Senate Convenes for Impeachment Trial of Homeland Security Secretary Mayorkas

On April 17, 2024, the Senate convened for the impeachment trial of Department of Homeland Security Secretary Alejandro Mayorkas. This trial marks only the second instance of a Cabinet official being impeached in U.S. history. The House of Representatives voted to impeach Mayorkas in February, accusing him of refusing to enforce immigration laws and a "breach of public trust."

Swearing In and Senate Dynamics

Senators were sworn in as jurors, with Sen. Patty Murray, a Washington Democrat and the president pro tempore of the chamber, presiding over the trial. The 51-member Democratic majority, which includes three independents, is likely to result in Mayorkas' acquittal on the impeachment charges.

Impeachment Articles

The House Republicans unveiled two articles of impeachment against Mayorkas, alleging "willful and systemic refusal to comply with the law" and a "breach of public trust." The first article accuses Mayorkas of violating immigration and border security laws, while the second alleges that he knowingly made false statements to Congress and the American people to evade lawful oversight.

Senate Proceedings and Objections

The trial's duration remains uncertain, with Democrats aiming for a swift resolution. However, some Senate Republicans have expressed objections and sought a comprehensive trial. Majority Leader Chuck Schumer attempted to allow for discussion on the Senate floor, but this was met with resistance from Republican Senator Eric Schmitt, who objected, leading to a delay in the chamber's next steps.

The Department of Homeland Security (DHS) has denounced the impeachment effort as "baseless," urging Congressional Republicans to focus on passing bipartisan legislation to address national security missions and the immigration system.

Constitutional scholars argue that the allegations against Mayorkas do not amount to "high Crimes and Misdemeanors," the basis for impeachment under the Constitution.