Mayorkas Impeachment Trial Ends as Democrats Dismiss Charges

WASHINGTON—The Democratic-controlled Senate wrapped up the impeachment trial of Homeland Security Secretary Alejandro Mayorkas in a matter of hours Wednesday, quickly rejecting the charges brought by the Republican-led House related to his handling of border policy.

Senate Majority Leader Chuck Schumer (D., N.Y.), who choreographed the quick end to the trial over Republican objections, said the charges against Mayorkas failed to meet the high standards for removal.

Democrats, who have a narrow 51-49 majority in the chamber and stayed united through the proceedings, felt as though they “had to set a precedent that impeachment should never be used to settle policy disagreements,” Schumer said in a news conference after the trial ended. “We’re supposed to have debates on the issues, not impeachments on the issues,” he said.

Senators were sworn in as jurors on Wednesday afternoon and signed an oath book as the proceedings got under way. Schumer called a vote on declaring that the first of two articles of impeachment—which alleged that Mayorkas has willfully refused to comply with federal immigration laws—was unconstitutional because it didn’t rise to the level of an impeachable crime. That vote was successful, passing 51-48 with Republican Sen. Lisa Murkowski of Alaska voting present, effectively dismissing the article.

The second article alleged a breach of public trust, saying Mayorkas made false statements about the state of the border. That article was dismissed in a 51-49 vote on the same grounds as the first. The Senate then voted 51-49 to end the trial, wrapping up the proceedings without any direct vote on acquitting or convicting Mayorkas.

Senate Republicans fumed after the trial ended, arguing that the Senate had a duty to review evidence and come to a conclusion on whether or not Mayorkas should be removed.

“We set an unfortunate precedent here. It means that the Senate can ignore, in effect, the House’s impeachment,” said Senate Minority Leader Mitch McConnell (R., Ky.). “No evidence, no procedure, this is not a proud day in the history of the Senate,” he said.

Mayorkas has called the allegations false and defended his record, and critics of the effort say the accusations against Mayorkas amount to policy disagreements or performance failings, but not impeachable crimes for which he should be removed from office. The Senate action “proves definitively that there was no evidence or constitutional grounds to justify impeachment” of Mayorkas, a DHS spokeswoman said.

House Republicans voted earlier this year to impeach Mayorkas, the first impeachment of a sitting cabinet member in the country’s history, amid a record number of illegal crossings at the southern border. Republicans have used the case to highlight President Biden’s record headed into an election in which border security is expected to be a top issue for voters.

The impeachment passed the House in a narrow 214-213 vote in February, after an earlier effort failed due to Republicans absences. The House didn’t send the matter to the Senate until Tuesday, when lawmakers who managed the proceedings walked the articles through the Capitol and read them aloud on the Senate floor.

Senate Republicans didn’t have the votes needed to convict Mayorkas, which required the support of two-thirds of senators present. But they have criticized Schumer for not committing to holding a full trial, including presenting evidence. More than 40 Senate Republicans signed a letter last week in which they said dismissing the impeachment would be unprecedented.

Democrats have said that it is the Republicans who are taking an unprecedented action by bringing a flimsy case.

“This stunt is nothing more than bad performance art and a waste of time,” said Sen. John Fetterman (D., Pa.). “It’s charades like this that make people hate Washington.”

Senators conducted two impeachment trials of former President Donald Trump, after impeachments by the then-Democratic-controlled House. Supreme Court Chief Justice John Roberts presided over the first Trump proceedings when he was still president. A trial against a federal official proceeds under different rules, with Senate President Pro Tempore Patty Murray (D., Wash.) presiding over Wednesday’s proceedings.

Among other complaints, Republicans say Mayorkas inappropriately expanded a legal process called humanitarian parole to allow hundreds of thousands of migrants into the country, so they wouldn’t attempt an illegal border crossing. Republicans also accused Mayorkas of refusing to cooperate with the investigation by testifying before Congress, though outside the investigation he has testified more than any other cabinet secretary in the Biden administration.

Since taking control of the House in January 2023, Republican lawmakers have pursued a series of disciplinary measures, often politically laden charges against Democrats. Republicans have tried to build an impeachment case against President Biden, an effort that has struggled to make headway.

Republicans have had more success targeting Democratic lawmakers with censures, the toughest sanction short of expulsion.

In December, House lawmakers voted to censure Democratic Rep. Jamaal Bowman of New York for pulling a fire alarm in a U.S. Capitol office building, punishing him for a bizarre September incident related to a crucial government funding vote.

Before that, House lawmakers censured Rep. Rashida Tlaib (D., Mich.) over comments her colleagues said were threatening to Jewish people. Rep. Adam Schiff (D., Calif.) was censured for past comments and allegations he made about Trump’s ties to Russia. In all, only 10 lawmakers have been censured since 1900, making the pace of recent years unusual.

In a bipartisan vote, House lawmakers expelled Rep. George Santos (R., N.Y.) in December over allegations he stole money from his own campaign and committed other misdeeds.

Mayorkas was the first sitting cabinet official to be impeached. Secretary of War William Belknap resigned just ahead of his impeachment vote in 1876, and he was acquitted in the Senate in the midst of questions about whether Congress had jurisdiction to impeach a private citizen.

Write to Katy Stech Ferek at [email protected] and Michelle Hackman at [email protected]