Schumer, D-N.Y., said that the two articles of impeachment brought against the secretary over his handling of the border crisis, “fail to meet the high standard of high crimes and misdemeanors" and could set a dangerous precedent.
An outright dismissal of House Republicans’ prosecution of Mayorkas is likely to resonate politically for both Republicans and Democrats in a presidential election year which has seen millions of illegals cross the border from Mexico since Biden became president.
The House narrowly voted in February to impeach Mayorkas for his part in the border crisis, arguing in the two articles that he “willfully and systematically” refused to enforce immigration laws.
Once the senators are sworn in on Wednesday, the chamber will turn into the court of impeachment, with Democratic Sen. Patty Murray of Washington presiding. Murray is the president pro tempore of the Senate, or the senior-most member of the majority party who sits in for the vice president.
The entire process could be done within hours after the trial is called to order. Schumer said he will seek an agreement from Republicans for a period of debate — an offer they are unlikely to accept — and then allow some Republican objections. He will them move to dismiss the trial and hold a vote.
To win that vote, Schumer will need the support of all of the Senate's Democrats and three independents.
The two articles of impeachment argue that Mayorkas not only refused to enforce existing law but also breached the public trust by lying to Congress and saying the border was secure. The House vote was the first time in nearly 150 years that a Cabinet secretary was impeached.
