Immigration News: Mayorkas Impeached; Conviction in Senate Seems Unlikely

23 Feb Immigration News: Mayorkas Impeached; Conviction in Senate Seems Unlikely

Posted at 13:14h in News by

After a previous failed attempt to impeach Secretary of Homeland Security Alejandro Mayorkas on February 6, 2024, Republicans in the House of Representatives succeeded in impeaching Mr. Mayorkas on February 13 with a vote of 214-213. Republicans accused Mr. Mayorkas of failing to maintain operational control of the border, among other things.

The Senate will next consider the articles of impeachment after February 26, 2024, when they return. The Senate has a variety of options, including voting to dismiss, acquit, or convict Mr. Mayorkas, among other things. Conviction, which would require a two-thirds majority vote, is considered highly unlikely. A vote to dismiss, by contrast, would need just a simple majority. Sen. James Lankford (R-OK) said the impeachment effort would be “dead on arrival” in the Senate.

Reaction from immigration advocates was sharp. American Immigration Lawyers Association (AILA) Executive Director Ben Johnson called the impeachment effort “politically motivated.” He said, “The accusations that Secretary Mayorkas breached ‘public trust’ continue to ring hollow given he was implementing policy as Cabinet Secretaries have done throughout American history,” and “

Weaponizing the impeachment process is both unconstitutional and dangerous for the future of a functioning government.” Jeremy Robbins, executive director of the American Immigration Council, said, “All this political grandstanding around Mayorkas does absolutely nothing to address our challenges at the border.”

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This is posting is for informational purposes and is not intended as legal advice. If you require further assistance or advice relating to the above, please contact our Senior Associate Lawyer, Catherine Betancourt at catherine@flynnhodkinson.com.