Biden’s DHS Secretary Mayorkas Impeachment Heads to Senate

The House ultimately voted to impeach Department of Homeland Security (DHS) Secretary Alejandro Mayorkas for failing to protect the southern border. Congress has not impeached a Cabinet secretary since 1876. Will the U.S. Senate trial result in a conviction and removal?

Fox News reports on the slim vote that passed the House to impeach Secretary Mayorkas:

Tuesday evening’s vote marked House Republicans’ second attempt at impeaching Mayorkas. GOP lawmakers targeted the Biden official over the ongoing migrant crisis at the U.S. southern border, accusing him of deliberately flaunting existing immigration law and worsening the situation.

The 214-213 vote was always expected to be tight; Mayorkas narrowly escaped impeachment last week when every single House Democrat showed up to shield him, including Rep. Al Green, D-Texas, who temporarily left the hospital where he was recovering from surgery to cast his vote.

Three Republicans also voted down the effort: Reps. Mike Gallagher, R-Wis., Ken Buck, R-Colo., and Tom McClintock, R-Calif.

It’s vital that the House got this impeachment vote passed because it got on record that the border crisis is a crisis. Speaker of the House Mike Johnson (LA-4) did his job in getting this vote passed, albeit by a one-vote margin. The next step will be a trial in the Senate in a couple of weeks.

Here is what happens at an impeachment hearing: The impeachment managers – Members of the House – will argue for impeachment in the Senate. They can use experts from inside or outside Congress for aid, but the experts cannot present at the U.S. Senate unless the Senate votes to hear witnesses.

The individual being impeached can bring in government or private attorneys (my dad, ACLJ Chief Counsel Jay Sekulow, and I were private attorneys for President Trump during his impeachment hearings). At the conclusion of the trial, the Senate will vote on whether to convict Secretary Mayorkas.

But the Senate also has the option to file a motion for dismissal – much like a judge could dismiss a case before a trial – before the hearings take place. The Senate doesn’t require a supermajority to dismiss, just a simple 51-49 vote would be enough. It would however require a supermajority to convict Secretary Mayorkas.

My dad believes Senate Majority Leader Chuck Schumer (NY) will move for a motion for dismissal before any evidence is even presented. If a hearing does take place, then it’s still a longshot that a Democrat-led Senate will remove Secretary Mayorkas.

Regardless of what happens to the DHS Secretary, we must not ignore the catastrophe at the border. Our sister organization, ACLJ Action, did a terrific job in its efforts to encourage Congress to impeach Secretary Mayorkas. It gathered over 7,200 signed letters to be sent to Members of Congress all across the country.

When questioned about the border recently, Secretary Mayorkas refused to acknowledge a “crisis” – despite the fact the border experienced record numbers of illegal crossings in 2023.

We’ve been sounding the alarm about the threat of an open border to national security. For example, we filed a FOIA request against the Biden Administration for its cover-up of Yemeni terrorists who were captured at the border. If these two terrorists were caught, how many weren’t? And what are they doing in our country?

ACLJ Senior Counsel for International and Government Affairs Jeff Ballabon joined our show to react to the shocking news that a radical judge (with a history of espousing antisemitic and anti-American views) has been nominated to serve the U.S. Court of Appeals for the Third Circuit (one step below the U.S. Supreme Court).

This is a disastrous appointment. I mean, there’s the normalization and elevation of people who hold tremendously radical views – and not just antisemitic views. These are truly anti-American views. These are supporting groups like Hamas, which are foreign terrorist organizations that are terrorists against America and American interests to kill Americans. . . . Imagine someone like that having life-and-death power making decisions at the federal court level. It’s actually terrifying.

Many have spoken out against this judge based on his past ties to a center that promotes hatred of Israel and America. Many conservative Members of Congress have called for President Biden to rescind the nomination. We will find out soon if the Senate approves the nomination.

Today’s Sekulow broadcast included a full analysis of the next steps in the impeachment of DHS Secretary Mayorkas. Former Acting Director of National Intelligence Ric Grenell voiced his disgust at the recent report on the CIA’s allegedly targeting associates of President Trump prior to 2016. We also gave an important update on our fight to stop President Biden’s silencing of conservatives.

Watch the full broadcast below: