Earlier this week, the House Homeland Security Committee, led by Republicans, voted along party lines to recommend the impeachment of Alejandro Mayorkas, the United States Secretary of Homeland Security. The accusations against Mayorkas revolve around alleged repeated violations of laws enacted by Congress regarding immigration and border security. The articles of impeachment contend that he should be holding every undocumented migrant encountered by border agents in detention during their case processing, arguing that releasing some of them into the country while awaiting a ruling on their status violates the law.
Critics and legal experts counter these charges, citing the unprecedented surge in attempted migration in recent years and the limited capacity of federal facilities and officials to manage the substantial caseload. Both the Biden and Trump administrations responded to the overwhelming number of cases by releasing some migrants while awaiting adjudication.
The articles of impeachment drafted by the committee face scrutiny for inaccuracies and sloppy research. Some court cases cited to support claims about Mayorkas’ existing authorities were actually reversed on appeal. Furthermore, there are discrepancies, such as incorrectly attributing the termination of an immigration-related program to Mayorkas when it was actually ended by the State Department.
The political maneuver encounters challenges as Republicans hold a narrow majority in the House, and any defections could undermine the effort. Even if the House were to impeach Mayorkas, the Democrat-controlled Senate is expected to acquit him, as a conviction on impeachment charges requires a two-thirds Senate majority. The initiative for Mayorkas’ impeachment is spearheaded by Georgia Rep. Marjorie Taylor Greene, injecting a political dimension into the undertaking.
