Senators to be sworn in for Mayorkas impeachment trial ahead of expected dismissal

Senators are set to be sworn in as jurors at 1:00 p.m. on Wednesday to begin consideration of the House-passed articles of impeachment against Department of Homeland Security Secretary Alejandro Mayorkas, a process that Republicans have warned that their Democratic colleagues will try to quickly end. 

House impeachment managers officially delivered the articles of impeachment, which passed the lower chamber in February, to Majority Leader Chuck Schumer, D-N.Y., on Tuesday on the Senate floor. 

HOUSE DELIVERS MAYORKAS IMPEACHMENT ARTICLES TO SCHUMER, SETTING UP TRIAL PROCEEDINGS

The long-awaited delivery set into motion a procedure in the Senate, requiring that lawmakers be sworn in as jurors the following day to address the articles. 

However, Republicans have spent the last few weeks speculating that their Democratic counterparts will look to off-ramp the impeachment trial before arguments begin. This was confirmed by Schumer on the Senate floor on Wednesday morning when he confirmed his intention to seek dismissal.

Several Democratic senators have voiced support for dismissing the articles in the lead up to the trial's consideration, including Senate Majority Whip Dick Durbin, D-Ill., in a recent speech on the chamber floor. 

Schumer had previously stated his plans to "expeditiously" deal with the impeachment trial proceedings, without indicating the specific route the caucus was planning to take. 

SENATE DEMS REVEAL MASSIVE $79M AD SPEND TO PROTECT MAJORITY AHEAD OF KEY MATCHUPS

Republicans have expressed outrage at the likely refusal of their colleagues to allow a full impeachment trial against Mayorkas to play out. They have even threatened to shut down the Senate by making constant objections to requests for unanimous consent on regular business if a trial isn't seen all the way through. 

At a press conference following the article delivery on Tuesday, Sen. Ted Cruz, R-Texas, previewed that "we're going to see Chuck Schumer throw out 200 years of history [and] ignore the Constitution," referencing the fact that an impeachment trial has never been tabled by the Senate. 

GOP SENATOR EYES LEGISLATION TO DEFUND 'PROPAGANDIST' NPR AFTER SUSPENSION OF WHISTLEBLOWER

"He does not want these [House impeachment] managers to present the evidence of the people dying because of their policies," he added. 

Several vulnerable Democratic senators were expected to be the deciding factors on whether a trial was allowed to play out. But in recent days, multiple Democrats in highly competitive races in battleground states have revealed they want to see the trial dismissed. 

Casey expressed his opinion for the first time on Tuesday, telling CNN, "I think we should move on and get to work on a bipartisan border security deal."

There have also been multiple Republicans whose planned votes were considered a mystery. Sens. Mitt Romney, R-Utah, Lisa Murkowski, R-Alaska, and Susan Collins, R-Maine, are concerns on the right, despite the conference being largely united. This unity was evidenced by 43 Republicans signing onto a letter last week calling on Schumer to allow the trial to be seen all the way through. 

With a narrow split in the upper chamber, agreement among the parties can be easily disrupted by just a few senators. Democrats hold the majority with just 51-49 over Republicans. 

House delivers Mayorkas impeachment articles to Schumer, setting up trial proceedings

House impeachment managers officially delivered two articles of impeachment passed against Department of Homeland Security Secretary Alejandro Mayorkas to Senate Majority Leader Chuck Schumer, D-N.Y., shortly after 2:30 p.m. on Tuesday. 

After delaying the planned delivery last week and pushing it to Tuesday, House Speaker Mike Johnson, R-La., directed impeachment managers to bring the long-anticipated articles to the Senate, which will set off a number of procedural actions. 

SENATE DEMS REVEAL MASSIVE $79M AD SPEND TO PROTECT MAJORITY AHEAD OF KEY MATCH UPS

The articles were initially passed in February, but the House held off sending them to the Senate until after the appropriations process was over. 

With custody of the articles, Schumer has urged all senators to be present during the week as they will be sworn in as jurors for the impeachment trial on Wednesday. 

ALABAMA SENATOR SEEKS TO EXPOSE ABORTIONS AT THE DEPARTMENT OF VETERANS AFFAIRS

Once sworn in, it's unclear whether a trial will proceed. Republicans in the Senate have accused their Democratic counterparts of wanting to dismiss the trial, using a motion to table, effectively killing it. And while some Democrats, such as Sen. Tammy Baldwin, Wis., said they haven't heard about plans for their caucus to do this, others have pushed for it. Sens. Jacky Rosen, D-Nev., and Sherrod Brown, D-Ohio, who are both up for competitive re-election races, as is Baldwin, revealed they want to dismiss the impeachment trial. 

TRUMP'S LOAN PROPOSAL FOR UKRAINE AID MAY BE COMMON GROUND FOR COMPREHENSIVE FOREIGN AID PACKAGE

Several Democratic senators prepping for tough re-election battles in November have been considered the factors that will decide whether the trial moves forward. Sens. Bob Casey, D-Penn., Jon Tester, D-Mont., and Baldwin still haven't revealed their plans. Each vote will be critical, as the Senate is divided narrowly 51 to 49, Democrats to Republicans. 

Schumer has not indicated whether Democrats will seek a procedural off-ramp for the trial, as some caucus members have said they would like to see. However, the majority leader said in a recent statement, "We want to address this issue as expeditiously as possible," regarding the articles of impeachment. 

"As I’ve said repeatedly, impeachment should never be used to settle a policy disagreement," Schumer also claimed. "That would set a horrible precedent for the Congress."

The National Republican Senatorial Committee (NRSC) has advised all Republican competitors in key states with vulnerable Democratic incumbents to pressure their opponents in the impeachment trial. If those candidates seeking re-election look to dismiss the trial, Republicans are expected to hold it against them during the campaign. This could be particularly persuasive as the southern border has become an increasingly important issue for voters across the country. 

Border Patrol busts illegal Mexican immigrant child sex offender they say carried guns in schools

Border Patrol agents in California this week busted an illegal immigrant child sex offender in California who officials said had previously carried guns in schools – the latest example of dangerous criminals entering the U.S. illegally. 

The unnamed Mexican man’s arrest was announced by El Centro Sector Chief Patrol Agent Gregory Bovino.

Bovino said in a statement that the man was arrested in the U.S. illegally and had a "troubling history." 

CBP REPORT REVEALS LOWEST MARCH FOR MIGRANT ENCOUNTERS; TEXAS CRACKDOWN CONTINUES

"He’s a convicted sex offender against children & has been known to carry firearms in public schools," he said.

He added that the community of Fresno in California "no longer has to worry about this threat."

CLICK HERE FOR MORE COVERAGE OF THE BORDER SECURITY CRISIS

So far, there have been over 8,700 arrests of criminal noncitizens this fiscal year, compared to more than 15,000 in fiscal 2023 and more than 12,000 in fiscal 2022. Among them this year were 119 sex offenders. There has been continued concern among some law enforcement and lawmakers that the ongoing crisis at the southern border has led to more criminals attempting to enter, including sneaking past Border Patrol agents as "gotaways."

Meanwhile, there were 189,372 encounters at the border in March, slightly lower than the same time last year.

While it was the lowest March for encounters under the Biden administration, CBP records show the first six months of fiscal 2024 had 1,340,801 total encounters, exceeding the first six months of fiscal 2023, which set a record of 1,226,254 total encounters. 

"CBP – in coordination with our partners across the Federal government as well as foreign partners – continues to take significant actions to disrupt criminal networks amidst unprecedented hemispheric migration activity," Acting CBP Commissioner Troy Miller said in a statement. "Encounters at our southern border are lower right now, but we remain prepared for changes, continually managing operations to respond to ever-shifting transnational criminal activities and migration patterns."

Meanwhile, Republicans have blamed the Biden administration for the crisis. This week, Republicans in the House will deliver articles of impeachment against Department of Homeland Security (DHS) Secretary Alejandro Mayorkas to the Senate – U.S. Customs and Border Protection is a DHS law enforcement agency.

Fox News’ Stephany Price contributed to this report.

Senate prepares for Mayorkas impeachment articles while GOP braces for possible dismissal motion

The Senate is preparing to receive articles of impeachment from the House of Representatives for Department of Homeland Security Secretary Alejandro Mayorkas. The looming question remains over what Democrats – who are in the majority in the upper chamber – will look to do after being sworn in as jurors on Wednesday.

Senate Republicans are turning up the pressure on their Democrat counterparts as they warn that Democrats will look to use a procedural maneuver to quickly table a trial against Mayorkas, effectively killing it.

Impeachment managers for the House are going to physically walk the House-passed articles over to the Senate and deliver them to Majority Leader Chuck Schumer, D-N.Y., at 2:15 p.m. on Tuesday, Speaker Mike Johnson's office told Fox News Digital.

BIDEN'S REPORT ADJUSTED GROSS INCOME OF $619,976 IN 2023

Following the article delivery, several Republicans, including Sen. Mike Lee, R-Utah, will hold a press conference with some of the selected House impeachment managers. 

The process was initially planned to begin with delivery on Wednesday last week, but GOP senators convinced Johnson to hold off on sending the articles in order to set a trial in motion earlier in the week and not ahead of a weekend when lawmakers would be eager to fly home.

The articles passed through the House in February, and as Republican senators waited for their arrival in the upper chamber, it's given them time to pressure their Democrat colleagues, particularly those up for reelection who face competitive races in November. With the border becoming a top issue in states across the country, several vulnerable Democrats find themselves in a difficult position when it comes to entertaining a full impeachment trial against Mayorkas.

BIDEN SILENT AFTER BEING PRESSED ABOUT IRANIAN STRIKE AGAINST ISRAEL: 'WHAT NOW?'

All eyes are on Sens. Bob Casey, D-Pa., Sherrod Brown, D-Ohio, Jacky Rosen, D-Nev., Tammy Baldwin, D-Wis., and Jon Tester, D-Mont., ahead of any potential motions to table or otherwise dismiss the impeachment trial after senators are sworn in on Wednesday. Aside from Rosen, who said she would like to see the articles dismissed, the other Democrats didn't say what they would do if such a motion was under consideration.

It's also unclear whether Sens. Mitt Romney, R-Utah, Susan Collins, R-Maine, and Lisa Murkowski, R-Alaska, will go along with the largely united GOP's quest to see a full trial through. Most recently, Romney questioned whether there were any high crimes or misdemeanors committed, suggesting a policy difference didn't warrant impeachment.

These few senators will ultimately decide what happens upon swearing in, as the Senate's party split is narrow at 49-51.

WHERE ARE THEY NOW? TRUMP'S FORMER OPPONENTS LINING UP NEW JOBS AFTER FAILED 2024 PRESIDENTIAL BIDS

In an effort to force senators to allow a full trial, a number of Senate Republicans are planning to potentially halt all legislative business in the upper chamber by objecting to regular proceedings. With many noting that unanimous consent is necessary to keep the Senate moving, Republicans are preparing to object to traditionally uncontested actions that are taken to expedite Senate action and avoid wasting time.

In a floor speech on Monday, Senate Democrat Whip Dick Durbin, D-Ill., urged dismissal of the impeachment articles.

"Instead of doing their job and working to find legislative solutions to complex, challenging problems, too many Republicans have decided that impeachment of a Cabinet official for actually doing his job is a better exercise of time," he said.

He pleaded with his fellow senators to "quickly dispose of these unjustifiable articles of impeachment."

Senate prepares for Mayorkas impeachment articles while GOP braces for possible dismissal motion

The Senate is preparing to receive articles of impeachment from the House of Representatives for Department of Homeland Security Secretary Alejandro Mayorkas. The looming question remains over what Democrats – who are in the majority in the upper chamber – will look to do after being sworn in as jurors on Wednesday.

Senate Republicans are turning up the pressure on their Democrat counterparts as they warn that Democrats will look to use a procedural maneuver to quickly table a trial against Mayorkas, effectively killing it.

Impeachment managers for the House are going to physically walk the House-passed articles over to the Senate and deliver them to Majority Leader Chuck Schumer, D-N.Y., at 2:15 p.m. on Tuesday, Speaker Mike Johnson's office told Fox News Digital.

BIDEN'S REPORT ADJUSTED GROSS INCOME OF $619,976 IN 2023

Following the article delivery, several Republicans, including Sen. Mike Lee, R-Utah, will hold a press conference with some of the selected House impeachment managers. 

The process was initially planned to begin with delivery on Wednesday last week, but GOP senators convinced Johnson to hold off on sending the articles in order to set a trial in motion earlier in the week and not ahead of a weekend when lawmakers would be eager to fly home.

The articles passed through the House in February, and as Republican senators waited for their arrival in the upper chamber, it's given them time to pressure their Democrat colleagues, particularly those up for reelection who face competitive races in November. With the border becoming a top issue in states across the country, several vulnerable Democrats find themselves in a difficult position when it comes to entertaining a full impeachment trial against Mayorkas.

BIDEN SILENT AFTER BEING PRESSED ABOUT IRANIAN STRIKE AGAINST ISRAEL: 'WHAT NOW?'

All eyes are on Sens. Bob Casey, D-Pa., Sherrod Brown, D-Ohio, Jacky Rosen, D-Nev., Tammy Baldwin, D-Wis., and Jon Tester, D-Mont., ahead of any potential motions to table or otherwise dismiss the impeachment trial after senators are sworn in on Wednesday. Aside from Rosen, who said she would like to see the articles dismissed, the other Democrats didn't say what they would do if such a motion was under consideration.

It's also unclear whether Sens. Mitt Romney, R-Utah, Susan Collins, R-Maine, and Lisa Murkowski, R-Alaska, will go along with the largely united GOP's quest to see a full trial through. Most recently, Romney questioned whether there were any high crimes or misdemeanors committed, suggesting a policy difference didn't warrant impeachment.

These few senators will ultimately decide what happens upon swearing in, as the Senate's party split is narrow at 49-51.

WHERE ARE THEY NOW? TRUMP'S FORMER OPPONENTS LINING UP NEW JOBS AFTER FAILED 2024 PRESIDENTIAL BIDS

In an effort to force senators to allow a full trial, a number of Senate Republicans are planning to potentially halt all legislative business in the upper chamber by objecting to regular proceedings. With many noting that unanimous consent is necessary to keep the Senate moving, Republicans are preparing to object to traditionally uncontested actions that are taken to expedite Senate action and avoid wasting time.

In a floor speech on Monday, Senate Democrat Whip Dick Durbin, D-Ill., urged dismissal of the impeachment articles.

"Instead of doing their job and working to find legislative solutions to complex, challenging problems, too many Republicans have decided that impeachment of a Cabinet official for actually doing his job is a better exercise of time," he said.

He pleaded with his fellow senators to "quickly dispose of these unjustifiable articles of impeachment."

Heartland voters feeling strain of mass migration: ‘Every state is a border state’

The oft-repeated claim by Republican politicians, "Every state is a border state," appears to be resonating with voters across the country and notably in states that are thousands of miles away from the U.S. southern border

"Every state became a border state when President Biden took office and immediately reversed commonsense policies that protected our borders," Iowa Gov. Kim Reynolds, a Republican, told Fox News Digital in a statement. 

Immigration surpassed all other issues in a poll by Gallup in February, as more Americans agreed it was "the most important problem facing this country today." The number of respondents to say so jumped eight points from January, to 28%. The previous issue cited as most important by Americans was "government," followed by immigration, inflation and the economy in general. While immigration concerns managed to climb, government, inflation and economic worries remained relatively steady. 

READ MORE IMMIGRATION COVERAGE FROM FOX NEWS DIGITAL

The issue ranked as the most important for the first time since 2019, prior to President Biden taking office and during former President Trump's administration. This was the year Trump declared a national emergency at the southern border following congressional refusal to grant him requested funds for border wall construction. 

"The federal government’s inaction at our nation’s borders has led to a crisis with direct impacts upon all fifty states," New Hampshire Republican Gov. Chris Sununu told Fox News Digital in a statement. 

BIDEN HAD SIMILAR LEGAL AID ARRANGEMENT HE SLAMMED TRUMP OVER

In the state, which is more than 2,000 miles from the U.S. southern border, 83% of residents said they consider illegal immigration a serious issue for the country. Among those residents, 58% said it is "very serious," according to a March University of New Hampshire Survey Center (UNHSC) poll. 

Andrew Smith, director of the UNHSC, noted that the percentage of those who agree that illegal immigration is a "very serious" issue nationally has remained steady for more than a decade. 

Julie Kirchner, executive director of the Federation for American Immigration Reform (FAIR), told Fox News Digital in a statement, "Americans are not only seeing total chaos at the borders, where foreign nationals are literally tearing down barriers and assaulting border agents, they are witnessing first-hand how the crisis impacts every aspect of society."

At the same time, the March polling revealed that support for the construction of a border wall has surged since 2017, when opposition among New Hampshire residents was at more than half. Now, 52% in the state are in favor of the border wall, while 39% are against it. 

"Every state, including New Hampshire, has experienced firsthand the economic and emotional toll associated with the federal government’s failed response," said Sununu. 

Reynolds claimed, "It’s clear to Iowans, and the American people, that the only way this chaos and crisis at the border can be fixed is at the ballot box," crediting Biden with the widespread effects of illegal immigration. 

Democratic strategist Eric Koch pushed back on the idea the surging concern over immigration is Biden's fault, however. He noted that Republicans and Democrats in the Senate had been negotiating a border package "that President Biden said he would have signed." The deal was ultimately sunk after former President Trump came out against it and Republican lawmakers followed suit. 

"Trump and Republicans don't actually want to solve problems and walking away from the bipartisan border deal only confirms that," Koch added. 

A White House spokesperson told Fox News Digital in a statement, "The Administration spent months negotiating in good faith to deliver the toughest and fairest bipartisan border security bill in decades because we need Congress to make significant policy reforms and to provide additional funding to secure our border and fix our broken immigration system."

The statement accused Republicans of placing "partisan politics ahead of our national security" in rejecting the border deal.

"Even without significant action from Congress, DHS is maximizing its enforcement operations," the spokesperson said. 

SEN ERNST CITES JEWISH STUDENT DISCRIMINATION IN BID TO PROTECT FREE SPEECH ON CAMPUSES

In South Carolina's recent Republican presidential primary, 37% of voters pointed to immigration as the issue that was of the most significance to them ahead of casting their vote, according to a Reuters exit poll. 

The economy came in second at 33% in the state, which is similarly more than 1,000 miles from the southern border. 

"Every state is a border state because the Biden administration policies are to allow hundreds of thousands of aliens to illegally enter the United States and then be transported by federally funded NGO’s to wherever they choose," said James Massa, CEO of NumbersUSA. 

"A reason those non-border state voters are so focused on this is because of the right-wing media obsession with the issue," claimed Democratic strategist Kaivan Shroff, who chalked some of the concern up to a tactic to rally the Republican base.

"The irony here is Biden and Democrats have put forth a bipartisan border deal that would address many of the cited concerns Republicans have been focused on, and the deal was killed because of Trump," he added, echoing both the White House and fellow strategist Koch. 

As Massa pointed out, non-governmental organizations are involved in the transportation of illegal immigrants to various locations within the U.S., and many of these NGOs also receive federal reimbursement and advance payments from the Department of Homeland Security for providing shelter or other eligible services to migrants released by DHS. 

'EXPECT NPR TO SUFFER’ UNDER GOP ADMIN: REPUBLICANS RENEW CALL TO DEFUND OUTLET AMID BIAS SCANDAL

"The border crisis is funded with taxpayer dollars, regardless of state," he claimed. 

He further said that illegal immigrants are choosing to travel further into the U.S. once being paroled by DHS, opting to settle in states "that have sanctuary policies and/or benefit programs."

Illegal immigrants have also been transported by Texas Gov. Greg Abbott's administration to locations that have touted "sanctuary" policies for illegal immigrants, which some have pointed to as a trigger for concerns about the border across the country. 

"Since launching the border transportation mission in April 2022, Texas has transported over 112,000 migrants to self-declared sanctuary cities to provide much-needed relief to our overrun and overwhelmed border communities as the Biden administration leaves thousands of migrants in Texas border towns," said Renae Eze, Abbott spokesperson. 

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

Republican strategist Doug Heye noted that "complaints from Democratic politicians that they can’t handle this crisis on their own" lend some credence to the claim that every state is now effectively a border state. 

Leaders of cities such as Chicago and New York, among others, have been overwhelmed by the illegal immigrants pouring in, prompting them to request assistance from Biden and the White House and plead with Abbott to halt his busing program.

"The sheer hypocrisy of these Democrat mayors knows no bounds, going to extreme lengths to avoid fulfilling their self-declared sanctuary city promises, yet they remain silent as President Biden transports migrants all around the country and oftentimes in the cover of night," added Eze. 

Iowa GOP strategist David Kochel suggested the "squealing of [Democratic] mayors … is definitely related to the busing."

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.

REPUBLICAN GOVERNOR SIGNS BILL ALLOWING LOCAL AUTHORITIES TO ARREST CERTAIN MIGRANTS, ‘ENFORCE IMMIGRATION LAWS’

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.

More than 40 Senate Republicans call for Mayorkas impeachment trial in letter to Schumer

FIRST ON FOX: Dozens of Republican senators are calling on Senate Majority Leader Chuck Schumer. D-N.Y., to make sure a full impeachment trial is held for Homeland Security Secretary Alejandro Mayorkas.

In a letter exclusively obtained by Fox News Digital, 43 GOP senators led by Sen. Lindsey Graham, R-S.C., demanded "that the Senate uphold its constitutional responsibility to properly adjudicate the House of Representatives’ impeachment."

READ MORE IMMIGRATION COVERAGE FROM FOX NEWS DIGITAL

The correspondence comes as Republicans have accused their Democratic colleagues of planning to initiate a motion to table the impeachment trial when it reaches the Senate, effectively killing it.

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

HANDFUL OF VULNERABLE DEMS WILL DECIDE FATE OF MAYORKAS IMPEACHMENT TRIAL

The letter was also signed by nearly the entire Republican conference. 

The signers included Minority Leader Mitch McConnell of Kentucky, Minority Whip John Thune of South Dakota, Republican Conference Chairman John Barrasso of Wyoming, Sens. Marsha Blackburn of Tennessee, Ted Budd of North Carolina, Shelley Moore Capito of West Virginia, John Cornyn of Texas, Tom Cotton of Arkansas, Mike Crapo of Idaho, Steve Daines of Montana, Deb Fischer of Nebraska, John Hoeven of North Dakota, Cindy Hyde-Smith of Mississippi, Mike Lee of Utah, Jerry Moran of Kansas, Pete Ricketts of Nebraska, Mike Rounds of South Dakota, Marco Rubio of Florida, Eric Schmitt of Missouri, Dan Sullivan of Alaska, Thom Tillis of North Carolina, Roger Wicker of Mississippi, Josh Hawley of Missouri, John Boozman of Arkansas, John Kennedy of Louisiana, Ted Cruz of Texas, Bill Hagerty of Tennessee, James Risch of Idaho, Cynthia Lummis of Wyoming, Tim Scott of South Carolina, Chuck Grassley of Iowa, Ron Johnson of Wisconsin, Rick Scott of Florida, Markwayne Mullin and James Lankford of Oklahoma, Todd Young of Indiana, Katie Britt of Alabama, Joni Ernst of Iowa, JD Vance of Ohio, Roger Marshall of Kansas, Kevin Cramer of North Dakota, and Mike Braun of Indiana.

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

Notable non-signers are Sens. Lisa Murkowski, R-Alaska, Susan Collins, R-Maine, and Mitt Romney, R-Utah, who have each criticized the House's effort to impeach Mayorkas. Romney reiterated this week that he didn't see any high crimes or misdemeanors that would warrant the impeachment trial. 

GOP SENATORS CONVINCE SPEAKER JOHNSON TO DELAY MAYORKAS IMPEACHMENT ARTICLE DELIVERY

House Speaker Mike Johnson, R-La., agreed to deliver the articles of impeachment against Mayorkas to Schumer next week, rather than Wednesday as initially planned. He was persuaded to delay the delivery by several GOP senators, who did not want a trial initiated at the end of the week, when senators would be looking to quickly get on flights back to their respective states. 

When the articles are brought to the Senate, they will set a certain procedure into motion and all senators will be sworn in as jurors. The concern among Republicans is that Schumer and Senate Democrats will seek to use a procedural maneuver to quickly off-ramp the trial. A motion to table, which could pass with a simple majority of 51-49, would kill hopes of a full trial. 

A group of Senate Republicans is planning to potentially hold up all legislative business in the upper chamber if Schumer doesn't allow a full trial to play out. Because the Senate relies on unanimous consent among members for much of the business conducted, such a protest would make it virtually impossible for anything to get through the body. 

While Republicans have made clear they expect Democrats to seek a quick dismissal of the impeachment trial proceedings, Schumer has not indicated the caucus' plans. 

Handful of vulnerable Dems will decide fate of Mayorkas impeachment trial

A handful of Democratic senators in vulnerable election contests in November could decide whether there's an impeachment trial for Department of Homeland Security Secretary Alejandro Mayorkas.

"We have to look at the impeachment documents first," Sen. Jon Tester, D-Mont., told reporters Tuesday in a departure from his previous suggestion the impeachment amounted to "political games."

The Montana Democrat is in the throes of arguably the most competitive Senate election matchup in 2024. He is expected to face former Navy SEAL Tim Sheehy. The race is one of four "toss-ups," according to leading non-partisan political handicapper The Cook Political Report. 

Sen. Bob Casey, D-Pa., also left his options open for how he would vote if Democrats seek a quick procedural off-ramp for the trial, which Republicans expect.

READ MORE IMMIGRATION COVERAGE FROM FOX NEWS DIGITAL

"We'll see what transpires from there, once being sworn in," Casey told Fox News Digital. "I don't think anyone knows what will transpire."

Casey faces a significant challenge in the battleground state of Pennsylvania, where the likely Republican nominee is Dave McCormick, a former hedge fund executive and combat veteran. The Cook Political Report has the contest rated "lean Democratic." 

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

In keeping with their fellow vulnerable colleagues, senators Tammy Baldwin, D-Wis., and Sherrod Brown, D-Ohio, each avoided saying what they plan to do if a motion to table the impeachment trial is put forward.

"I am not as convinced as you are that the question before the Senate will be a tabling question. I know the press is saying that. I have not heard that," Baldwin told Fox News Digital. 

Numerous Democrats recently shared their expectations with Fox News Digital that their caucus will look to quickly dismiss the impeachment trial via a procedural maneuver. Senate Republicans have also accused Senate Majority Leader Chuck Schumer, D-N.Y., of planning to do so. However, Schumer has given no indication about his plans for an impeachment trial. 

"They still haven't sent anything over. How do you know they're going to?" Brown asked, referencing the House.

Speaker Mike Johnson, R-La., decided Tuesday to delay sending impeachment articles against Mayorkas to Schumer until next week. He did so at the request of several GOP senators who did not want the impeachment trial proceedings to take place at the end of the week, when senators will be heading home. 

DEM SENATORS VOICE CONCERNS OVER ISRAEL WAR STATUS AS BIDEN ATTEMPTS ‘CHALLENGING’ BALANCE WITH PROGRESSIVES

"Why don't we actually do something on the border instead of waiting for the dysfunctional House to send over impeachment articles for the first time in 100 years?" Brown asked. Similar to Tester, Brown is embroiled in a "toss-up" race against Trump-endorsed GOP nominee Bernie Moreno.

Baldwin's matchup, like Casey's, is considered "lean Democratic." The frontrunner for the GOP nomination in Wisconsin is businessman Eric Hovde.

Sen. Jacky Rosen, D-Nev., told Fox News Digital she wants to see the impeachment trial dismissed. 

"We should dismiss this," she said Wednesday. 

Rosen's race was recently moved from "lean Democratic" to "toss-up" by the political handicapper, illustrating the pivotal role swing state Nevada figures to play in November. The Republican primary in Nevada has yet to take place, but the frontrunner, who has the blessing of GOP Senate leaders, is Army veteran Captain Sam Brown.

GOP SENATORS CONVINCE SPEAKER JOHNSON TO DELAY MAYORKAS IMPEACHMENT ARTICLE DELIVERY

Several of the vulnerable Democrats pointed to a bipartisan border package that had been recently negotiated by senators Chris Murphy, D-Conn., James Lankford, R-Okla, and Kyrsten Sinema, I-Ariz., earlier this year. The measure quickly lost steam after former President Trump came out against it. 

"That would have solved a lot of the problems on our border," Rosen told Fox News Digital. 

"We have the legislation there that would fix these problems," she said. "You don't impeach. We are a legislative body."

"The law would hire — we'd be able to hire thousands more Border Patrol agents and do a much better job at stopping fentanyl at the border. So, we should get that done," said Casey. 

MCCONNELL LOOKS TO CEMENT LEGACY AS ‘REAGAN REPUBLICAN’ WITH CRUSADE FOR UKRAINE SUPPORT

However, Republicans argued at the time that the negotiated package didn't go far enough and included harmful provisions. 

While its unclear what some of the Democrats in tough re-election battles will do once the impeachment articles against Mayorkas are delivered, there are also questions on the Republican side.

Sen. Mitt Romney, R-Utah, told reporters Tuesday "a high crime or misdemeanor has not been alleged, and the standard has not been met for a conviction.

"I don't know that you want to go on for several weeks pointing out the obvious, which is that the border is a disaster. Secretary Mayorkas is following the position of his party and of the president who was elected."

Sen. Susan Collins, R-Maine, refused to indicate what action she would take. 

"I'm going to be sworn in as a juror. The role of senators is both juror and judge. And, thus, I don't comment on how I am going to vote until it occurs," she explained. 

Get the latest updates from the 2024 campaign trail, exclusive interviews and more at our Fox News Digital election hub.

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.