After a nearly yearlong investigation, the Homeland Security Secretary, Alejandro Mayorkas, was impeached. The two main violations evaluated during the historic act by Congress were Mr. Mayorkas’ refusal to comply with alien law and the breach of public trust.
The House found that Mr. Mayorkas willfully refused to obey the law, as he disregarded provisions of the Immigration and Nationality Act. Although the law contained detention mandates, he directed the release of millions of inadmissible aliens into the United States.
Mayorkas also exploited the provision enabling temporary parole, supervising over 1.7 million parole instances. He established specific parole initiatives in violation of the law. Additionally, he instructed Immigration and Customs Enforcement staff not to detain the majority of undocumented individuals, including those with criminal backgrounds.
In his September 2021 directive, the secretary stipulated that mere unlawful presence no longer justified deportation and that criminal convictions alone did not warrant arrest. This directive contradicted existing legal frameworks.
Mr. Mayorkas also broke the public trust on two counts, firstly by neglecting his legal obligation to manage border control and secondly by deliberately providing false information to Congress.
He recanted his claim that he had operational power over the border under the Secure Fence Act, which he had made under oath. He also made the false assertion that the border is just as secure as it was before.
Mr. Mayorkas further impeded congressional oversight by refusing to comply with two subpoenas for documents issued by the committee, which remain incomplete.
A Department of Homeland Security spokeswoman, Mia Ehrenberg, spoke out about the issue.
“Without a shred of evidence or valid Constitutional grounds, and in spite of bipartisan opposition, House Republicans have falsely smeared a dedicated public servant who has spent more than 20 years enforcing our laws and serving our country,” said Ehrenberg.
Impeachment extends beyond indictable crimes. The Constitution’s creators intended it as a remedy for broader shortcomings. When officials responsible for upholding laws consciously neglect them and assume their directives, they exceed their mandate, intruding upon the legislative branch’s authority as outlined in the Constitution. These actions erode the fundamental principles of the rule of law, constituting grounds for impeachment and removal from office.
Many believe that the framers, who favored representative governance over tyranny, would likely view Mr. Mayorkas’ disregard for the law and breach of public trust as legitimate reasons for impeachment.
Senate Republicans have expressed their disapproval of the partisan manipulation of a constitutional tool intended for infrequent use. Due to this, the Senate has yet to hold a trial.
In a recent appearance on NBC’s “Meet the Press,” Mayorkas refuted the accusations against him as “unfounded,” stressing that the responsibility to address “a flawed system” through legislative means rests with Congress.
