The House recently voted to impeach Homeland Security Secretary Alejandro Mayorkas over his handling of immigration laws and border security. The Senate, where Democrats hold the majority, is expected to quickly dismiss the charges as they see them as a policy dispute rather than impeachable offenses as outlined in the Constitution. Senate Majority Leader Chuck Schumer will likely seek to dismiss the trial with a simple majority vote, allowing the Senate to move on to other business.
Under impeachment rules, House managers will deliver the charges to the Senate, and senators will be sworn in as jurors. Mayorkas would not be required to appear in the Senate during the trial proceedings. Schumer has the option to dismiss the trial outright or move to table the articles, potentially with the support of all Democrats and three Independents. If Republicans join Democrats in dismissing the charges, the trial will not proceed.
If the Senate does not dismiss the trial, another option is to form a trial committee to investigate the charges against Mayorkas. This approach has been used in previous impeachment trials for federal judges, allowing for a more in-depth investigation before a final trial. However, Democrats are likely to avoid a trial altogether, especially in a presidential election year where immigration and border security are key issues.
Senator Schumer has criticized the House impeachment effort as a “sham,” arguing that there is no evidence that Mayorkas committed a crime or violated the Constitution. If the Senate were to proceed to a trial, senators would need to sit through weeks of proceedings, including witness testimony and questioning from both sides. Some senators believe this process would not be the best use of the Senate’s time, and question the seriousness of the House impeachment proceedings.
Ultimately, the Senate is expected to dismiss the charges against Mayorkas, given that Democrats hold the majority and there is little bipartisan support for the trial to proceed. Republicans have raised concerns about the lack of evidence presented in the House impeachment effort, and have suggested that the process was rushed. The fate of Mayorkas’ impeachment trial lies in the hands of the Senate, where Democrats are likely to seek a quick resolution to the matter.
