Homeland Security Secretary Mayorkas Narrowly Survives Second Impeachment Attempt

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The House of Representatives will vote as soon as Tuesday in a second attempt to impeach Homeland Security Secretary Alejandro Mayorkas after the vote failed this week 214-216. While Republicans in support of impeachment find Mayorkas responsible for high crimes and misdemeanors, Democrats and critics of the impeachment attempt view it as politically motivated and an effort to undermine President Biden’s border policy in advance of the election in November.

Mayorkas Impeachment Would be First in 150 Years

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Secretary Alejandro Mayorkas, 64, if successfully impeached next week, will be the first U.S. Cabinet official impeached in nearly 150 years. Many Republicans eager to impeach Mayorkas are outraged at Mayorkas’s handling of the surge in migrant arrivals at the southern border.

Allegations of Mismanagement at Southern Border

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Republicans allege that Mayorkas’s policies at the border constitute high crimes and misdemeanors. U.S. Customs and Border Protection announced there have been over 1 million migrant encounters since October 1, 2023, the beginning of the fiscal year. This marks the earliest time frame in which 1 million migrant encounters have been recorded.

Mayorkas Claim Inherited Problem with Insufficient Resources to Rectify

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Mayorkas oversees an agency with 260,000 employees with a broad jurisdiction beyond the southern border. He claims that the failures in the immigration system are systemic and that he inherited them when he was appointed Secretary of Homeland Security. He also claims that his agency has insufficient Congressional funding to carry out responsibilities within its jurisdiction.

Entrenched Politicization of Immigration Issues

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The impeachment threats against Mayorkas have sparked a debate on the politicization of immigration issues and the role of the Department of Homeland Security. While some conservative figures have defended him, highlighting his dedication to law enforcement and public safety, the impeachment process has underscored the contentious nature of immigration policy in the U.S.

Mayorkas Background in Immigration Policy

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Prior to his role as Cabinet Secretary, Mayorkas played a key role in implementing the Deferred Action for Childhood Arrivals (DACA) program, a key Obama-era immigration Executive Action. He also has faced criticism for alleged favoritism in a visa program. Amid these challenges, Mayorkas has received support from various quarters, including law enforcement organizations and former Homeland Security secretaries.

Mayorkas Squarely in Crosshairs of Larger Partisan Debate

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Some could say Mayorkas is caught in the crosshairs of politicking in advance of November’s election. Mayorkas’s impeachment is being considered amidst the border bill debacle in the Senate, where a foreign aid and border security deal was much anticipated and then abruptly scuttled by Republicans, and the constitutional showdown between the State of Texas and the U.S. Border Patrol, where Texas lay razor wire preventing access to property needed to carry out Border Patrol duties.

Failed Vote Due to Miscalculations

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The faltered 214-216 impeachment vote was influenced by a miscalculation of Democratic attendance and the decisive vote of Rep. Al Green (D-TX), who left his hospital bed to vote against the impeachment. Opposition within the GOP ranks also played a role, with three Republicans arguing that the accusations against Mayorkas did not meet the constitutional threshold for impeachment.

Vote Whipping Operation and Party Discipline Problems in House

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The defeat is emblematic of the problems among Republicans in the House, as it goes against all notions of party discipline to hold a vote and miscalculate the outcome. After all, voting is a numbers game, and usually, the outcome can be known in advance. It is the job of the Speaker and the Whip’s office to control the outcome of significant votes such as an impeachment. The GOP is under pressure to marshal its forces to avoid another defeat in their quest to impeach Mayorkas.

Speaker Johnson Hoping for Votes Second Time Around

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If calculations are correct among the Republican Whip operation this time around, Speaker Mike Johnson can anticipate a narrow majority in favor of impeachment, contingent on full attendance and no further changes in vote alignment.

Scalise and Santos Factor into Vote Count

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Additionally, the return of Rep. Steve Scalise (R-LA) following blood cancer treatment could tilt the scales in favor of the Republicans, with a possible vote scheduled as early as Tuesday. This urgency is underscored by an impending special election that could potentially reduce the GOP’s slim majority, depending on the outcome of George Santos’ seat.

Republicans Who Voted Against Impeachment

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Representatives Ken Buck (R-CO), Mike Gallagher (R-WI), and Tom McClintock (R-CA) voted against impeaching Mayorkas in the first round. They argued that simply having differences in policy views and favoring different approaches to address the crisis is not enough to impeach a qualified and appointed Cabinet secretary.

Statement by Republican Buck Who Voted Against Impeachment

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texas us border wall crossing guard fence David Peinado Romero shutterstock

Buck stated in an op-ed that while Mayorkas “has completely failed at his job…is incompetent…is an embarrassment,” nevertheless, “maladministration or incompetence does not rise to what our founders considered an impeachable offense.”

Procedural Vote Switching

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House Republican Conference Vice Chair Blake Moore (R-UT) switched his vote to “no” at the last minute, even though he supported the impeachment, to secure the procedural flexibility for House leaders to bring the articles of impeachment to the floor in the future. Moore should be counted as a “yes” vote for the next vote for impeachment.

Second Mayorkas Impeachment Vote Next Week

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Expect to see a successful impeachment vote for Secretary Mayorkas next week, or House leadership will likely not even bring up the vote to fail for a second time. Anger is mounting on all sides of the southern border crisis, and Mayorkas will likely take the fall. If the House successfully impeaches Mayorkas, the issue would be taken up in the Senate, where the matter is sure to be dead on arrival as the Democrats control the Senate 51-49.

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