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. 

CLICK HERE FOR MORE IMMIGRATION COVERAGE

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. 

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"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.

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"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.

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"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."

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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."

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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. 

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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."

Senate Republicans warm up to Mayorkas impeachment trial over border concerns

Senate Republicans are coming out in favor of holding a trial for Homeland Security Secretary Alejandro Mayorkas, who was impeached by the House over his actions and guidance regarding the southern border and illegal immigration more than two weeks ago.

A growing list of Republican senators — not confined to hard-line conservatives — have voiced their support for a full impeachment trial for Mayorkas after the Republican-controlled House approved articles this month.

Initially, several Republican senators predicted doom for the House's impeachment effort in the Senate.

Though Sen. Mitt Romney, R-Utah, said he believes Mayorkas to be responsible for enforcing President Biden's "disastrous immigration policies," he isn't in favor of a trial in the upper chamber. "An impeachment trial might be great politics, but it’s not the remedy for bad policy and would set a terrible constitutional precedent," he wrote recently on X, the platform formerly known as Twitter.

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Sen. James Lankford, R-Okla., recently told reporters that "It'll fail in the Senate."

"If I could use the House term: It'll be dead on arrival when it comes over," he said. 

Sen. Kevin Cramer, R-N.D., didn't hold back from criticizing his House counterparts over the effort. He told Axios the impeachment was "the worst, dumbest exercise and use of time."

However, in the weeks following the House's vote, more Republican senators have emerged in favor of a trial into Mayorkas' impeachment. Those in support of a trial are not solely members of the more hard-line faction of the Senate GOP, demonstrating a somewhat unified Republican stance.

Last week, a group of Republican senators led by Sen. Mike Lee, R-Utah, called on Minority Leader Mitch McConnell, R-Ky., to "demand" a Senate trial. It was conveyed in a letter signed by Sens. Ted Cruz, R-Texas, Eric Schmitt, R-Mo., Rick Scott, R-Fla., Ron Johnson, R-Wis., JD Vance, R-Ohio, Roger Marshall, R-Kan., Josh Hawley, R-Mo., Mike Braun, R-Ind., Tommy Tuberville, R-Ala., Ted Budd, R-N.C., Cynthia Lummis, R-Wyo., and Marsha Blackburn, R-Tenn.

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To the surprise of some, both McConnell and Minority Whip John Thune, R-S.D., each professed their support for a trial Tuesday. Citing the House's move to impeach Mayorkas, Thune said during a press conference, "That issue will come before the United States Senate. I believe the Senate needs to hold a trial."

McConnell later told reporters a trial is "the best way forward."

Sens. Katie Britt, R-Ala., John Kennedy, R-La., Shelley Moore Capito, R-W.Va., and Steve Daines, R-Mont., have also since told Fox News Digital they support an impeachment trial. 

"The Senate should fulfill its constitutional charge and hold a proper trial in full view of the public," said Britt.

Sen. John Cornyn, R-Texas, reiterated his belief that his House colleagues were right to impeach Mayorkas, and he went as far as saying Mayorkas "should be impeached because he lied under oath by saying the border is secure."

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As for Sen. James Risch, R-Idaho, his office did not clarify his support for a trial but said he plans to serve as a juror and withhold his judgment until its completion. 

The Department of Homeland Security declined to comment on these developments, referring Fox News Digital to its earlier statement regarding the House's impeachment vote. 

"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," wrote Mia Ehrenberg, DHS spokesperson. 

"While Secretary Mayorkas was helping a group of Republican and Democratic Senators develop bipartisan solutions to strengthen border security and get needed resources for enforcement, House Republicans have wasted months with this baseless, unconstitutional impeachment," she continued.

Despite the expanding GOP support for a trial, any such effort is expected to fail because it would require a two-thirds Senate majority to convict and remove Mayorkas from his post. Republicans are in the minority in the Senate and members of the conference have already joined Democrats in criticizing the House for the impeachment, making hopes for a conviction and removal dim.

After procedural requirements of the impeachment process take place, including delivery and reading of the articles to the Senate by selected House managers, the swearing in of senators as jurors and the issuing of a summons to Mayorkas, the Senate is expected to decide how to move forward. Only a simple majority is required to dismiss the trial, which could be sought by Democrats, who have an advantage over Republicans, 51-49, as the three independent senators each caucus with the Senate Democrats.

Schumer hasn't said whether he would be supportive of cutting a trial short with a motion to dismiss, and his office did not immediately respond to Fox News Digital.

Growing frustration among Mayorkas impeachment managers about not starting a trial

There is growing frustration among the 11 House impeachment managers about when they will present their articles to the Senate in the case of Homeland Security Secretary Alejandro Mayorkas. 

House managers serve as "prosecutors" and argue the impeachment case before the Senate

One impeachment manager told Fox they had been given "no clear guidance" about the roles they might play or when the House may even transmit the articles to the Senate. 

Fox was told the earliest the Senate could begin a trial is Wednesday. However, the decision lies at the feet of House Speaker Mike Johnson (R-LA). 

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Some House Republicans – and some impeachment managers – are itching to get started, but that could backfire without preparation.

Fox was told two weeks ago that House impeachment managers believed they might meet late last week to prep and organize – even doing "mock trial" sessions. Democrats who were impeachment managers conducted such dry runs in late 2019 and early 2020 ahead of the first impeachment trial of former President Trump. However, such sessions never materialized, although there were conversations among chiefs of staff for the impeachment managers.

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"We hoped to get clarity on the next steps two weeks ago, if not the end of last week," said one frustrated manager. 

There has been some chatter that the House might not even send over the impeachment articles until the issue of two looming government shutdowns subsides.

Managers expressed concern about how they should prepare or if the managers would be assigned "subject lanes" to argue before the Senate.

One manager feared that House leaders might want to send over the articles promptly, initiating a trial without any preparation. The manager worried how that would look if Senate Majority Leader Chuck Schumer (D-NY) decides to give impeachment managers some latitude and present their arguments. 

"We might fall on our face," said one manager.

2 House members from Florida missed Mayorkas’ impeachment vote over massive Palm Beach flight delays

Two U.S. House members from Florida missed the vote Tuesday that secured Homeland Security Secretary Alejandro Mayorkas' impeachment due to massive flight delays. 

Rep. Brian Mast, R-Fla., said he would vote to impeach Mayorkas, while Rep. Lois Frankel, D-Fla., fully expected to vote against impeaching the Biden Cabinet official, yet both members of Congress failed to get back to Washington, D.C., in time due to massive delays at Palm Beach International Airport. 

Mast shared a video to X from the airport "on about hour nine of waiting for a flight with a broken circuit board." 

"Hoping to get off the ground soon, but they did just call votes in the House of Representatives as they normally do at this time, and it looks like I’m going to miss the vote to impeach Mayorkas," he said. "I was there for the first one – absolutely voted to do that – but it looks like I’m going to miss this one." 

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"There’s a couple other Palm Beach reps here as well. Lois Frankel is here in the airport sitting back there behind me," Mast said, showing the seating area next to the flight gate. "A few other representatives from this area that are going to miss it as well. But that is how I would be definitely doing that had I been there – there went Lois walking behind me."   

In the post itself, Mast wrote, "Not only is Secretary Mayorkas horrible at his job, he is willfully refusing to do it. Thankfully, despite mechanical failures on my flight, we still had enough votes to impeach him tonight. He has abandoned the trust of the American people, and he deserves to be impeached."

Frankel also confirmed the flight delay in a statement of her own. 

"Unfortunately, my flight from Palm Beach to Washington was severely delayed today. I waited at the airport for eight hours, which caused me, along with a Republican colleague on the same flight, to miss the vote. Had I been present, I would have voted no, as I did last week," Frankel said. "House Republicans’ vote to impeach Secretary Mayorkas despite having no evidence of wrongdoing was a shameful political stunt that does nothing to fix our broken immigration system." 

The House of Representatives voted Tuesday to impeach Mayorkas over his handling of the border crisis – by just one vote. 

The 214-213 vote historically made Mayorkas the first ever sitting U.S. Cabinet official to be impeached. It was nearly 150 years ago that President Ulysses S. Grant’s secretary of war, William Belknap, resigned before the House approved articles of impeachment against him over a kickback scheme in government contracts. The Senate acquitted Belknap that same year, 1876. 

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The charges against Mayorkas next go to the Senate for a trial, but neither Democratic nor even some Republican senators have shown interest in the matter, and it may be indefinitely shelved to a committee, according to The Associated Press. The Senate is expected to receive the articles of impeachment from the House after returning to session Feb. 26. 

It was House Republicans' second attempt to impeach Mayorkas after a vote failed last week. 

Three House Republicans who broke ranks last week over the Mayorkas impeachment – Ken Buck of Colorado, Mike Gallagher of Wisconsin and Tom McClintock of California – all did so again Tuesday. With a 219-212 majority, House Speaker Mike Johnson, R-La., had few votes to spare. His margin got even smaller later Tuesday night when New York Democrat Thomas Suozzi won a special election to the seat once held by Republican George Santos before his expulsion from Congress.

In a dramatic development the first time around, Rep. Al Green, D-Texas, left the hospital bed where he was recovering from surgery to cast his "no" vote against Mayorkas' impeachment. 

Joining the three Republican defectors, Rep. Blake Moore, R-Utah, switched his vote to "no" at the last minute – a procedural move to be able to bring the resolution back to the floor. 

The Associated Press contributed to this report.

House Republican who oversaw Mayorkas impeachment won’t run for re-election

House Homeland Security Chair, Rep. Mark Green, R-Tenn., announced Wednesday he will not run for re-election, citing Alejandro Mayorkas' impeachment as a reason to retire from Congress and return to his home district after serving three terms in Washington, D.C.

"At the start of the 118th Congress, I promised my constituents to pass legislation to secure our borders and to hold Secretary Mayorkas accountable. Today, with the House having passed H.R. 2 and Secretary Mayorkas impeached, it is time for me to return home," Green said in a statement. "In the last few months, in reading the writings of our Framers, I was reminded of their intent for representatives to be citizen-legislators, to serve for a season and then return home. Our country – and our Congress – is broken beyond most means of repair. I have come to realize our fight is not here within Washington, our fight is with Washington."

"As I have done my entire life, I will continue serving this country – but in a new capacity," Green continued Wednesday, not disclosing if he will run again for governor in 2026, where the seat will up for grabs because Republican Gov. Bill Lee is prohibited from running under Tennessee’s gubernatorial term limits.

"I am grateful to my wife, Camie, and my family, for standing beside me and for their service to our nation," he continued, announcing his retirement. 

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"During my time in the Army, they sacrificed dad and husband to multiple deployments – and as I have served here in Congress, they have supported me as I’ve been away most weeks," he said. "I also want to thank the constituents of Tennessee’s 7th District for the unbelievable honor to serve them in Congress – whose vote of confidence was not only evident in the wide margins in each election, but also without ever having a single primary opponent in my three elections. And finally, I want to thank my staff, whose unmatched hard work, dedication, and talent have resulted in our many victories and one of the lowest turnover rates in Congress."

Green is the fifth Republican committee chair to forgo re-election. The others are House Appropriations Committee Chair Kay Granger, R-Texas, Energy and Commerce Committee Chair Cathy McMorris Rodgers, R-Wash., Financial Services Committee Chair Patrick T. McHenry, R-N.C., and House Select Committee on China Chair Mike Gallagher, R-Wis. 

Gallagher was one of just three Republican House members to vote against the impeachment of Mayorkas, joining with all House Democrats and preventing an initial measure from going forward. After that bid failed, a second attempt succeeded Tuesday, making Mayorkas the first Cabinet secretary to be impeached since 1876.

As chairman of the Committee on Homeland Security, Green spearheaded a months-long investigation of Mayorkas, his policies and his management of the department, ultimately concluding Tuesday that his conduct in office amounted to "high crimes and misdemeanors" worthy of impeachment. 

At the beginning of the 118th Congress, Green was selected as Chairman of the House Committee on Homeland Security, becoming the only member of Congress to be selected at the start of his or her third term to chair a major legislative committee this century, his office said. 

Green previously served as an Army surgeon and in the state Senate and is from Montgomery County. 

USER’S MANUAL TO WHAT’S NEXT NOW THAT THE HOUSE IMPEACHED MAYORKAS

Green flirted with running for governor in 2017, but suspended his campaign after he was nominated by former President Trump to become the Army secretary. He later withdrew his nomination amid criticism over his remarks about Muslims and LGBTQ+ Americans, including saying that being transgender is a disease, according to the Associated Press. He also urged that a stand be taken against "the indoctrination of Islam" in public schools and referred to a "Muslim horde" that invaded Constantinople hundreds of years ago.

After winning his congressional seat in 2018, Green once again made headlines after hosting a town hall where he stated that vaccines cause autism. He later walked back his comments. 

Last April, the Trump campaign announced Green would be a part of the Trump 2024 Tennessee Federal Leadership team. 

In 2022, Green's middle Tennessee congressional seat was among seats that Republicans drastically carved up during redistricting. The 7th Congressional District was redrawn to include a significant portion of Nashville. The congressional map is now facing a federal lawsuit, but that case is not scheduled to go to trial until April 2025.

The GOP primary to replace Green is on Aug. 1, and candidates have primary ballot acces until the April 4 deadline, according to the Federal Elections Commission. So far on the Republican side, Caleb Stack has pulled petitions to run for the congressional district Green will vacate at the end of his term. 

In a brazen attempt at a political comeback, former Nashville Mayor Megan Barry, who stepped down about five years ago amid now-dismissed criminal charges linked to her using taxpayer dollars to carry on an extramarital affair with her city-employed bodyguard, announced in December that she would run for Green's U.S. House seat as a Democrat. 

"I expect candidates who agree with Mark Green or are even more extreme will announce campaigns, and I look forward to taking on whoever makes it through that primary," Barry said in a statement.

The Associated Press contributed to this report. 

3 Republicans vote against impeaching DHS Secretary Mayorkas

Three Republican lawmakers voted against impeaching Secretary of Homeland Security Alejandro Mayorkas Tuesday night as the House of Representatives successfully impeached the border chief over his mishandling of the illegal immigration crisis at the U.S.-Mexico border.

Reps. Mike Gallagher, R-Wis., Ken Buck, R-Colo., and Tom McClintock, R-Calif., bucked their party to side with Democrats in opposing Mayorkas' impeachment.

This is the first time a Cabinet secretary has been impeached by the U.S. Congress since 1876.

The 214-213 vote comes after Mayorkas narrowly defeated impeachment last week when every House Democrat showed up to protect him, including Rep. Al Green, D-Texas, who temporarily left the hospital where he was recovering from surgery to cast his vote.

HOUSE VOTES TO IMPEACH DHS SECRETARY MAYORKAS OVER BORDER CRISIS

House Republicans have accused Mayorkas of ignoring existing immigration law and worsening the situation at the Southern Border.

The three Republicans who voted against impeachment on Tuesday have criticized Mayorkas' handling of the border but expressed reservations over whether it rose to the level of impeachment. McClintock warned it could set a precedent for political impeachments that could harm Republican officials in the future.

"Swapping one leftist for another is a fantasy, solves nothing, excuses Biden’s culpability, and unconstitutionally expands impeachment that someday will bite Republicans," McClintock said last week.

But House Speaker Mike Johnson, R-La., pushed back on concerns about precedent when speaking to reporters hours before the vote on Tuesday.

"Mayorkas is an exceptional case in U.S. history," Johnson said, adding that the secretary has done more "damage on the country than any Cabinet secretary that's ever been."

Johnson also spoke about the likely scenario that the impeachment would go nowhere in the Democrat-controlled Senate.

"The House has a constitutional responsibility, as I've said many times. It's probably the heaviest next to a declaration of war. And we have to do our job regardless of what the other chamber does," he said.

HOUSE FAILS TO IMPEACH DHS SECRETARY ALEJANDRO MAYORKAS IN MAJOR BLOW TO GOP

Two impeachment articles were approved against Mayorkas by the House Homeland Security Committee: one alleging he "refused to comply with Federal immigration laws" and the other alleging he violated "public trust."

The Department of Homeland Security criticized House Republicans for holding a second Mayorkas impeachment vote on Tuesday, pointing to comments by GOP lawmakers who have called the effort a waste of time.

"House Republicans' baseless push to impeach Secretary Mayorkas has already failed once, with bipartisan opposition," the department said. "If Members of Congress care about our national security, they should listen to their fellow Republicans and stop wasting time on this pointless, unconstitutional impeachment – time that could be spent addressing the issue by advancing bipartisan legislation to fix our broken immigration laws and provide needed resources for border security."

A DHS spokesperson said 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."

"While Secretary Mayorkas was helping a group of Republican and Democratic Senators develop bipartisan solutions to strengthen border security and get needed resources for enforcement, House Republicans have wasted months with this baseless, unconstitutional impeachment," the spokesperson said.

"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," the spokesperson added. "Secretary Mayorkas and the Department of Homeland Security will continue working every day to keep Americans safe."

President Biden said, "history will not look kindly on House Republicans for their blatant act of unconstitutional partisanship that has targeted an honorable public servant in order to play petty political games."

"This impeachment already failed on a bipartisan vote," Biden said. "Instead of staging political stunts like this, Republicans with genuine concerns about the border should want Congress to deliver more border resources and stronger border security."

The articles will now head to the Senate, where the office of Majority Leader Chuck Schumer, D-N.Y., said Mayorkas' impeachment trial will begin later this month.

"The House impeachment managers will present the articles of impeachment to the Senate following the state work period," Schumer's office said in a statement. "Senators will be sworn in as jurors in the trial the next day. Senate President Pro Tempore Patty Murray will preside."

Fox News' Elizabeth Elkind and Bradford Betz contributed to this report.

User’s Manual to what’s next now that the House impeached Mayorkas

The House has now impeached Homeland Security Secretary Alejandro Mayorkas.

Think of impeachment as an indictment. It’s up to the Senate to act as a "court" and judge whether the accused is guilty of the charges in a trial.

The impeachment of cabinet officials is rare. The House has now impeached multiple Presidents and federal judges. But only one cabinet secretary prior to Mayorkas. That was Secretary of War William Belknap in 1876. 

Don’t expect anything to start until late February or early March. The House will send the articles of impeachment plus the House "managers" over to the Senate to formally begin the trial.

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"Impeachment managers" are House members who serve as prosecutors. They present the findings of the House before the Senate. Senators sit as jurors.

There is a bit of a ceremony to send the articles of impeachment to the Senate from the House and for the Senate to receive the articles. In this case, Acting Clerk of the House Kevin McCumber and House Sergeant at Arms William McFarland escort the articles of impeachment and House managers across the Capitol Rotunda to the Senate. The Senate gathers, usually with all senators sitting at their desks. Senate Sergeant at Arms Karen Gibson then receives the House entourage at the Senate door and reads the following proclamation to the Senate.

"All persons are commanded to keep silence, on pain of imprisonment, while the House of Representatives is exhibiting to the Senate of the United States articles of impeachment against Alejandro Nicholas Mayorkas."

The articles are then presented to the Senate and the managers are introduced. That is all they usually do on the first day of a Senate trial– although FOX was told the Senate might try to squeeze everything into one day.

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Under Senate impeachment trial rule III, the body is supposed to wait until the next day to swear-in senators as jurors. But FOX is told that could happen on day one in this instance.

According to Senate rules, the trial must begin the day after the Senate receives the articles at 1 pm in the afternoon. Trials are supposed to run Monday through Saturday. We had Saturday sessions in both impeachment trials of former President Trump in 2020 and 2021.

It is unlikely that U.S. Chief Justice John Roberts presides over a possible Mayorkas trial. Senate impeachment rule IV requires the Chief Justice to preside over cases involving the President or Vice President. In this case, it’s likely that Senate President Pro Tempore Patty Murray (D-Wash.) presides over a Mayorkas tribunal.

Now we get to perhaps the most interesting question of all. How much of a trial is there? 

The Senate cannot immediately bypass a trial. Senate Majority Leader Chuck Schumer (D-N.Y.) has announced that Mayorkas' trial will begin later in February. The House has named its 11 impeachment managers. Senators will be sworn in as the jury.

Senators can decide to hold a full trial, or potentially, move to dismiss or actually have straight, up or down votes on convicting or exonerating Mayorkas. The Senate could also send the articles to a committee for review.

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In the 1998 impeachment trial of former President Clinton, late Sen. Robert Byrd (D-W.Va.) made a motion to dismiss the charges.

There will eventually be either a vote to convict/exonerate Mayorkas or dismiss the charges. Senate Republicans will watch very closely if Senate Democrats engineer any vote to short-circuit the trial. The GOP will take note of how multiple vulnerable Democrats facing competitive re-election bids in battleground districts vote.

If they vote to end the trial or clear Mayorkas, Republicans will likely enroll that into their campaigns against those Democratic senators. Keep in mind that FOX polling data revealed that border security was the number one issue facing voters in Iowa and New Hampshire. Republicans will examine the trial-related votes of Sens. Sherrod Brown (D-Ohio), Jon Tester (D-Mont.), Bob Casey (D-Pa.), Tammy Baldwin (D-Wis.), Jacky Rosen (D-Nev.) and Kyrsten Sinema (I-Ariz.) – if she runs. 

But the Senate must at least entertain the articles for a day or two – and then render some sort of judgment.