Congress Responds to FAIR Demands for Impeachment of Homeland Security Secretary Mayorkas
After months of fruitless efforts to get answers about serious national security threats posed by the collapse of border controls, the House of Representatives finally acceded to FAIR’s demands and began impeachment proceedings against Homeland Security (DHS) Secretary Alejandro Mayorkas. Mayorkas has been the prime architect of the disastrous Biden Border Crisis that has resulted in some 10 million people crossing our borders illegally – including nearly 2 million who eluded apprehension – over the past three years.
In January, the House Homeland Security Committee, which has oversight authority over DHS, held two hearings detailing Mayorkas’ failure to carry out the essential mission of his office. “This hearing is about the human costs of Secretary Mayorkas’ egregious misconduct and failure to fulfill his oath of office,” stated committee Chairman Mark Green (R-Tenn.). Committee members cited numerous instances, during the three years Mayorkas has been at the helm of DHS, where the secretary has misled Congress and failed to provide adequate answers or data when requested – playing what Chairman Green called “a cat and mouse game” with Congress.
FAIR was among the first to call for Mayorkas’ impeachment because we flagged the magnitude of the misfeasance and its likely future implications. To bolster the case for removing him from office, FAIR prepared a comprehensive list of actions taken by the beleaguered cabinet official during the past three years that were in direct contravention to the law and designed to weaken border controls. That report, “Secretary Mayorkas: Betraying the American People,” can be found on FAIR’s website, www.fairus.org.
Mayorkas, himself, has lent credence to the charge that he is in dereliction of his duty as DHS secretary. When asked, in early January, about reports that DHS was releasing more than 70 percent of the record numbers of migrants encountered at the border, he told Fox News, “It would not surprise me at all. I know the data.” But even that was a low-ball estimate. In meetings with Border Patrol agents a few days later, Mayorkas was reported to have admitted that upwards of 85 percent of migrants encountered at the southern border are now being let into the country.
In dozens of previous appearances before congressional committees, Mayorkas has no answers for why his department has lost track of illegal aliens – including children – who have been released into the country.
Instead, he just demands a mass amnesty program to “fix” the immigration system, effectively forcing Congress to ratify and validate the tidal wave of illegal immigration he has allowed into the country.
“After our nearly year-long investigation and subsequent impeachment proceedings and having exhausted all other options to hold him accountable, it is unmistakably clear to all of us — and to the American people — that Congress must exercise its constitutional duty and impeach Secretary Mayorkas,” Green concluded at the end of the impeachment hearings.
On February 6, the House failed to impeach Department of Homeland Security (DHS) Secretary Mayorkas by a vote of 214-216. However, the House is expected to reconsider the Secretary’s impeachment when all majority members are present, providing another chance to hold Secretary Mayorkas accountable for his willful disregard of the law and breach of public trust. A second vote could happen as soon as next week.
The failed impeachment vote offered drama for those watching Tuesday evening. Immediately before it began, Speaker Mike Johnson (R-La.) was seen huddled on the House floor with other members and staff while they stalled proceedings by holding a vote open a separate bill. Meanwhile, key aides conferred to ensure that Republicans had the votes needed to impeach the Secretary with an extremely narrow majority: 219 Republicans to 212 Democrats and four vacancies. That meant Republicans could only afford to lose three votes with all of their members present for impeachment to pass. Since Majority Leader Steve Scalise (R-La.) was absent due to health issues, the margin of error was even smaller for the House majority.
As expected, the vote was very close. Three GOP Congressmen – Tom McClintock (Calif.), Ken Buck (Colo.) and Mike Gallagher (Wis.) – voted against the impeachment, resulting in a one vote margin to impeach Mayorkas of 215-214. However, unexpectedly, Democrat Congressman Al Green (Texas), who had missed all previous votes on Tuesday, suddenly showed up to vote against the impeachment and tied the vote at 215-215. By rule, a tie vote loses in the House, and without the Majority Leader’s vote, House Republicans had no way to break the tie.
Given the deadlock, House leadership advised GOP Conference Vice Chairman Blake Moore (R-Utah) to flip his vote to “nay.” That move allows House Republicans the option to introduce a motion to reconsider impeachment. Under House rules, a motion to reconsider bills can only be raised by a Member who voted on the prevailing side. Vice Chairman Moore accordingly flipped his vote to be a member of the “winning” side, giving him the ability to introduce a motion to vote again when Majority Leader Scalise is present and able to break the tie.
Following the vote, House Republicans quickly asserted that they are not abandoning the effort to impeach Mayorkas. The Speaker’s office noted within the hour that they “fully intend” to vote again on the articles of impeachment. Chairman of the House Homeland Security Committee Mark Green (R-Tenn.) also released a statement saying, “While I’m disappointed in the outcome of today’s vote, this is not the end of our efforts to hold Secretary Mayorkas accountable. I look forward to Leader Scalise’s return.”