The impeachment effort against Department of Homeland Security (DHS) Secretary Alejandro Mayorkas has officially been rejected by Senate Democrats on Wednesday.

The two impeachment articles against Mayorkas, first introduced by House Republicans in February after a failed first attempt, accused the Secretary of “willfully and systematically” refusing to enforce federal immigration laws and lying to Congress about his efforts to keep the border “secure.”

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At the time of the House impeachment, Speaker Mike Johnson explained the Republican Party voted for the articles because Mayorkas “willfully and consistently refused to comply with federal immigration laws,” and “undermined public trust through multiple false statements to Congress,” “obstructed lawful oversight of the Department of Homeland Security, and violated his oath of office.”

The Senate, with its 51-Democrat majority, ruled that the articles do not qualify for an act of impeachment as outlined by the US Constitution because they fail to rise to the level of “high crimes and misdemeanors.”

Senate Majority Leader Chuck Schumer led the voting process, first trying to allow the senators to hold a debate (objected to by Republican Sen. Eric Schmitt who said it was tantamount to “setting our Constitution ablaze”), and then forcing the Senate to vote on whether the first impeachment article met the threshold of “high crimes and misdemeanors.”

This trapped Republicans from bringing their points of order to the floor, and therefore quickly wrapped up the process. The Senators voted along party lines, being 51-48, with Sen. Lisa Murkowski (AK) voting present. Murkowski joined her party for the second vote, leading to a 51-49 outcome.

“The majority leader’s position is asking members of this Senate to vote on political expediency to avoid listening to arguments,” Sen. Ted Cruz (R-TX) said. “The only rational way to resolve this question is actually to debate it, to consider the Constitution and consider the law.”


Shane Devine is a writer covering politics and business for VT and a regular guest on The Unusual Suspects. Follow Shane’s work here.

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