The impeachment hearings for Homeland Security Secretary Alejandro Mayorkas took a heated turn on Wednesday as Republicans and Democrats engaged in a fierce debate over the grounds for impeachment. While Republicans argued that the record high border crossing numbers and the influx of fentanyl across the southwest border justify impeachment, Democrats and legal experts pushed back, asserting that there is no legal basis for such action.
The Border Crisis and Mayorkas’s Role
Republicans pointed out that under Mayorkas, 85 percent of migrants crossing the border are released into the U.S., compared to only 10 percent during the Obama administration. However, they failed to acknowledge that Immigration and Customs Enforcement (ICE) is currently holding more migrants in detention than it did under the previous administration. December 31, 2023, data from Syracuse University reveals that ICE held approximately 37,000 migrants in custody, exceeding the Obama administration’s maximum capacity of 34,000. Republicans are currently blocking increased funding for immigration detention space.
Previous Administrations’ Actions
During the Trump administration, and prior to the Covid pandemic, Congress mandated that ICE hold even more migrants, resulting in up to 56,000 individuals being held at one time. The Biden administration has requested additional funding to expand ICE detention capacity, although Republicans have yet to approve it.
Expert Testimony and Political Warfare
The hearing witnessed Texas Republican Mike McCaul, former chair of the Homeland Security Committee, emphasizing that he had “never seen this border more out of control.” However, the last impeachment of a cabinet-level official occurred during the Ulysses S. Grant administration when Secretary of War William Belknap faced impeachment for accepting kickbacks. Democrats called constitutional lawyer Frank Bowman as a witness, who argued that there was no evidence warranting charges of “high crimes and misdemeanors” against Mayorkas. Bowman cautioned against using impeachment as a political weapon.
Partisan Reactions and Criticism
Republicans from Montana, Oklahoma, and Missouri testified that Mayorkas was responsible for the increased influx of immigrants and fentanyl in their states. Mississippi Democrat Bennie Thompson, the committee’s ranking member, condemned the impeachment hearings as “a shame” and “the height of hypocrisy” from Republicans. Democrats criticized Republicans for focusing on impeachment instead of working to address the issues at the border.
The Impeachment Process
In November, Rep. Marjorie Taylor Greene led an unsuccessful effort to impeach Mayorkas on the House floor. The matter was subsequently referred back to the committee. Mayorkas was absent from Wednesday’s hearing, but Republicans have given him until the end of the day to confirm his participation in the next hearing.