Republican Congressman Pat Fallon filed his resolution Jan. 3 on the first day the 118th Congress convened. It got delayed because of the drawn-out House Speaker’s race, however, but it has now been referred to the House Judiciary Committee that is led by Rep. Jim Jordan. The first hearing could come later this month or early February.
Mayorkas, a Cabinet official in the Biden administration, would be the first secretary impeached since 1876. Back then, Secretary of War William Belknap was accused of accepting kickbacks over a military post in Indian territory.
As far as Mayorkas, he told Congress in November the U.S.-Mexico border is secure when the flood of illegal aliens streaming into the U.S., and who remain here, broke all previous records. At a heated April hearing, GOP lawmakers ripped into Mayorkas for overseeing the third-largest federal agency whose sole purpose is “security” of the nation’s borders.
According to a Fox News story, the articles of impeachment make a similar argument: Mayorkas has failed to maintain “operational control” of the border in violation of the Secure the Fence Act, a 2006 law. His claim to Congress about a “secure” border was false and misleading testimony, the second article says.
Ira Mehlman of the Federation for American Immigration Reform says the group has complained for a long time that Mayorkas is in "dereliction" of his duty and is violating his oath of office to protect the United States.
"Not only has he failed to do that," Mehlman tells AFN, "he has deliberately undermined the border security and the immigration laws of the United States. And that should be grounds for removal."
The final charge says the DHS secretary “publicly and falsely slandered” the border agents who were accused of whipping Haitian illegals in a 2021 incident at the border. Those agents were later cleared of that charge, in a 511-page report, after the Biden administration wanted them fired when news images of the incident went viral.
Border agents later witnessed their boss stand beside Biden as the president condemned them even though Mayorkas knew an investigation found no wrongdoing. Mayorkas himself told reporters the incident was an example of “systemic racism” in American society.
Fallon: Mayorkas will be liability for Democrats
In an interview with AFN, Rep. Fallon acknowledges it will be unlikely the U.S. Senate will vote to impeach Mayorkas because that requires a two-thirds vote.
“So will that occur? Not likely,” he concedes. “But even if it doesn’t, it will bring and shed a light on the border catastrophe for the American people today.”
What is more likely, he says, is for Mayorkas to become a political liability as the 2024 presidential race nears and the border crisis remains a serious issue to voters.
“If he’s not convicted in the Senate,” the congressman predicts, “[Mayorkas] will stay on the job for maybe two or three of four months, and then quietly resign and do something else, so the administration can save face.”
Editor's Note: This story has been updated with comments from Ira Mehlman.
