Skip to main content

Yes: Motion to Refer H. Res. 863 to the Homeland Security Committee – Impeaching Alejandro Mayorkas

November 17, 2023
Blog Post

There is no question that Secretary Mayorkas has failed to carry out his duties as cabinet secretary, putting the American people at serious and decades-long risk. His implementation of the Biden border policies has resulted in the worst mass illegal migration into the United States that we have ever experienced. As a member of the House Judiciary Committee, I have twice had the opportunity to personally question Secretary Mayorkas regarding his failure to protect our country.

The bottom line is this: if we actually want to impeach AND convict Secretary Mayorkas, we must proceed correctly, and go through “regular order.” “Regular order” means using the committee process to reach a solution.

The United States House of Representatives has the power to impeach, but not the power to convict. Articles of Impeachment are the equivalent of an indictment. To be removed from office, the impeachment resolution, once passed by the House, must be taken up by the Senate, a trial held, and then if there is a two-thirds affirmative vote in the Senate, the person is “convicted” and only then would he be removed from office. The Senate is not obligated to take up articles of impeachment, and I can guarantee you that the current Senate would never take up a resolution that had not gone through committee (regular order). This failure to follow “regular order” is one of the reasons that the second Trump impeachment was flawed, and a reason, among others, that many of us used to justify our votes objecting to that impeachment effort. Mayorkas is currently the focus of an impeachment inquiry in our Republican Homeland Security Oversight Committee, and we are told that this committee will act soon. (This is the committee to which the resolution was referred).

I will continue to do all that I can to hold Secretary Mayorkas responsible for his absolute failure to protect the American People. I will support conducting the impeachment process in a manner that maximizes our opportunity to have Mayorkas face trial in the Senate and prevents the Democrats from arguing that we failed to follow the Constitution, failed to follow regular order, and failed to properly develop the facts.

Issues:Vote Notes