The House of Representatives impeached Homeland Security Secretary Alejandro Mayorkas with a vote of 214 to 213 on Feb. 13, marking the second time a Cabinet official has ever been impeached.
“Mayorkas is an exceptional case in U.S. history,” Speaker Mike Johnson said to reporters before the vote, claiming Mayorkas has created more “damage on the country than any Cabinet secretary that’s ever been.”
The impeachment was spurred by the rise in border crossing, with arrests due to illegal crossing hitting an all-time high in December. Mayorkas is accused of mishandling the Southern border and not complying with mandates.
“In his conduct while Secretary of Homeland Security, Alejandro Mayorkas, in violation of his oath to support and defend the Constitution of the United States against all enemies… has willfully and systemically refused to comply with Federal immigration laws,” stated the articles of impeachment. “In large part because of his unlawful conduct, millions of aliens have illegally entered the United States on an annual basis.”
This vote follows a failed attempt at impeachment last week, during which a surprise return by Democratic Rep. Al Green of Texas from surgery changed the expected margins. Three Republicans voted against the impeachment, flipping the vote against the majority party.
“Impeachment not only would fail to resolve Mr. Biden’s border crisis,” Republican Rep. Mike Gallaher wrote in an opinion for The Wall Street Journal, “but would also set a dangerous new precedent that would be used against future Republican administrations.”
The impeachment is not likely to go further, as for any removal to occur the Democrat-controlled Senate would need to convict in a ⅔ majority vote. Johnson rebuked these concerns before the vote.
“The House has a constitutional responsibility, as I’ve said many times,” Johnson said. “It’s probably the heaviest next to a declaration of war. And we have to do our job regardless of what the other chamber does.”
The Senate is expected to receive the articles of impeachment when they return to session Feb. 26. Lawyers, including Alan Dershowitz, who represented former President Donald Trump during his first impeachment.
“Whatever else Mayorkas may or may not have done, he has not committed bribery, treason, or high crimes and misdemeanors,” Dershowitz wrote in an opinion piece for The Hill. “Testifying to his opinion that the borders are secure is a far cry from perjury.”
