House delays Mayorkas impeachment, referring MTG resolution to Homeland Security Committee

Homeland Secretary Alejandro Mayorkas temporarily avoided impeachment after the House voted to refer the matter to the Homeland Security Committee for an investigation into whether the Biden administration official should be charged with high crimes and misdemeanors for his handling of the southern border.

Lawmakers voted 209-201 to defer the articles of impeachment, dealing a blow to Rep. Marjorie Taylor Greene (R-GA), who has pushed for months to impeach the Biden administration official over his handling of the southern border. The motion was tabled after eight Republicans joined all Democrats in shooting down the effort to impeach Mayorkas this week, even after Rep. Tony Gonzales (R-TX) spoke with members leading up to the vote to whip up support.

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Greene introduced the impeachment resolution late last week, filing the legislation as a privileged motion and forcing lawmakers to vote on the matter within two legislation days. House Democrats initially planned to push for a motion to table but later switched course to refer the matter to the Homeland Security Committee, likely as a move to get more Republicans on board with punting action on impeachment.

The committee has already been conducting an inquiry into Mayorkas over the last several months, with lawmakers releasing its latest update into the investigation on Monday afternoon, just hours before the vote.

Monday’s vote comes after a monthslong push by Greene to remove the top border official from his post over accusations Mayorkas is failing to maintain “operational control” of U.S. borders, which has led to an influx of illegal immigration and the flow of fentanyl across the southern border. The Georgia Republican filed articles of impeachment against the homeland security official earlier this year, but that legislation failed to garner much momentum in the lower chamber, prompting Greene to file the latest articles as privileged.

Greene said she was motivated to reintroduce the legislation after eight people died in a car crash caused by a suspected human smuggler in south Texas on Wednesday. Two of the victims were from Greene’s district in Georgia, she said.

The impeachment resolution introduces one charge that alleges Mayorkas violated his constitutional duties since taking office in February 2021.

Greene cites several federal statutes in the resolution, such as the Secure Fence Act of 2006, which requires Mayorkas to maintain operational control of the border, and the Guarantee Clause, which requires him to “protect each of the States from invasion.” The Georgia Republican cited reports that show more than 10 million illegal immigrants have come into the country during his tenure, including the admittance of “terrorists, human traffickers, drugs, and other contraband.”

Mayorkas has testified before Congress eight times so far this year, during which the secretary has previously pushed back against lawmakers’ use of the definition “operational control” as it pertains to the Secure Fence Act.

The Department of Homeland Security panned the resolution, arguing that policy differences are not grounds for impeachment. A spokesperson for the department noted the U.S. immigration system has been broken for decades, arguing only Congress can pass legislation to fix it.

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“While the House majority has wasted months trying to score points with baseless attacks, Secretary Mayorkas has been doing his job and working to keep Americans safe,” a spokesperson told the Washington Examiner last week. “Instead of continuing their reckless impeachment charades and attacks on law enforcement, Congress should work with us to keep our country safe, build on the progress DHS is making, and deliver desperately needed reforms for our broken immigration system that only legislation can fix.”

Even if the House did impeach Mayorkas, the DHS official is likely to be acquitted after a trial by the Democratic-led Senate.