Quick take: Why We Must Impeach Mayorkas
Don't be distracted by the "High Crimes and Misdemeanors" nonsense
Alejandro Nicholas Mayorkas is the Secretary of Homeland Security and was sworn in after a contentious confirmation on February 2, 2021. Since then, he has presided over the worst border enforcement in American history. Incompetence alone doesn’t describe the significance of this failure.
One can argue “this isn’t a crime” in the impeachment sense. And yet, what would one call an abject failure to uphold and enforce the law? While President Biden has requested (demanded) new law to enforce the border, he certainly had the opportunity to do that with the previous Congress, where he had majorities in both chambers. More CBP agents and more asylum judges will only expedite the process - make it run more efficiently - not stem the tide.
No, President Biden and his Secretary of Homeland Security have all the tools and resources they need to enforce the border. In fact, they had these tools when they assumed office, they simply chose not to use them. Stopping wall construction, repealing Remain in Mexico and instituting “Catch and Release” (instantly paroling any migrants encountered) was the recipe for this disaster. Biden did this on Day One by Executive Order. He could reverse those orders, but won’t - he’d rather the Republicans in the House give him political cover - but they won’t.
And yet, Mayorkas could have acted at any point of his tenure when he saw the sheer number of cases mounting. He chose not to, and still insists on not changing policy (i.e., not enforcing the law). “I was only following orders” doesn’t wash, when those orders were executed with enthusiasm and wanton disregard for the results.
“Not enforcing the law” is a reasonable ground for impeachment. And that charge, plus “breach of the public trust” ostensibly comprises the two charges against Mayorkas.
So why not impeach Biden, as well? Good question, so let’s examine both cases.
First, President Biden is accountable to the voters (the People) this November, where Mayorkas is not. Biden’s failure to enforce the border will surely weigh heavily on the minds of many this year. As an appointee, Mayorkas is accountable only to the president - or failing that, to the Congress through the impeachment process. If the People (through Congress) are to express their discontent with the administration’s policy failure, impeaching the DHS Secretary for that failure is a legitimate means to do so.
Second, because Biden is accountable to the voters for his misconduct, he should face the voters for that. Why would the Congress seek to strip the People of their democratic prerogative? Yes, it’s kind of cynical, but since “illegal immigration” is the top issue animating voters right now, why would Republicans push to fix that problem before the November election? As I’ve advocated previously, Republicans would be stupid to let Biden out of the box he’s in.
There’s also the argument that political impeachments tend to have the opposite of the intended effect on the voters - and there’s no question Biden’s impeachment over the border fiasco would be political. And of course there’s the argument that removing Biden would leave us with a worse alternative. But impeaching a cabinet official? I don’t see the political risk in that, even if it’s only ever been done once before. No, I see the House impeaching Mayorkas as fulfilling its constitutional imperative and it would generate zero sympathy for Biden or Mayorkas.
In either case (Biden or Mayorkas), I’m doubtful the Senate would vote to convict (and remove). It’s doubtful the Senate (under Democrat Chuck Schumer’s leadership) would even schedule the vote. Not with 20 Democrats (versus 10 Republicans) and 3 Independents (who caucus with Democrats) up for reelection this year. Most likely, the Senate will bury the House’s articles in committee so that vulnerable members don’t have to make a difficult choice when they stand to face the voters in several months (Senators Jon Tester (Mont.), Bob Casey (Pa.), Sherrod Brown (Ohio) and Jacky Rosen (Nevada.) are all at risk this year). Much easier to just not have a vote.
Unlike in the Senate, however, all 435 members are up for election this year. They each deserve the chance to be heard, on the record, before their voters. Republicans would be wise to have this vote, no matter how it goes.
I predict there will be a number of Democrats voting for impeaching Mayorkas, and a number of others who may regret they didn’t.
Note to readers: yes, this was a tad longer than the target 1-2 minutes for a Quick Take. We apologize for the inconvenience!