WASHINGTON — U.S. Rep. Pat Fallon of Texas filed articles of impeachment accusing the Homeland Security Secretary Alejandro Mayorkas of shirking his duty to protect the border.
The twice-elected Republican’s resolution, filed late Monday, is the first formal effort to remove anyone in the Biden administration since the GOP took control of the House last week.
It was hardly a surprise. Republicans have long clamored for Mayorkas’ scalp, accusing him of failing badly in his responsibilities.
“From perjuring himself before Congress about maintaining operational control of the border to the infamous ‘whipgate’ slander against our Border Patrol agents, Secretary Mayorkas has proven time and time again that he is unfit to lead the Department of Homeland Security,” Fallon said through an aide. “His willful actions erode our immigration system, undermine border patrol morale, and imperil American national security. He must be removed from office.”
“Whipgate” refers to a clash near Del Rio, Texas, in which Border Patrol agents on horseback appeared to be lashing Haitian migrants. Biden vowed swift punishment when a photo emerged in September 2021. But information later surfaced that Mayorkas had been told beforehand that the photographer witnessed no whipping, and the photo was misleading.
Asked Sunday about demands for his impeachment as he flew with Biden to El Paso aboard Air Force One, Mayorkas said he’s focused on “doing the work that we need to get done.”
One article of Fallon’s impeachment resolution accuses Mayorkas of failing to maintain “operational control” of the border as required by law, as evidenced by the fact that 5.5 million people crossed illegally during his tenure.
The article also cites the department’s refusal to detain every migrant it catches, though to varying degrees, presidents in both parties have always maintained that the government has discretion in which migrants are released pending a hearing – especially since Congress has never provided enough resources to detain 100% of those nabbed.
Article II accuses Mayorkas of perjury for testifying to Congress that the border was, in his view, under operational control.
Article III asserts that he “knowingly slandered” Border Patrol agents in the “whipgate” incident.
Sen. Ted Cruz of Texas and other Republicans have demanded his impeachment for months on grounds that his mismanagement has resulted in record levels of illegal immigration, and spikes in smuggling of migrants, fentanyl and other contraband.
“I’ve got a lot of work to do, and I intend to continue to do it. That’s my response,” he told The Dallas Morning News editorial board in October when asked about the prospect.
Removal from office is exceedingly unlikely, even if the House – controlled narrowly by Republicans since Jan. 3 – does approve articles of impeachment.
The two trials of Donald Trump served as a reminder that even if an adversarial party controls the House, the Senate controls the outcome of an impeachment. It would take two-thirds, or 67 of 100 senators, to convict and remove Mayorkas. And Republicans control only 49 seats.
Fallon’s resolution has so far drawn no co-sponsors and it’s unclear if it would be the vehicle the GOP leadership would use to pursue impeachment of Mayorkas. It has been referred to the Judiciary Committee.
The House can approve articles of impeachment with a simple majority.
Republicans control the chamber by five votes. That means a handful of moderates could derail an impeachment, as 20 far-right lawmakers managed to stall Speaker Kevin McCarthy’s ascension to the top post last week.
McCarthy has not committed outright to impeaching Mayorkas. He has echoed sharp rhetoric questioning the secretary’s performance, and vowing investigations into lapses in border security since President Joe Biden took office two years ago next week.
“You’ve got to build a case. You need the facts (and) evidence before you indict,” Rep. Michael McCaul of Texas told The Hill. McCaul, a former House Homeland Security chairman, added, “Has he been derelict in his responsibilities? I think so.”
Mayorkas was in Mexico City with Biden at a summit with leaders of Mexico and Canada.
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