House Republicans barreled ahead with their effort to impeach the homeland security secretary, Alejandro Mayorkas, for his handling of the US’s southern border, as their party attempts to make immigration a defining issue of this year’s presidential election.
The House homeland security committee launched the impeachment proceedings on Wednesday, with Republicans charging that Mayorkas has been derelict in his duty to secure the US-Mexico border amid a sharp rise in migration while Democrats and administration officials assailed the inquiry as a “sham” and a “political stunt”.
“This is not a legitimate impeachment,” said Congressman Bennie Thompson of Mississippi, the top Democrat on the panel. Echoing constitutional experts and conservative legal scholars, Thompson added: “You cannot impeach a cabinet secretary because you don’t like a president’s policy.”
At Wednesday’s hearing, titled Havoc in the Heartland: How Secretary Mayorkas’ Failed Leadership Has Impacted the States, the panel’s chairman, Representative Mark Green, Republican of Tennessee, declared that he had a “duty” to pursue impeachment against Mayorkas, arguing in a combative closing statement that it was the appropriate punishment for the secretary’s “piss-poor performance” controlling the flow of migration and drugs into the US.
He charged that Mayorkas, a former federal prosecutor, had “brazenly refused to enforce the laws passed by Congress” and has “enacted policies that knowingly make our country less safe”. As a result, Green said, Republicans were left with “no reasonable alternative than to pursue the possibility of impeachment”.
The investigation into Mayorkas’s handling of the nation’s borders is being led by the House homeland security committee, as opposed to the House judiciary committee, which typically oversees impeachment proceedings but is presently consumed by Republicans’ impeachment inquiry into Joe Biden.
If Republicans are successful, Mayorkas would be the first cabinet secretary impeached in nearly 150 years.
Yet across the Capitol, Mayorkas has emerged as a central figure in the bipartisan Senate negotiations over how to respond to the rise in migration at the US border with Mexico. It creates an odd juxtaposition in which House Republicans are trying to impeach an official with whom Senate Republicans are working to try to strike a border security deal.
Record numbers of people are arriving at the southern US border each day, though crossings have recently fallen. The influx, as many as 10,000 arrivals on peak days, has strained border patrol resources as well as the public services in many cities and towns across the country.
The situation at the US-Mexico border is an acute political vulnerability for the president, who has been unable to stem the flow of people from across the western hemisphere traveling north to escape violence, political upheaval, poverty and natural disasters.
Unease among some House Republicans over their effort to impeach Biden despite a failure to uncover any evidence of misconduct has appeared to only strengthen the party’s appetite for bringing articles of impeachment against Mayorkas.
In November, shortly after Republicans elected Mike Johnson as their new speaker after the ouster of Kevin McCarthy, far-right congresswoman Marjorie Taylor Greene of Georgia attempted to force a snap impeachment of Mayorkas. Eight House Republicans joined with Democrats to block the effort, instead sending her resolution to the House homeland security committee.
Now, as the problems at the border deepen and polling shows Republicans with a clear advantage on the issue of immigration and border security, some of those Republicans appear newly willing to support the impeachment effort.
Green has indicated that he hopes to move quickly with the impeachment proceedings. But with their razor-thin majority, House Republicans would need near-total unanimity to levy articles of impeachment against Mayorkas.
If the House impeaches Mayorkas, it is extremely unlikely two-thirds of the Senate, narrowly controlled by Democrats, would vote to convict him.
Austin Knudsen, one of three Republican state attorneys general who testified before the panel on Wednesday, said Montana was on the frontline of the fentanyl crisis, accusing the Biden administration’s border policies of having “poured gasoline on this fire”.
Knudsen, along with Gentner Drummond of Oklahoma and Andrew Bailey of Missouri heralded the hardline enforcement actions taken by Donald Trump and blamed the current challenges on Biden’s decisions to stop future construction of his predecessor’s border wall and end of Covid-19 era policy to swiftly expel migrants. (Several miles of the border wall have been built since Biden took office.) Trump, the Republican frontrunner for the party’s 2024 presidential nomination, has vowed even more draconian measures if he is elected to a second term.
In her line of questioning on Wednesday, Greene, who sits on the homeland security panel, asked each Republican witness if he believed Mayorkas should be impeached. They agreed unequivocally that he should be.
Representative Dan Goldman, a Democrat of New York who was the lead counsel in Trump’s first impeachment, scoffed at their determination, arguing that the attorneys general were not experts on the matter of impeachment and all had joined a lawsuit suing the Biden administration over its border policies.
“We have Republicans suing Secretary Mayorkas to stop him from implementing his policy to address the issues at the border. And now we’re going to impeach him because you say he’s not addressing the issues at the border,” Goldman said. “Which do you want?”
Frank Bowman, a professor at the University of Missouri school of law and author of the book High Crimes and Misdemeanors: A History of Impeachment for the Age of Trump who counts Bailey, the Missouri attorney general, as a former student, was the lone voice of dissent on the panel. He argued that Mayorkas’s conduct did not rise to level of “high crimes and misdemeanors”, far from it.
“If the members of the committee disapprove of the Biden administration’s immigration and border policies, the constitution gives this Congress a wealth of legislative powers to change them,” he said. “Impeachment is not one of them.”
During the hearing, Democrats readily acknowledged the challenges at the border, but said impeaching Mayorkas was not the solution. They implored Republicans to work with them to overhaul the nation’s outdated immigration system, expand work permits and increase funding for border agents.
Representative Delia Ramirez, a Democrat of Illinois, said it was Republicans, not Democrats, who were failing to take the “humanitarian crisis within our borders seriously”.
“Impeachment will not make our borders any safer for our communities or for asylum-seekers and it will not address the conditions across Latin America that motivate families to migrate across the jungles and deserts to our southern border,” she said.
Several conservative lawmakers are unhappy with the direction of the bipartisan Senate talks, demanding Congress go further to restrict asylum laws. Some are threatening to block a funding bill and risk a government shutdown if Congress fails to take up Republicans’ hardline border security demands.
Representative Anthony D’Esposito, a Republican of New York who represents a district carried by Biden in 2020, was emphatic that the proceedings were about accountability and not political theater. He cited comments by the Democratic leaders in his state who have pleaded for more federal help to deal with the migrant crisis in New York.
“This isn’t a narrative,” he said. “It’s not one created by Republicans.”
In a memo released ahead of the hearing, the Department of Homeland Security (DHS) slammed the proceedings as a “baseless political attack” and a distraction from the efforts underway to find “real solutions” to fix the nation’s beleaguered immigration system.
The agency highlighted comments made by Republican lawmakers and conservative legal scholars who disagreed that Mayorkas had committed impeachable offenses.
And contrary to Republican claims of an “open” border, the DHS memo said that agents had removed or expelled more than 1 million individuals encountered at the border in both fiscal years 2022 and 2023, with more removals in 2022 than any previous year. It estimated that the annual rate of apprehensions under the Biden administration was 78%, “identical” to the rate under the Trump administration.
They also noted increased efforts in stopping the flow of fentanyl, noting that the agency has “stopped more fentanyl and arrested more individuals for fentanyl-related crimes in the last two years than in the previous five years combined”.
“This unprecedented process, led by extremists, is harmful to the Department and its workforce and undercuts vital work across countless national security priorities,” the memo said. “Unlike like those pursuing photo ops and politics, Secretary Mayorkas is working relentlessly to fix the problem by working with Republican and Democratic Senators to find common ground and real solutions.”
