Senate rejects impeachment articles against Mayorkas, ending trial against Cabinet secretary

WASHINGTON — The Senate dismissed all impeachment charges against Homeland Security Secretary Alejandro Mayorkas on Wednesday, ending the House Republican push to remove the Cabinet secretary from office over his handling of the the U.S.-Mexico border and shutting down his trial before arguments even began.

Senators voted to dismiss both articles of impeachment and end the proceedings, with Democrats arguing that the articles were unconstitutional. The first article charged Mayorkas with “willful and systemic refusal to comply” with immigration law and second article charged him with a “breach of trust” for saying the border was secure. The votes were 51-48 and 51-49, both along party lines.

Senate Majority Leader Chuck Schumer said the House Republicans’ charges failed to meet “the high standard of high crimes and misdemeanors” and could set a dangerous precedent.

“For the sake of the Senate’s integrity and to protect impeachment for those rare cases we truly need it, senators should dismiss today’s charges,” said Schumer, D-N.Y., as he opened Wednesday’s session.

Senate Republicans had argued for a full impeachment trial after the House narrowly voted in February to impeach Mayorkas for his handling of the border, stating in the two articles that he “willfully and systematically” refused to enforce immigration laws.

An outright dismissal of House Republicans’ prosecution of Mayorkas, with no chance to argue the case, is an embarrassing defeat for House Republicans and embattled House Speaker Mike Johnson, R-La., who made the impeachment a priority. And it is likely to resonate politically for both Republicans and Democrats in a presidential election year when border security has been a top issue.

Republicans argue that President Joe Biden has been weak on the border as arrests for illegal crossings skyrocketed to more than 2 million people during the last two years of his term, though they have fallen from a record high of 250,000 in December amid heightened enforcement in Mexico. Democrats say that instead of impeaching Mayorkas, Republicans should have accepted a bipartisan Senate compromise aimed at reducing the number of migrants who come into the U.S. illegally.

House impeachment managers delivered the charges to the Senate on Tuesday, standing in the well of the Senate and reading them aloud to a captive audience. But they did not get a chance to present the case before the Senate dismissed it.

The historic nature of the trial — the first time in nearly 150 years that a Cabinet secretary was impeached — contrasted with the almost routine feel of the proceedings after senators have sat through two previous impeachment trials against former President Donald Trump in 2020 and 2021. And with a quick dismissal almost inevitable, the Senate never even set up the chamber for the occasion, which usually includes tables on each side for the impeachment managers and defense lawyers.

Still, there was a bit of the traditional pomp. As the trial began, senators approached the front of the Senate in groups of four to sign an oath book that is stored in the National Archives.

Schumer called for the votes to dismiss the two charges after Republicans rejected a proposed agreement for Senate debate time and several votes on GOP objections. Missouri Sen. Eric Schmitt stood in the chamber and said Republicans wouldn’t accept Schumer’s offer because Democrats were “bulldozing 200 years of precedent” on impeachments by trying to dismiss the trial.

Angry Republicans called for several votes to delay the inevitable final outcome, but none of them passed as Democrats and three Independents held together.

Frustrated, Senate Republican Leader Mitch McConnell, R-Ky., said “history will not judge this moment well.”