Biden to Dismiss Mayorkas’ Impeachment Charge as “Unconstitutional”

According to a statement of administration policy shared first with NBC News, President Joe Biden will denounce the charge to impeach Homeland Secretary Alejandro Mayorkas on Monday. Biden will characterize it as an “unprecedented and unconstitutional” political attack that betrays the real challenge of securing the southern U.S. border.

Biden’s statement will mark his most forceful condemnation of the Republican-controlled House’s efforts to bring the Mayorkas impeachment to the floor. Further, according to a GOP leadership aide, the House is scheduled to vote on the impeachment resolution on Tuesday. Also. the House Rules Committee is anticipated to convene Monday afternoon to advance the measure.

“From his time in the Justice Department as a U.S. Attorney to his service as Deputy Secretary and now Secretary of Homeland Security, he has upheld the rule of law faithfully and has demonstrated a deep commitment to the values that make our Nation great,” Biden will say.

“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.”

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Republicans argue that impeachment hearings, which the House Homeland Security Committee launched last month, are necessary. They point to record high illegal border crossings and drug trafficking across the southern U.S. border under Mayorkas. Biden appointed him in 2021.

Last year, Rep. Marjorie Taylor Greene, R-Ga., attempted twice to compel an impeachment vote against Mayorkas. In a format typically reserved for announcing presidential vetoes of specific bills, Biden will assert that House Republicans are misusing Congress’s authority.

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Also, they are targeting a Cabinet-level official for reasons beyond the scope of their authority. “The impeachment power was never intended as a device for members of an opposing political party to harass Executive Branch officials over policy disputes,” Biden states.

“Impeaching Secretary Mayorkas would trivialize this solemn constitutional power and invite more partisan abuse of this authority in the future.” In addition, Biden slams the impeachment case as “baseless.” He states his administration will work with Congress to secure the border and strengthen immigration systems.

Record-high crossings burden the immigration system. Some hard-line Republicans oppose a new border bill. This prompts pushback from colleagues eager to address the crisis.

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Some Republicans argue that Mayorkas’s record doesn’t meet the criteria for treason or high crimes and misdemeanors required by the framers for impeachment. Mayorkas would only be the second Cabinet secretary in U.S. history to face impeachment.

Earlier, the White House put forth a constitutional argument against impeachment. They criticized Republicans for engaging in “extreme, far-right politics.” Furthermore, the memo likened the effort to remove Mayorkas to attempts to overturn the 2020 presidential election and impeach Biden.

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