House Republicans on Tuesday approved an impeachment vote against Homeland Security Secretary Alejandro Mayorkas as part of an attempt to use the crisis at the border as an issue in 2024 campaigning. If successful, it would mark the first Cabinet secretary impeached since President Ulysses S. Grant’s Secretary of War William Belknap was ousted back in 1876.
What Is Impeachment?
Impeachment is the process through which the House of Representatives can charge an officer of the US government with criminal misconduct. After an investigation by its Judiciary Committee, when appropriate the House can pass individual indictments known as Articles of Impeachment to put him/her on trial before the Senate; if majority vote convicts then officer will be removed from office.
Republicans believe Department of Homeland Security Secretary Alejandro Mayorkas has violated the Constitution by disobeying immigration laws passed by Congress and creating an immigration crisis at the border by releasing migrants without effective mechanisms for them to appear in court or leave the country. Critics, however, argue that these circumstances do not rise to the level of “high crimes and misdemeanors” necessary for impeachment, which has only ever been used once against William Belknap during President Ulysses Grant’s war secretary William Belknap in 1876 during President Ulysses Grant’s presidency against William Belknap in 1876 – by this group of Republicans on Tuesday night alone! Reps Ken Buck Mike Gallagher and Tom McClintock all voted against articles of impeachment as well.
Why Are We Impeaching Mayorkas?
House Republicans initiated impeachment proceedings against Mayorkas following a growing border crisis that gripped the nation. Their aim was to punish her for what they consider her mismanagement of an incident which has seen an extraordinary spike in migrant crossings and has produced deadlock on Capitol Hill over any bipartisan border deal or global security package agreement.
But the effort to impeach Mayorkas failed by a vote of 214-213 last week, when three Republicans joined all Democrats to vote against it on constitutional grounds, contending that her conduct did not meet the high bar set out in the Constitution for “high crimes and misdemeanors”.
Reps. Mike Gallagher of Wisconsin, Ken Buck of Colorado and Tom McClintock of California were three Republicans who voiced opposition to Mayorkas’ impeachment proceedings; Gallagher and McClintock announced they won’t seek reelection this year and made this statement separately from any announcement to leave Congress; Buck and McClintock stressed impeaching Mayorkas would not help resolve border tensions.
What Happens if We Impeach Mayorkas?
House of Representatives members on Tuesday night delivered an unprecedented blow against Homeland Security Secretary Alejandro Mayorkas, impeaching him for failing to adequately secure borders and misusing DHS resources – becoming the first Cabinet secretary impeached since nearly 150 years.
Republican-led panel voted 214-213, with three Republicans voting against. This vote came amid ongoing immigration debate and just hours before special election in a New York district where Democratic candidate Tom Suozzi is challenging incumbent Republican George Santos for election.
Impeachment proceedings against Mayorkas are part of an attempt to exert pressure on President Joe Biden for his handling of immigration policy, although critics contend the charges don’t meet constitutional threshold. As this issue now heads for Senate review, an impeachable offense conviction would likely mean losing his job as DHS director.
How Will the Impeachment Process Work?
House members debated articles of impeachment all day Tuesday and into the night, eventually passing it along party lines with just three Republicans (Mike Gallagher, Ken Buck and Tom McClintock) opposing it.
Last month, momentum for impeachment took an uptick when key swing-district Republicans showed an interest in pursing one of the strictest forms of constitutional punishment against Cabinet Secretary Kelly over her role in increasing migrant crossings. The timing coincided with bipartisan Senate negotiations regarding a border bill being put on pause as well.
House Judiciary Committee members will now draft articles of impeachment and forward them for voting by the full House. If that vote goes ahead, Mayorkas would face trial before senators acting as jurors and presided by Chief Justice of Supreme Court; two-thirds majority is needed to convict and remove him from office; otherwise, his impeachment case would be dismissed by House.
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