Impeachment of Alejandro Mayorkas, 2024

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On April 17, 2024, the U.S. Senate dismissed two articles of impeachment against U.S. Secretary of Homeland Security Alejandro Mayorkas. In two votes along party lines, with Democrats supporting and Republicans opposing the motions, the Senate voted that the allegations in the articles of impeachment did not meet the definition of high crimes and misdemeanors.[1]

The U.S. House of Representatives voted to approve two articles of impeachment against Mayorkas on February 13, 2024. The vote was 214-213, with 214 Republicans voting in favor. Three Republicans, Reps. Michael Gallagher (R-Wis.), Ken Buck (R-Colo.), Tom McClintock (R-Calif.), and 210 Democrats voted against impeachment. This was the second time the articles of impeachment were put up for a vote, following a failed vote on February 6, 2024. The House transmitted the articles of impeachment to the U.S. Senate on April 16, 2024.

The articles of impeachment alleged that Mayorkas "willfully and systemically refused to comply with the immigration laws, failed to control the border to the detriment of national security, compromised public safety, and violated the rule of law and separation of powers in the Constitution" and breached the public trust "by knowingly making false statements to Congress and the American people and avoiding lawful oversight in order to obscure the devastating consequences of his willful and systemic refusal to comply with the law and carry out his statutory duties."[2]

Mayorkas responded to the House Committee on Homeland Security's vote to approve the impeachment articles, saying, "I assure you that your false accusations do not rattle me and do not divert me from the law enforcement and broader public service mission to which I have devoted most of my career and to which I remain devoted."[3]

Rep. Marjorie Taylor Greene (R-Ga.) introduced the articles of impeachment on November 13, 2023. The articles were amended by the House Committee on Homeland Security, and passed the committee in a vote along party lines, with all Republicans voting in favor, on January 31, 2024.[2]

This was the first time the House voted on articles of impeachment against a Cabinet secretary since 1876. In 1876, Secretary of War William Belknap was impeached for "criminally disregarding his duty as Secretary of War and basely prostituting his high office to his lust for private gain."[4][5]

On this page you will find:

Timeline

  • April 17, 2024: Senators were sworn in as jurors.[6] In two votes along party lines, with Democrats supporting and Republicans opposing the motions, the Senate voted that the allegations in the articles of impeachment did not meet the definition of high crimes and misdemeanors. The Senate then voted 51-49 along party lines to adjourn the impeachment.[1]
  • April 16, 2024: The House transmitted the articles of impeachment to the Senate.
  • February 13, 2024: The House voted a second time on the articles of impeachment, approving them in a 214-213 vote.[2]
  • February 6, 2024: The House voted against articles of impeachment. The vote was 214-216.[2]
  • January 30-31, 2024: The House Committee on Homeland Security amended the articles of impeachment and approved them in an 18-15 vote along party lines.[2]
  • November 11, 2023: Rep. Marjorie Taylor Greene (R-Ga.) introduced articles of impeachment against Mayorkas.[2]

U.S. Senate votes to dismiss articles of impeachment

On April 17, 2024, the U.S. Senate dismissed the articles of impeachment against Mayorkas. In two votes along party lines, with Democrats supporting and Republicans opposing the motions, the Senate voted that the allegations in the articles of impeachment did not meet the definition of high crimes and misdemeanors.[1]

Vote to dismiss first article of impeachment

The Senate voted 51-48 to approve the motion to dismiss the first article of impeachment.

  • 48 Democrats voted yes.
  • Three independents who caucus with Democrats voted yes.
  • One Republican, Sen. Lisa Murkowski (R-Alaska) voted present.
  • 48 Republicans voted no.[1]

Vote to dismiss second article of impeachment

The Senate voted 51-49 to approve the motion to dismiss the second article of impeachment.[1]

  • 48 Democrats voted yes.
  • Three independents who caucus with Democrats voted yes.
  • 49 Republicans voted no.[1]

U.S. House votes on articles of impeachment

February 13, 2024, vote

On February 13, 2024, the House voted in favor of impeaching Mayorkas for willfully and systemically refusing to comply with the immigration laws and breaching the public trust. The vote was tied, and a simple majority was required to approve the articles of impeachment.

February 6, 2024, vote

On February 6, 2024, the House voted against impeaching Mayorkas for willfully and systemically refusing to comply with the immigration laws and breaching the public trust.

Media commentary

The section below provides media commentary in response to the impeachment.

“ House Republicans’ impeachment of Department of Homeland Security Secretary Alejandro Mayorkas on Tuesday was certainly warranted, but it’s a pretty hollow victory. Mayorkas earned this badge of shame by overseeing a total breakdown of the border, refusing to follow immigration law and allowing millions of migrants into the US interior while repeatedly insisting the border was 'secure.' But it’s more symbolic than anything: Democrats will inevitably block any conviction in the Senate. Nor would his conviction, and removal from office, change anything, because Mayorkas was doing what President Biden wanted (which is why it was the first impeachment of a Cabinet officer since 1876).[7][8] ”
—Editorial Board, New York Post
“ For Republicans, impeachment is little more than their latest political stunt, and another aimed at keeping focus on the southern border and the issue of immigration ahead of the 2024 election. The vote is also an opportunity to try to distract from the GOP’s likely presidential nominee’s many legal problems by putting the attention on the Biden administration. And lastly, it’s a carrot that House Speaker Mike Johnson is using to generate goodwill with the far-right flank of the party as he battles to keep his leadership position and make progress on spending bills unpalatable to his most conservative colleagues. Although Republicans were eventually successful, the whole ordeal has highlighted how tenuous GOP unity continues to be, and how the party has struggled to make concrete progress on its goals this term. And it sets a concerning precedent for how impeachment can be used as a political weapon, since both Democrats and legal experts widely argued that nothing Mayorkas has done has reached the threshold of 'high crimes and misdemeanors.'[9][8] ”
—Li Zhou, Vox
“ As it happens, I also oppose the impeachment of Mayorkas, but, in my case, it is because I think that he’s the wrong target of Congress’s ire. Like many conservatives, I believe that the president is — and ought to be — responsible for everything that happens in the branch that he heads up, and this applies to immigration policy as much as to anything else. Ultimately, there are only two options that are consistent with our Constitution: Either (1) Mayorkas is doing the president’s will, as is his duty, or (2) Mayorkas is freelancing in contravention of the president’s wishes. I have seen no evidence whatsoever that (2) is the case. And if it is not the case, then the problems at the border must lie squarely at the feet of President Biden. And if the problems at the border lie squarely at the feet of President Biden, then it is President Biden, not his subordinates, who must be impeached. When one makes this argument, one is usually told that an impeachment of Biden “would fail.” That’s true, but it’s also irrelevant. If Biden is the villain, then it is Biden who must be held accountable. Anything less is theater.[10][8] ”
—Charles C. W. Cooke, National Review
“ Most observers agree that the charges against Mayorkas – basically, that he performed incompetently and violated immigration law regarding the southern border – do not remotely rise to the level of “high crimes and misdemeanours”, as constitutionally required for impeachment and removal. [...] But history also records that all impeachments (and impeachment efforts, such as that mounted by Republicans against Biden himself) are inherently political, so this one could prove as politically potent as did those of Trump.[11][8] ”
—Martin Pengelly, The Guardian

Articles of impeachment

The section below provides the text of the articles of impeachment.

Overview of impeachment process

See also: Impeachment of federal officials

The United States Congress has the constitutional authority to impeach and remove a federal official from office—including the president—if he or she has committed an impeachable offense. Impeaching and removing an official has two stages. First, articles of impeachment against the official must be passed by a majority vote of the U.S. House of Representatives. Then, a trial is conducted in the United States Senate potentially leading to the conviction and removal of the official.[12]

In most impeachment trials, the vice president presides over the trial. However, in impeachment trials of the president, the chief justice of the U.S. Supreme Court presides. In order to remove the person from office, two-thirds of senators that are present to vote must vote to convict on the articles of impeachment.[12]

Process for impeachment and conviction

The following two charts show the process for impeachment, which begins in the U.S. House with the introduction of an impeachment resolution and a committee inquiry conducted by the United States House Committee on the Judiciary. If the committee adopts articles of impeachment against the official, the articles will go to a full floor vote in the U.S. House.

Congress Impeachment - US House.png


When articles of impeachment are adopted by the U.S. House, the process moves to the U.S. Senate where senators will either acquit or convict the official following a trial.

Congress Impeachment - US Senate.png

See also

Footnotes

  1. ↑ 1.0 1.1 1.2 1.3 1.4 1.5 U.S. Senate Press Gallery, "Wednesday, April 17, 2024," April 17, 2024
  2. ↑ 2.0 2.1 2.2 2.3 2.4 2.5 Congress.gov, "H.Res.863 - Impeaching Alejandro Nicholas Mayorkas, Secretary of Homeland Security, for high crimes and misdemeanors." accessed February 6, 2024
  3. ↑ Axios, "Mayorkas mounts 11th-hour defense against GOP impeachment effort," January 30, 2024
  4. ↑ Associated Press, "House Republicans are ready to impeach Homeland Security Secretary Mayorkas. Vote will be close," February 6, 2024
  5. ↑ Senate.gov, "Impeachment Trial of Secretary of War William Belknap, 1876," accessed February 6, 2024
  6. ↑ NPR, "Senators to be sworn in as jurors in Mayorkas impeachment trial," April 17, 2024
  7. ↑ New York Post, "Impeaching Mayorkas over border crisis is justified — but pointless," February 14, 2024
  8. ↑ 8.0 8.1 8.2 8.3 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  9. ↑ Vox, "Republicans’ baseless Mayorkas impeachment sets a disturbing precedent," February 14, 2024
  10. ↑ National Review, "Impeachment May Be Appropriate, but Mayorkas Is the Wrong Target," February 14, 2024
  11. ↑ The Guardian, "Mayorkas impeachment: petty, doomed … but still potentially damaging," February 14, 2024
  12. ↑ 12.0 12.1 Congressional Research Service, "Impeachment and removal," October 29, 2015
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