President Joe Biden has issued a statement of administration policy opposing the impeachment of Homeland Security Secretary Alejandro Mayorkas.
House GOP leaders advanced articles of impeachment against the embattled DHS secretary last month, which, if successful, would make him the first Cabinet secretary to be impeached in nearly 150 years. But Democrats and the president strongly oppose the idea.
“Impeaching Secretary Mayorkas would be an unprecedented and unconstitutional act of political retribution that would do nothing to solve the challenges our nation faces in securing the border,” the statement reads.
It further points out that the Constitution allows for impeachment only for “treason, bribery, or other high crimes and misdemeanors,” arguing that has not happened at DHS under Mayorkas.
“The impeachment power was never intended as a device for members of an opposing political party to harass executive branch officials over policy disputes,” the statement reads, adding that “legal scholars” agree that impeaching Mayorkas would be an abuse of the Constitution.
Republicans argue the DHS secretary is being impeached not over a policy dispute but over his refusal to enforce the laws of the United States.
“I strongly support Chairman [Mark] Green and Homeland Security Committee Republicans for taking this important step to hold Secretary Mayorkas accountable for willfully and systemically refusing to comply with federal immigration laws and acting in a manner subversive of the rule of law,” House Republican Conference Chairwoman Elise Stefanik (R-NY) said following a panel vote.
At least one Republican, Rep. Ken Buck (R-CO), isn’t on board, with Buck predicting Democrats might impeach future Cabinet officials of a Republican president.
The Biden administration’s statement makes a similar argument, saying the impeachment would “invite more partisan abuse of this authority in the future.”
The White House also argues the impeachment has no basis in law or fact and does not demonstrate that Mayorkas failed to follow the law.
“The secretary has scrupulously followed the law, faithfully implemented policies to address the significant and long-standing challenges at the border, and engaged with Congress and the public in a manner that is truthful and transparent,” it reads.
All parties agree the border situation is a crisis.
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The previous record number of border apprehensions was 1.64 million, set in fiscal 2000. That total has been surpassed each year of the Biden presidency, with 1.66 million apprehensions in fiscal 2021, which began with former President Donald Trump still in office, 2.2 million in 2022, and 2 million in 2023.
In response, Biden is calling for more funding to hire Border Patrol agents, immigration judges, and equipment to detect fentanyl being smuggled across the border. Republicans generally reject this framework as part of a $118 billion supplemental funding bill, arguing that the president can take executive action, such as reinstating the Trump-era Remain in Mexico program, to stem the tide of border crossings.