Will DHS Secretary Mayorkas Be Impeached?

For the second time in a month, a resolution was introduced in the U.S. House of Representatives to impeach Alejandro Mayorkas, the Secretary of the Department of Homeland Security.  Representative Andy Biggs (AZ-5) introduced a resolution of impeachment based on the Secure Fence Act of 2006, where he accuses Mayorkas of being the “chief architect of the migration and drug invasion at our southern border,” adding that the secretary has willfully and intentionally violated his oath of office.  The Secure Fence Act requires DHS to maintain operational control of the border.

The Biggs resolution also invokes the Immigration and Nationality Act (INA).  This law forbids releasing migrants into the United States until they have been processed and any claims for asylum adjudicated.  Obviously, that is not happening.  Hundreds of thousands of migrants have been released into the country, often with a Notice to Appear for a proceeding at a later date or at their convenience.

Last month, Representative Pat Fallon (TX-4) introduced a resolution based on Mayorkas falsely accusing Border Patrol agents of whipping migrants with the reins of their horses.  At that time, President Biden also piled on, vowing that he would make those agents pay for their actions.  An investigation revealed that none of the agents struck or whipped the migrants who were attempting to enter the U.S. illegally.  Neither Biden nor Mayorkas has apologized.

Some in the House say an impeachment vote should follow a thorough investigation and that the House should not rush this action.  For example, Representative Michael McCaul (TX-10) argues the second impeachment of former President Trump was rushed and essentially cheapened the process.  McCaul thinks the House majority should not do this.  He believes the committee of jurisdiction should do an inquiry first.

That process means that any number of committees could have jurisdiction to investigate Mayorkas: House Oversight, Judiciary, or Homeland Security.  However, only the Judiciary Committee can bring an impeachment resolution to the floor for a vote.  Even if the secretary was impeached in the House, it is extremely unlikely that he would be convicted by the Senate and removed from office.

Only one cabinet official has ever been impeached.  During the administration of President Grant in 1876, his Secretary of War, William Belknap, was impeached for taking kickbacks from a contractor.  Belknap resigned when it became apparent the Senate would convict him and remove him from office.

In what can only be described as a significant break from reality, Secretary Mayorkas continues to repeatedly say the border is secure.  He appears to not understand what all the fuss is about.  The Biden White House expresses pride in their border policies and categorically states the policies are working.

Meanwhile, almost 5 million people have been apprehended while illegally crossing the southern border during the Biden presidency.  Over 1.2 million people crossed and got away from authorities during that time period. There were over 300,000 “got-aways” who were not apprehended from October to December of last year alone.  The Mexican cartels have operational control of the border, deciding who and when individuals cross and making a fortune from the migrants in the process.  Thousands of people are victims of human and sex trafficking due to the open border.  And last year, the largest quantity of fentanyl ever seized took place on the southern border. Three weeks ago, another person on the Terrorist Watchlist was apprehended by Texas authorities after successfully and illegally entering the country. Hundreds of Americans continue to die from fentanyl poisoning.

The situation on our border is chaotic and arguably criminal.  Yet the Biden Administration is disinclined to do anything about it.