GOP lawmakers impeached Mayorkas in a 214-213 vote on Feb. 13. House Majority Leader Steve Scalise (R-LA) was present during the session, with his vote finalizing the lower chamber's impeachment proceedings against the secretary. He had returned to Capitol Hill after undergoing treatment for blood cancer.
A week before, on Feb. 6, the House GOP's initial attempt to impeach Mayorkas ended in failure after three Republicans voted "no" alongside their Democratic colleagues. The three – Colorado Rep. Ken Buck, California Rep. Tom McClintock and Wisconsin Rep. Mike Gallagher – voted "no" again in this second attempt. Utah Rep. Blake Moore later flipped his "yes" vote to a "no" during the Feb. 6 session in order to preserve the ability to bring motions to reconsider. (Related: House FAILS TO IMPEACH Mayorkas after 4 Republicans defected.)
"From his first day in office, Mayorkas has willfully and consistently refused to comply with federal immigration laws, fueling the worst border catastrophe in American history. He has undermined public trust through multiple false statements to Congress, obstructed lawful oversight of the Department of Homeland Security (DHS) and violated his oath of office," House Speaker Mike Johnson (R-LA) said in a statement.
"Since the secretary refuses to do the job that the Senate confirmed him to do, the House [of Representatives] must act."
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The Senate would be required to hold an impeachment trial once the House impeachment managers transmit the articles to the upper chamber. But given its Democratic majority, the Senate could either dismiss the articles, or the trial could be sent to a special committee that would hear the evidence from the impeachment managers and report it to the full Senate.
Two-thirds of the full Senate – 67 senators – is needed to convict and remove Mayorkas, but this majority will move to exonerate him. The Senate is currently out of session, and the earliest it would take up the matter would be after lawmakers return to Washington, D.C. on Feb. 26.
Immediately after the impeachment vote, President Joe Biden rebuked House Republicans for their actions in a statement. "History will not look kindly on House Republicans for their blatant act of unconstitutional partisanship that has targeted an honorable public servant in order to play petty political games," part of his statement said.
DHS spokeswoman Mia Ehrenberg also rebuked the House GOP for wasting months on a "baseless, unconstitutional impeachment" in a statement. She continued: "House Republicans will be remembered by history for trampling on the Constitution for political gain rather than working to solve the serious challenges at our border."
"Without a shred of evidence or legitimate Constitutional grounds, and despite bipartisan opposition, House Republicans have falsely smeared a dedicated public servant who has spent more than 20 years enforcing our laws and serving our country. [Nevertheless,] Mayorkas and the DHS will continue working every day to keep Americans safe."
Former Homeland Security Secretary Michael Chertoff, the second person to assume the position, also defended his successor in a Wall Street Journal op-ed. "For all the investigating that the House Committee on Homeland Security has done, they have failed to put forth evidence that meets the bar," he wrote. Chertoff served as the head of DHS under former President George W. Bush.
Mayorkas defended himself from the allegations put forward by the House GOP in a Feb. 11 appearance on NBC News' "Meet The Press." He also rejected the idea that he is to blame for the overwhelming number of illegal aliens entering the southern border unlawfully.
"It certainly is a crisis; we don't bear responsibility for a broken system, and we're doing a tremendous amount within that broken system," Mayorkas commented. "But fundamentally, Congress is the only one who can fix it."
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Watch Homeland Security Secretary Alejandro Mayorkas insist that he won't step aside, even if impeached.
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Republicans have a brand-new reason to impeach DHS chief Alejandro Mayorkas.
Dear House GOP: Stop making excuses and impeach Alejandro Mayorkas immediately.
TRAITOR TO AMERICA: House will vote to impeach DHS Secretary Mayorkas ASAP, Speaker Johnson reveals.
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