House to deliver Mayorkas impeachment articles to Senate after GOP-led hearing on Capitol Hill

The House of Representatives is set to transfer articles of impeachment against Homeland Security Secretary Alejandro Mayorkas to the Senate on Tuesday afternoon, right after the Biden administration official testifies at a GOP-led hearing on Capitol Hill.

House impeachment managers are expected to walk the two House-passed articles to the Senate around 2:15 p.m. Tuesday, Speaker Mike Johnson’s office told Fox News Digital. 

READ MORE IMMIGRATION COVERAGE FROM FOX NEWS DIGITAL

Earlier that morning, Mayorkas is slated to appear at what is likely to be a contentious hearing before the House Homeland Security Committee to testify about President Biden’s fiscal year 2024 request for his department.

Eight of the 11 impeachment managers Johnson appointed are on the committee, including Chairman Mark Green, R-Tenn.

They were originally supposed to make the ceremonial trip last Wednesday, but Johnson delayed that at the request of GOP senators who asked that the date be moved so they could have more time to build a case.

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In February, the House passed two articles of impeachment against Mayorkas in a narrow 214-213 vote, both stemming from GOP-led fury over his and President Biden’s handling of the border crisis.

One accused him of having "refused to comply with federal immigration laws" and the other of having violated "public trust." A Fox News analysis found that 7.2 million people crossed the border illegally since Biden took office, a bigger number than the populations of 36 individual states.

A Cabinet secretary has not been impeached by the U.S. Congress since 1876.

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Senate Majority Leader Chuck Schumer, D-N.Y., has criticized the House GOP’s impeachment push but vowed to move forward expediently. He renewed that vow last week when Johnson delayed the transfer, telling reporters, "We’re ready to go whenever they are. We are sticking with our plan. We’re going to move this as expeditiously as possible."

But Republicans in the House and Senate have expressed concern that Schumer will move to quickly dismiss the case without a trial. 

Afghan man on terror watchlist apprehended by ICE

An Afghan national who is on the U.S. terror watchlist is back in custody Friday, the Department of Homeland Security said, after he was previously captured at the U.S.-Mexico border and released twice onto American soil. 

Mohammed Karwan is a member of Hezb-e-Islami, a group responsible for attacks in Afghanistan that killed at least nine American soldiers and civilians from 2013 to 2015, the terror watchlist indicates, NBC reported.

Karwan was first apprehended in March 2023 after crossing into the U.S. illegally near San Ysidro, California.  

DHS officials tell Fox News that Karwan was not on the terror watchlist during that arrest and was referred to ICE, which released him on ATD – alternatives to detention. At the time of his apprehension, "there was not conclusive information" to match him to the FBI’s Terrorism Watch List, the officials said.

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Eleven months later, in February 2024, Karwan was officially added to the FBI terror watchlist after "derogatory" new information was developed on him, multiple DHS sources told Fox News. Immigration and Customs Enforcement was notified, and ICE arrested him in San Antonio in February, the sources said.

Two weeks ago, during a court appearance, DHS prosecutors did not tell the federal immigration judge that the Afghan was on the terror watchlist or a possible national threat, only arguing that he was a possible flight risk. DHS cannot disclose what they do or don’t say in court, and is limited in what the department can tell a judge, senior DHS officials told Fox News.

The judge ordered him released on bond, according to a source familiar with the matter. 

MORE THAN 40 SENATE REPUBLICANS CALL FOR MAYORKAS IMPEACHMENT TRIAL IN LETTER TO SCHUMER

As of Friday, Karwan has been taken into custody again with a court appearance set for next year. 

Homeland Security told Fox News late Thursday night that "law enforcement has been tracking the matter closely to protest against public safety risks" and "the individual is currently in U.S. custody."

"DHS takes seriously its responsibility to ensure that those who enter the country don’t pose a threat to our national security. If an individual poses a threat to national security or public safety, we deny admission, detain, remove, or refer them to other federal agencies for further vetting, investigation and/or prosecution as appropriate," a DHS spokesperson also said. "Vetting is a point-in-time check that evaluates information available to the U.S. Government at that time. If individuals who have entered the country are later found to be associated with information indicating a potential national security or public safety concern, DHS and our federal partners have procedures in place to investigate and take appropriate act."

The U.S. National Counterterrorism Center describes "Hezb-e-Islami, or ‘Party of Islam,’" as a "political and paramilitary organization in Afghanistan founded in 1976 by former Afghan prime minister Gulbuddin Hekmatyar, who has been prominent in various Afghan conflicts since the late 1970s."Hezb-e Islami Gulbuddin (HIG) is an offshoot of that original Hezb-e-Islami, and is a virulently anti-Western insurgent group whose goal is to replace the Western-backed Afghan Government with an Islamic state rooted in sharia in line with Hekmatyar’s vision of a Pashtun-dominated Afghanistan," it adds. "His group conducts attacks against Coalition forces, Afghan Government targets, and Western interests in Afghanistan."

Fox News’ David Spunt and Madeleine Rivera contributed to this report.

Mayorkas deflects when asked if ‘above 85%’ of illegal immigrants are released into the US

Homeland Security Secretary Alejandro Mayorkas deflected questioning Wednesday on Capitol Hill when he was asked about a Fox News Digital article stating that he has admitted to Border Patrol agents that the current rate of release for illegal immigrants apprehended at the U.S. border is "above 85%." 

Rep. Michael Guest was grilling Mayorkas about the statistic during a House Appropriations Committee hearing on Homeland Security’s fiscal year 2025 budget request. 

"It was reported in January of this year that at a meeting with Border Patrol agents that you said that the current rate of release for illegal immigrants apprehended at the southwest border is above 85%. One, did that conversation take place and two, is that number accurate?" the Republican from Mississippi asked Mayorkas. 

"Congressman, I'm not familiar with that number and I'm not certain to which conversation you refer. I have visited the border so very many times," he responded. "Perhaps some additional details would guide me in responding your question accurately." 

MAYORKAS TELLS BORDER PATROL AGENTS THAT ‘ABOVE 85%’ OF ILLEGAL IMMIGRANTS RELEASED INTO US: SOURCES 

Guest then read Mayorkas the opening paragraphs from the Fox News Digital report, which said he "made the remarks when meeting privately with agents in Eagle Pass, Texas, according to three Border Patrol sources who were in the room and heard the remarks themselves." 

"Congressman, I'll be pleased to provide you with the data points, and certainly I don't view that article as a transcript," Mayorkas said. 

GOP PLANS TO GRIND SENATE TO A HALT IF DEMOCRATS TABLE MAYORKAS IMPEACHMENT TRIAL 

"So you're not disputing this article? You're not saying that that number is artificially high? You're just saying at this point that you don't have that number here to either admit or deny the 85% that it was alleged there in the article?" Guest then asked. 

"I cannot confirm, and I will do so," Mayorkas said. 

The exchange comes as Republican senators are gearing up to prevent all legislative business in the Senate from going forward if they don't get a full trial into the articles of impeachment against Mayorkas. The House voted to impeach Mayorkas in February. 

Five sources told Fox News Digital that roughly a dozen GOP senators have been planning for more than a week to obstruct legislative proceedings and regular business in the Senate if, at a minimum, points of order are not agreed to in the impeachment trial of Mayorkas when the House impeachment managers deliver the articles to Senate Majority Leader Chuck Schumer, D-N.Y. 

Fox News’ Julia Johnson contributed to this report. 

The Hitchhiker’s Guide to Mayorkas’s impeachment trial

We’ve seen impeachment trials a lot on Capitol Hill in recent years. The Senate conducted two impeachment trials of former President Trump in early 2020 and early 2021.

But no living American has ever witnessed the impeachment trial which is about to begin in the United States Senate.

Blink and you might miss it.

The House impeached Homeland Security Secretary Alejandro Mayorkas in February. The House accuses Mayorkas of not following the law when it comes to securing the border and lying to Congress. Mayorkas became only the second cabinet secretary ever impeached. The first was Secretary of War William Belknap in 1876. Senate Majority Leader Chuck Schumer, D-N.Y., hasn’t tipped his hand yet on how he’ll handle the articles, but Schumer is expected to move to dismiss or table the articles. The Senate must vote to do that. If all 51 senators who caucus with the Democrats vote to punt, they can extinguish the trial quickly.

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But don’t expect Republicans to go quietly.

House Speaker Mike Johnson, R-La., says the Senate is obligated to conduct a full trial of Mayorkas and render judgment. Sen. Mike Lee, R-Utah, and other Republicans may try to elongate the trial. They argue that senators have a constitutional obligation to listen to arguments for and against impeachment. So expect them to make points of order – possibly forcing the Senate to vote – to consider the articles. However, Senate Democrats can euthanize each of those points of order – if they stick together and table each of the GOP motions.

Still, the trial might not last long. But here’s the minimum which must unfold on the Senate floor over the coming days.

Expect the following:

The House voted to impeach Mayorkas by a solitary vote in February. The House failed in its first effort to impeach after Rep. Al Green, D-Tex., materialized unexpectedly (directly from the hospital) and foiled the GOP’s plans. After a second vote to impeach, the House then appointed 11 impeachment "managers." They serve as de facto "prosecutors," presenting the House’s case to the Senate. House Homeland Security Committee Chairman Mark Green, R-Tenn., serves as the lead impeachment manager. All 100 senators will sit as "jurors" when the trial begins. Mayorkas does not appear at the trial nor is he required to attend.

On Wednesday, House Sergeant at Arms Bill McFarland and Acting Clerk of the House Kevin McCumber will escort the managers and the articles of impeachment themselves from the House, across the Capitol Rotunda, to the Senate wing of the Capitol. That’s where the Senate will "receive" the articles of impeachment. Senate Sergeant at Arms Karen Gibson will greet the House entourage in the Senate wing of the Capitol and escort everyone to the Senate chamber.

All 100 senators will await the coterie from the House. Sen. Patty Murray, D-Wash., is the President Pro Tempore of the Senate – the most senior member of the majority party. She will preside over the impeachment trial – not Chief Justice of the United States John Roberts. The Chief Justice typically only presides over impeachment trials involving the President or Vice President. Roberts was in charge for former President Trump’s first trial in 2020. But then-Sen. Patrick Leahy, D-Vt., presided over the second impeachment trial in 2021. Leahy was the Senate’s President Pro Tempore back then.

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The impeachment articles are then read to the Senate.

It’s possible Lee and company could try to offer their motions then. But Murray could rule him out of order. The Senate hasn’t even sworn-in senators yet to adjudicate the trial. Moreover, the Senate could find itself either in legislative session (working on a bill) or executive session (working on a nomination) when the Senate stops its action to receive the articles. Therefore, motions by senators pertaining to the trial aren’t applicable at that moment.

Under Senate impeachment rules, things really get started the next day at 1 pm ET. That’s when the Senate swears in the senators. Gibson will announce that everyone should remain quiet "on pain of imprisonment." At that point, we are technically "in trial." Thus, motions are in order. In the past, the Senate could consider a resolution to establish parameters for how to handle the trial. Schumer could possibly move immediately to dismiss or table the articles. Or Lee and company could make their motions as well.

But here’s the problem for Republicans:

Schumer is the Senate Majority Leader. As Majority Leader, Schumer is recognized first by Murray, the presiding officer. Schumer could potentially short-circuit anything Republicans want to do by jumping ahead and making a motion to table or dismiss. The Senate would then vote on whether to halt proceedings right there. Republicans may never get a shot.

It is important to note that senators don’t "debate" during an impeachment trial. However, they could agree to debate in closed session – not out in the open.

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However, a vote to dismiss the articles – or on anything Republicans cook up – carries political consequences for Democrats facing competitive re-election bids this fall. Think Sens. Sherrod Brown, D-Ohio, Jon Tester, D-Mont., Bob Casey, D-Mich., Tammy Baldwin, D-Wisc., and Jacky Rosen, D-Nev. Republicans will likely weaponize any roll call vote Democrats to truncate the impeachment trial. Republicans will try to portray these vulnerable Democrats as not taking the border or the charges leveled at Mayorkas seriously.

In short, the trial is likely to be short. Not the impeachment trials of former President Trump. The Senate spread out the first one over a period of 19 days. The second one consumed five days.

In fact, the model for a quick dismissal is an impeachment you probably haven’t heard of: Former federal judge Samuel Kent in 2009.

The House impeached Kent in June 2009. But Kent stepped down before the Senate trial began. The House then adopted a resolution to halt its "prosecution" of Kent. The Senate then voted to dispense with the articles before conducting a trial.

So Kent’s circumstances are not exactly what will go down with Mayorkas. But Kent’s scenario of a quick dismissal is closer to what could unfold in the next few days compared to the more robust trials of former President Trump.

Mayorkas impeachment trial poised to pressure these vulnerable Senate Dems

Democrats up for re-election in battleground states face a bind in the Senate as the impeachment trial for Department of Homeland Security (DHS) Secretary Alejandro Mayorkas is expected to begin this month over his role in the ongoing crisis at the southern border.

Several Republican Senate sources told Fox News Digital they expect the pressure to ramp up for lawmakers such as Sens. Jon Tester, D-Mont., Jacky Rosen, D-Nev., Tammy Baldwin, D-Wis., Sherrod Brown, D-Ohio, and Bob Casey, D-Penn., who face competitive re-election races in November.

Voters in each of the senators' states have indicated strong concerns over the state of the border.

Republican senators recently accused Tester of being unwilling to vote on border or immigration-related amendments during negotiations over the $1.2 trillion spending package that caused a brief partial government shutdown before being passed last month. Tester's office denied the claims. 

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One senior Republican Senate source predicted Tester would be similarly pushed during the impeachment trial procedure: "He’ll have to go on the record with it. No way out," the source said. They noted that Brown would also be put to the test in the Mayorkas trial. 

A representative for Tester told Fox News Digital on Wednesday, "Senator Tester will review the articles when they are sent over to the Senate."

The House passed two articles of impeachment against Mayorkas in early February but held onto them until after the appropriations process finished. In a letter last week, House Speaker Mike Johnson, R-La., revealed his intention to deliver the articles to the Senate on April 10 and urged Senate Majority Leader Chuck Schumer, D-N.Y., to move quickly on a trial. 

When the articles are delivered, "all senators have to be sworn in as jurors and sign the book," a senior GOP source said. 

"We actually go into trial mode, but Schumer will put forward a vote to dismiss it," the source predicted.

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Schumer's office did not provide comment to Fox News Digital.

"Everything is simple majority," the source noted, meaning only 51 of the 100 senators are necessary to move forward with any action. 

While Senate Democrats have largely dismissed the charges against Mayorkas as meritless and political posturing, the lawmakers who are competing in close races in the general election may be influenced by the growing concern over the border among their constituents. In a March Fox News Poll, 41% of all registered voters agreed the situation at the southern border is an emergency. This included 65% of Republicans, 31% of independents and 20% of Democrats.

As a result, the vulnerable Democrat senators are certain to be met with attacks on the campaign trail from their Republican opponents, who will pose the question of their seriousness on the border crisis. In a February memo from National Republican Senatorial Committee political director Tim Edson that was obtained by Fox News Digital, Senate candidates were advised to hold their Democrat counterparts accountable.

"We cannot allow Senate Democrats to sweep the Biden Administration's failures at the southern border under the rug," it reads. "Democrats caused this crisis, and voting to acquit Mayorkas is a vote to allow the continued invasion of our country."

Tester's opponent, Republican Senate candidate Tim Sheehy, said in a statement that "the Senate should hold a full impeachment trial."

"Senator Jon Tester wants to avoid a trial and let Mayorkas off the hook because they BOTH support the radical Left’s push of open borders and letting illegal immigrants flood into America. We deserve accountability!" he continued.

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Representatives for Rosen, Baldwin, Brown and Casey did not provide comment to Fox News Digital.

"If Bob Casey is serious about securing the border, he'll urge Chuck Schumer to move this inquiry forward and hold them accountable," said Pennsylvania Republican Senate front-runner Dave McCormick in a statement to Fox News Digital.

Spokesperson Ben Voelkel for Wisconsin Republican Senate front-runner Eric Hovde said in a statement, "Sen. Baldwin needs to hold [Mayorkas] accountable. If she doesn't, Wisconsin voters will hold her accountable for her inaction."

"If Sherrod Brown cares about hardworking Ohioans who have been impacted by the border invasion and fentanyl crisis, he will hold Mayorkas accountable in the Senate trial," said Reagan McCarthy, spokesperson for Ohio Republican Senate candidate Bernie Moreno.

Sen. Joe Manchin, D-W.Va., who has occasionally been out of step with Democrats, appears likely to stick with his caucus in the likely case they look to dismiss the trial quickly. In February, he told Politico that the forthcoming impeachment was "Pure crap," adding that he wants "No trial at all."

Manchin's office referred Fox News Digital to his previous comment.

Republican strategist Brian Walsh, a former staffer for Sen. John Cornyn, R-Texas, said, "It highlights a huge political vulnerability for Democratic Senators like Jon Tester, Sherrod Brown and Bob Casey going into the 2024 election."

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They will be forced to "pick a side" between their base and "the majority of voters, including independents" who say the border is the most important problem in the country, Walsh added.

As the senators face a difficult decision, it's not clear that all Republicans will be on board to continue the trial. Each vote matters, given the Senate's narrow 49-51 split between Republicans and those in the Democrat caucus. 

Sen. Mitt Romney, R-Utah, criticized the idea of a trial in late February, writing on X, formerly known as Twitter, that it "might be great politics, but it’s not the remedy for bad policy & would set a terrible constitutional precedent."

Romney's office did not provide comment to Fox News Digital. 

Other concerns for the impeachment effort are Sens. Lisa Murkowski, R-Alaska, and Susan Collins, R-Maine, who have gone against the conference previously. Neither of their offices provided comment to Fox News Digital on the subject.

Meanwhile, Mayorkas is set to appear on Capitol Hill on April 10, the same day the articles of impeachment are expected to be delivered to the Senate, for an unrelated hearing before the House Appropriations Homeland Security Subcommittee regarding the department's fiscal 2025 request.

DHS did not provide comment to Fox News Digital.

Democratic leader has 2 words for Republicans looking to impeach Homeland Security Secretary Mayorkas

Democratic House Minority Leader Hakeem Jeffries, D-N.Y., shared a brief post on social media Thursday evening, criticizing Republicans who are pushing to impeach Homeland Security Secretary Alejandro Mayorkas.

"Extreme MAGA Republicans are demanding a full impeachment trial in the Senate," Jeffries wrote in a post on X. "They want to continue the phony political stunt targeting the Homeland Security Secretary."

He added: "My response? Get lost."

The post comes as the U.S. Senate is going to receive House-passed articles of impeachment against Mayorkas next month.

JOHNSON TO FORMALLY HAND MAYORKAS IMPEACHMENT ARTICLES TO SENATE, URGES TRIAL 'EXPEDITIOUSLY'

On Thursday, House Speaker Mike Johnson, R-La., notified Senate Majority Leader Chuck Schumer, D-N.Y., that the House of Representatives would formally send over the impeachment articles to his chamber on April 10.

In his letter to Schumer, Johnson urged him to hold an impeachment trial "expeditiously."

"As Speaker and impeachment managers of the U.S. House of Representatives, we write to inform you that we will present to you upon the Senate’s return, on April 10, 2024, the duly passed articles of impeachment regarding Department of Homeland Security Secretary Alejandro Mayorkas. We urge you to schedule a trial of the matter expeditiously," Johnson wrote.

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In February, all but three House Republicans voted to impeach Mayorkas over his handling, or mishandling as Republican content, of the U.S. southern border. It was the first time since 1876 that a cabinet secretary had been impeached.

Schumer‘s office told Fox News Digital that the Senate would initiate the impeachment trial once it receives the impeachment articles.

"As we have said previously, after the House impeachment managers present the articles of impeachment to the Senate, senators will be sworn in as jurors in the trial the next day. Senate President Pro Tempore Patty Murray will preside."

The trial is highly unlikely to result in a conviction.

Fox News' Elizabeth Elkind and Julia Johnson contributed to this report.

Johnson to formally hand Mayorkas impeachment articles to Senate, urges trial ‘expeditiously’

The Senate is going to receive articles of impeachment against Homeland Security Secretary Alejandro Mayorkas next month, House Speaker Mike Johnson, R-La., told Senate Majority Leader Chuck Schumer, D-N.Y., on Thursday.

Johnson sent a letter to Schumer informing him that House impeachment managers will send the impeachment articles to his chamber on April 10, and urged him to hold a trial "expeditiously."

"As Speaker and impeachment managers of the U.S. House of Representatives, we write to inform you that we will present to you upon the Senate’s return, on April 10, 2024, the duly passed articles of impeachment regarding Department of Homeland Security Secretary Alejandro Mayorkas. We urge you to schedule a trial of the matter expeditiously," Johnson wrote alongside the 11 Republicans selected as impeachment managers.

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The House impeached Mayorkas last month on two counts, accusing him of failing to comply with and enforce existing law, along with a breach of public trust.

"Throughout his tenure, he has repeatedly lied to Congress and the American people about the scope of the crisis and his role in it. His unlawful actions are responsible for the historic crisis that has devastated communities throughout our country, from the smallest border town in Texas to New York City," Johnson wrote. "The constitutional grounds for Secretary Mayorkas’ conviction and removal from office are well-founded, and the historical record is clear."

Once the articles are formally handed off, the Senate must act on them swiftly. 

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Schumer has not said what he would do, but his public criticism of the impeachment effort suggests it's very possible that he'll move to dismiss the trial. A simple 51-vote majority would be needed for that to occur.

Senate Republicans, on the other hand, have called for Schumer to go through with the proceedings – though it's highly unlikely it will result in a conviction.

"The Senate should conduct an impeachment trial of Secretary Mayorkas and examine the full extent of this crisis in front of the American people," Senate Minority Whip John Thune, R-S.D., said publicly earlier this month.

All but three House Republicans voted to impeach Mayorkas last month over his handling of the U.S. southern border. It was the first time since 1876 that a cabinet secretary had been impeached. 

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House GOP leaders delayed sending the articles over to the Senate for several weeks, however, amid intense negotiations over how to fund the government for the remainder of fiscal year 2024.

Johnson confronted questions about the delay during the House GOP's annual retreat earlier this month, telling reporters, "The reason for it is because we're in the middle of funding the government in the appropriations process, and the way the procedure works is, once the articles of impeachment are transmitted to the Senate, they have a short window within which to process them. So we didn't want to interrupt the Senate and their floor time and their deliberation on appropriations, because we would risk shutting the government down."

GOP hope for Mayorkas impeachment trial dims as Senate Dems look for quick dismissal

As the Senate waits for the House to deliver its articles of impeachment against Homeland Security Secretary Alejandro Mayorkas, multiple Democrats expressed their expectation to Fox News Digital that they will be dismissed quickly, and a full trial will not play out. 

Sen. Mark Kelly, D-Ariz., told Fox News Digital he "of course" thinks his fellow Democratic colleagues will move to table the articles when they are officially delivered to the Senate and lawmakers are sworn in to be jurors. 

"It's entirely political," he said. "They've never shown any evidence of any kind of impeachable offense and then impeached him in the House anyway. It's ridiculous."

During the House Republicans' retreat this week, House Speaker Mike Johnson, R-La., revealed, "We've not sent it over yet. And the very simple answer for that, and the reason for it, is because we're in the middle of funding the government in the appropriations process."

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He noted that there is a small window in which the Senate will be required to process the articles, and "we didn't want to interrupt the Senate and their floor time and their deliberation on appropriations, because we've risked shutting the government down."

According to Johnson, they will be delivered in "due course."

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In a narrow second attempt at impeaching Mayorkas last month, the House was successful. By a vote of 214-213, two articles of impeachment were approved against the DHS secretary. One accused him of having "refused to comply with Federal immigration laws" and the other of having violated "public trust."

Reps. Mike Gallagher, R-Wis.; Ken Buck, R-Colo.; and Tom McClintock, R-Calif., voted against the impeachment. 

The first attempt to pass the articles was brought down by four Republican defections, one of which was a procedural move by Rep. Blake Moore, R-Utah, which allowed the resolution to be brought back to the floor. 

"I expect it will be dismissed" by the Democratic caucus, Sen. Jon Ossoff, D-Ga., told Fox News Digital.

Sen. Bob Casey, D-Pa., similarly shared that he is hoping for a "quick dismissal."

Also urging the Senate to get past the impeachment articles, Sen. Tom Carper, D-Del., said, "Let's turn the page and move on and deal with the problems and challenges that we face," calling the impeachment both "nonsense" and "shameful behavior."

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Democrats are in the majority in the Senate and will ultimately decide how the body moves forward once the articles are delivered. And since it would only require a simple majority to table the impeachment, the upper chamber may opt to do so. 

Their Republican counterparts signaled an expectation that Democrats will move to table the articles. 

"I assume the Democrats will try and table it," said Republican Whip John Thune, R-S.D., who added his conference will do "everything we can to get them to conduct a trial."

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Sen. Shelley Moore Capito, R-W.Va., said she has heard "rumors" that Democrats were interested in tabling it. "I don't expect a full trial to happen at this point," she said. "But I think it should."

For many Democratic senators, it just isn't on their radar. The Senate is notably working on several issues, including federal nominations; aid to Ukraine and Israel; Foreign Intelligence Surveillance Act reform; Federal Aviation Administration re-authorization; and appropriations, with a March 22 deadline coming up for the last slate of funding bills. 

"I haven't given virtually any thought to the political charade around Secretary Mayorkas, so that's just not been high on my radar screen," said Sen. Mark Warner, D-Va., who explained that "serious issues" surrounding China and Ukraine are taking precedence. 

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"Who gives a s---?" said Sen. John Fetterman, D-Pa. He added that the Mayorkas impeachment would not be the last of the "dumb s---" that House Republicans have done. 

However, Sens. Catherine Cortez Masto, D-Nev., and Ben Cardin, D-Md., emphasized the importance of their status as jurors in the matter of the DHS secretary's impeachment. 

"As an impartial juror on all of the above, I've always been the same with any type of impeachment that I'm not going to predetermine or have any bias towards what's going to happen," said Cortez Masto. 

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Cardin echoed, "I've always taken the position as a juror, I shouldn't talk about that publicly." The senator noted, however, that he has "pretty strong views," adding that reporters could probably guess them. 

DHS did not provide comment on the Senate's procedure for the articles of impeachment to Fox News Digital. 

Following the House's vote last month, DHS spokesperson Mia Ehrenberg said in a statement, "House Republicans will be remembered by history for trampling on the Constitution for political gain rather than working to solve the serious challenges at our border." 

"Without a shred of evidence or legitimate Constitutional grounds, and despite bipartisan opposition, House Republicans have falsely smeared a dedicated public servant who has spent more than 20 years enforcing our laws and serving our country," she continued. 

Despite several Senate Republicans criticizing the House's attempt to impeach Mayorkas, many Republicans have changed their tune and expressed their interest in the Senate holding a full trial.

Fox News Digital's Liz Elkind contributed to this report.

Texas rep wants to force sanctuary cities to cooperate with ICE, urges Biden to take ‘aggressive action’

FIRST ON FOX: Texas Republican Rep. Tony Gonzales wants to ramp up pressure on "sanctuary" jurisdictions that refuse to cooperate with Immigration and Customs Enforcement (ICE) in deporting illegal immigrants – and he is urging the Biden administration to take "aggressive action" to help.

Gonzales, in an interview with Fox News Digital, highlighted the emergence of Tren De Aragua, a violent Venezuelan street gang that federal authorities have warned has expanded into other countries and is trying to establish itself in the U.S. The Texas congressman called it "essentially the new MS-13."

"They’re going to be entrenched in all our cities, and so it doesn't make sense to me, if you're a sanctuary city, that you should not be working with law enforcement to keep your city safe. That's what it boils down to – to keep your city safe," Gonzales said. 

BLOODTHIRSTY VENEZUELAN GANG TREN DE ARAGUA SETS UP SHOP IN US AS BORDER AUTHORITIES SOUND ALARM 

"Sanctuary" jurisdictions are those that, as a policy, do not honor ICE detainers. When ICE believes a removable illegal immigrant has been arrested on criminal charges, it will lodge a detainer – a request that they be notified before the immigrant is released from custody and to keep them in custody until ICE can take custody of them. Proponents of sanctuary policies argue that enforcing federal law is not the responsibility of local jurisdictions and that working with ICE has a chilling effect on relations between people seeking asylum and members of the local community.

But such policies have recently been brought under heightened scrutiny after a number of high-profile incidents where jurisdictions ignored ICE detainers and released illegal immigrants, only for them to subsequently commit serious crimes. Gonzales, who recently spoke to acting ICE Director Patrick Lechleitner, sits on the House Appropriations Committee and said his team is working on items that can empower ICE and also limit sanctuary cities.

"If you really want to move the needle, put money behind it," he said. "Appropriations is where you do that. So that is one of the things that our team is looking at.

"I want to empower ICE to go out there and catch these bad actors," he said. "This is no longer a partisan issue. I think there's a lot of fertile ground for you to get people to agree on it."

Along with more funding for ICE, Gonzales said he was tying federal grants to cooperation with ICE – something the Trump administration implemented with certain DOJ grants. However, he also floated something even stronger – a mandate for that cooperation with ICE.

ILLEGAL BROTHER OF LAKEN RILEY MURDER SUSPECT LINKED TO VENEZUELAN CRIME GANG: DOJ

"I think one of the things that we can solve is getting these sanctuary cities to not be an option, that they work with federal agencies, for there to be a mandate," he said. "Like, ‘Here's the deal. You will work with federal agencies to… tackle these bad actors and keep your city safe.’"

In the meantime, Gonzales is leading a letter to the White House and the Department of Homeland Security. That letter, a copy of which was obtained by Fox News Digital, carries the signatures of nearly two dozen Republicans and says sanctuary policies pose a "direct threat" to public safety.

WHITE HOUSE CALLS FOR SANCTUARY CITIES TO COOPERATE WITH ICE AMID FUROR OVER ILLEGAL IMMIGRANT CRIMES

"We are asking you to take aggressive action to end the abuse of our nation’s border laws and discourage sanctuary cities from providing safe harbor to violent criminals who have entered our country illegally," it reads.

While Republicans and the administration have been at loggerheads over immigration policy, there may be some common ground. 

Lechleitner recently told Fox News that such jurisdictions are "inherently more unsafe."

"It is a concern, and I’m very baffled by it," he said.

Homeland Security Secretary Alejandro Mayorkas told mayors in 2022 that he would be seeking to persuade leaders to change their policies.

"We are not engaged in indiscriminate enforcement, but we are focused on making our communities safe and allowing those who have been contributors to it and productive members of it, to allow them to continue in their contributions and their productivity," he told the U.S. Conference of Mayors in 2022.

"And so, I will be coming to you and asking you to reconsider your position of non-cooperation and see how we can work together."

The White House, in a statement to Fox News Digital last month, said it welcomes local law enforcement cooperation "in apprehending and removing individuals who pose a risk to national security or public safety."

"When a local jurisdiction has information about an individual who could pose a threat to public safety, we want them to share that information with ICE," a spokesperson said.

The Republican lawmakers cited that statement as they continue to urge the administration to crack down on sanctuary jurisdictions.

"We urge you to act on these demands and ensure that sanctuary cities cooperate – our national security depends on it," the letter reads. Fox reached out to the White House and DHS for comment regarding the letter but did not hear back at press time. 

Gonzales also noted that any moves to crack down on sanctuary jurisdictions could be helpful to a future Trump administration.

He said: "Even though he's going to implement all these new policies, there needs to be a buildup ahead of time... And I think there's an opportunity here to do that through the appropriations process by punishing those sanctuary cities that aren’t cooperating and rewarding ICE that is actually… getting back to doing their job."

Johnson’s State of the Union guests include mother of woman allegedly killed by MS-13 gang member

FIRST ON FOX: Speaker Mike Johnson’s guests at the State of the Union on Thursday will include a mother who lost her son to a pill laced with fentanyl and the mother of a Maryland woman who was raped and murdered in 2022, allegedly by an MS-13 gang member.

Johnson, R-La., has invited Tammy Nobles, whose 20-year-old daughter Kayla Hamilton was killed in her mobile home in 2022, to the Thursday address by President Biden. He has also invited Stefanie Turner, who formed Texas Against Fentanyl after her son Tucker was killed by an illicit Percocet pill.

"President Biden’s open-border catastrophe is undermining the safety of our communities and ripping families apart," Johnson said in a statement to Fox News Digital. "Tammy Nobles and Stefanie Turner are two of the many parents who’ve experienced the devastating effects of the catastrophe at our border, having tragically lost their children to criminal aliens and fentanyl, which is pouring through our borders."

HOUSE JUDICIARY REPORT FAULTS BIDEN ADMIN FOR RELEASE OF ALLEGED MS-13 GANG MEMBER NOW CHARGED WITH MURDER 

The ongoing border crisis has become a top political issue in the days leading up to the address, with Biden expected to renew his calls for the Senate to pass a border agreement unveiled earlier this year. Republicans have blamed the crisis on the policies of the administration.

"I’m honored to be hosting Tammy and Stefanie at the State of the Union, as we fight for a secure border and to hold President Biden accountable for his failure to protect this country and the American people," Johnson said.

Nobles testified in the impeachment hearings of Homeland Security Secretary Alejandro Mayorkas, citing her daughter’s murder as a consequence of the crisis at the border. In 2023, police arrested an El Salvadoran 17-year-old who authorities said is linked to the MS-13 street gang and who was released into the U.S. in 2022 into the custody of his aunt after being encountered at the border.

"I’m honored to be a guest of Speaker Mike Johnson at the State of the Union. I am so glad that my efforts to share Kayla's story and bring awareness to what is happening at the border are being recognized," Nobles said in a statement. "I will continue fighting and demanding accountability for what is happening at the border. I hope positive changes will occur in the future to save many lives. Something must change."

BIDEN, DURING VISIT TO OVERWHELMED BORDER, URGES REPUBLICANS TO BACK SENATE BILL: ‘TIME TO ACT’ 

Turner described fentanyl, which can be fatal in tiny doses and is primarily made in Mexico and smuggled across the U.S. border, as a "clandestine killer."

"While I carry the pain of losing my only son, Tucker, I also represent all the families who have to learn to live life again after the death of their loved one. It is absolutely heartbreaking. We are so disgusted that more is not being done to stop this war on the American people. We have had enough," she said in a statement. "We must do more to educate our youth and communities!"

Republicans have tied the three-year crisis to the policies of the administration, including narrowed interior enforcement, catch-and-release and a reversal of Trump-era policies.

Biden, who last week visited the border in Brownsville, Texas, has said Congress needs to pass reforms and provide more funding. He has backed a bipartisan Senate bill, which has failed to drum up enough support to pass. 

DUELING BIDEN, TRUMP VISITS TO BESIEGED BORDER COME AMID FRESH SLEW OF VIOLENT CRIMES BY ILLEGAL IMMIGRANTS

The deal includes $1.4 billion in funding to cities and NGOs receiving migrants, action to tackle fentanyl smuggling and a limit on asylum claims. It would also increase detention beds to 50,000 and provide additional immigration judges. However, conservatives have opposed it, saying it is insufficient and that it would normalize high levels of illegal immigration. House Republicans have called for the passage of the GOP border legislation passed in the House last year, instead.

But Biden said it was "time to act."

"Folks, the bipartisan border security bill is a win for the American people and a win for the people of Texas, and it's fair for those who legitimately have a right to come here," Biden said.

"The U.S. Senate needs to reconsider this bill and those senators who oppose it need to set politics aside and pass it on the merits, not on whether it's going to benefit one party or another party," he said, also calling for Johnson to put it on the floor in the House.

The White House told Fox News Digital when reached for comment Tuesday, "Speaker Johnson is making the case for the toughest bipartisan border security deal in modern history, which [the] President worked with Republicans and Democrats to deliver, but the Speaker is obstructing. Instead of choosing fentanyl traffickers, human smugglers, and Donald Trump over the Border Patrol and America’s national security, Speaker Johnson should join President Biden in supporting the safety of our communities."