WASHINGTON (AP) — The Senate has voted to dismiss the first of two articles of impeachment against Homeland Security Secretary Alejandro Mayorkas, the first step in ending its trial on his handling of the U.S.-Mexico border.
Democrats said the article, which charged Mayorkas with “willful and systemic refusal to comply with the law,” is unconstitutional. Senate Majority Leader Chuck Schumer has called for a second vote that would dismiss the second article, which charges Mayorkas with a breach of trust over saying that the border was secure.
The vote to dismiss the first article was 51-48 along party lines, with Republican Sen. Lisa Murkowski of Alaska voting “present.”
If the Senate votes to dismiss both articles, the trial will be over before arguments start. Schumer said the House Republicans' case fails 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.
The House narrowly voted in February to impeach Mayorkas for his handling of the border, arguing in the two articles that he “willfully and systematically” refused to enforce immigration laws. 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 of senators.
An outright dismissal of House Republicans’ prosecution of Mayorkas, with no chance to argue the case, would be 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.
Once the senators were sworn in on Wednesday, the chamber turned into the court of impeachment, with Democratic Sen. Patty Murray of Washington presiding. Murray is the president pro tempore of the Senate, or the senior-most member of the majority party who sits in for the vice president. Senators approached the front of the Senate in groups of four to sign an oath book that is stored in the National Archives.
Schumer then called for the votes to dismiss the trial after Republicans rejected a proposed agreement for Senate debate time and several votes on GOP objections. Senate Republican Leader Mitch McConnell called for a delay in the proceedings while Republican senators huddled on the floor to discuss how to proceed and called for several votes to delay the final outcome. All the votes were party-line.
As Johnson signed the articles Monday in preparation for sending them across the Capitol, he said Schumer should convene a trial to “hold those who engineered this crisis to full account.”
Schumer “is the only impediment to delivering accountability for the American people,” Johnson said. “Pursuant to the Constitution, the House demands a trial.”
In any case, Republicans would not be able to win the support of the two-thirds of the Senate that is needed to convict and remove Mayorkas from office — Democrats control the Senate, 51-49, and they appear to be united against the impeachment effort. Not one House Democrat supported it, either.