of Virginia, Andrew Garbarino of New York, Michael Guest of Mississippi, Harriet Hageman of Wyoming, Clay Higgins of Louisiana, Laurel Lee of Florida, August Pfluger of Texas, and Marjorie Taylor Greene of Georgia.
Senator Johnson Calls for Public Trial to Address Biden's Border Crisis
In a recent statement, Senator Johnson emphasized the importance of upholding the Constitution and addressing the challenges posed by the current border situation under the Biden administration.
"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.
