Vulnerable Dem who demanded ‘fair’ Trump Senate trial changes tune on Mayorkas impeachment

Longtime Democratic Pennsylvania Sen. Bob Casey voted to kill the impeachment trial of Homeland Security Secretary Alejandro Mayorkas last week, but has a long track record of supporting impeachment proceedings when former President Trump was in the hot seat with Democrats. 

The Senate voted against two articles of impeachment Mayorkas faced last week, including one that charged Mayorkas with "willful and systemic refusal to comply" regarding immigration law, and a second article that charged him with a "breach of trust" after saying the border was secure. The Senate voted 51-48 and 51-49 against the articles. 

The votes were largely along party lines, with Sen. Lisa Murkowski of Alaska serving as the only Republican who voted "present" when asked about dismissing the first article, and voted against dismissing the second article. 

Republicans were pushing for a trial of Mayorkas for "willfully" refusing to enforce immigration laws, while millions of illegal immigrants have poured across the border into the U.S. since he was sworn in as the Biden administration’s secretary of Homeland Security in 2021. 

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Casey was among the Democrats who voted to kill the impeachment trial of Mayorkas, but had largely been tight-lipped ahead of the vote. Fox News Digital reported last week ahead of the Senate vote that Casey had not yet revealed his plans, while Politico reported on April 10 that Casey "did not directly answer a question on whether or not he’d support a motion to dismiss the trial."

He did tell the outlet at the time that "the Senate should be spending time passing the bipartisan border deal" and that he has "no doubt at all" that Republicans would use the impeachment trial against him and other vulnerable Senate Democrats ahead of the election. 

Senate Democrats quashing impeachment proceedings against Mayorkas was historically significant, as he is still serving in his role in public office. It marks a first for an impeachment trial to be dismissed, tabled or effectively tossed without the accused official first exiting their role, Fox Digital previously reported. 

"The Senate has no constitutional authority to rule that the articles approved by the House do not state impeachable offenses," Andrew McCarthy, a former chief assistant United States attorney in the Southern District of New York and a senior fellow at the National Review Institute, said last week. 

McCarthy added that the House has the sole power to determine impeachable offenses, and the Senate deeming the articles of impeachment unconstitutional and killing the potential trial, "essentially nullifies the House’s important role in the impeachment process." 

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The Senate voting against carrying through with the trial of Mayorkas comes after Casey repeatedly publicly supported impeachment proceedings against Trump when he was president.

"There can be no justice without accountability for those involved in the insurrection against the federal government. As a Nation, we cannot advance our shared democratic values without consequences for those who have betrayed those values. Those who stormed the Capitol should face charges. President Trump should be impeached and removed from office because he betrayed his oath to the Constitution and incited a mob to violence," Casey said in 2021, following protesters breaching the U.S. Capitol on Jan. 6 of that year. 

‘CONSTITUTIONAL AUTHORITY’ OF SENATE DEMS QUASHING MAYORKAS IMPEACHMENT TRIAL QUESTIONED BY EXPERTS

In 2020, when Democrats accused Trump of soliciting foreign interference in the 2020 election, Casey said, "Americans deserve a fair trial" when touting articles of impeachment against the 45th president. 

"Soon the Senate will take a critical vote on whether we should hear from relevant witnesses like John Bolton. Americans deserve a fair trial. Anything less is a cover-up," he said on X at the time.

That same month, he also called for "answers, under oath, in full view of the American people," as part of Trump’s first impeachment.

He added in 2019 of the Trump impeachment that failing to pursue proceedings against Trump would be "an insult to our Constitution and to our values."

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"Our Constitution indicates that impeachment is for ‘treason, bribery, or other high Crimes and Misdemeanors.’ A failure by Congress to pursue impeachment in the face of grave offenses by the President is an insult to our Constitution and to our values."

Trump was ultimately impeached twice, an historical first for a president, and acquitted on all counts by the Senate. 

Casey has served in the Senate since 2007, and is anticipated to have one of the most closely watched elections this year as he gears up for a campaign against anticipated Republican challenger Dave McCormick. Pennsylvania holds its primaries Tuesday, which will solidify the expected race between Casey and McCormick

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The Pennsylvania Democrat and fellow vulnerable Senate members have now come under greater focus from the Republican Party following the Mayorkas vote, including the National Republican Senatorial Committee (NRSC) previously telling Fox Digital that their votes against proceeding with the trial will become a focal point of election season. 

"Joe Biden’s wide open border is going to be a top issue for voters headed into November," NRSC spokesperson Maggie Abboud told Fox News Digital in a statement last week. 

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"You can bet we are going to highlight Senate Democrats’ refusal to hold Joe Biden’s DHS Secretary accountable on the campaign trail, in advertising, and in every other way possible," she continued. 

Fox News Digital reached out to the Casey campaign for comment on the Mayorkas vote and his previous remarks on Trump’s impeachment proceedings, and were directed to the Senate office. The Senate office did not immediately respond to the inquiry.  

"Together, Casey, Biden and Mayorkas have enabled drug cartels to flood Pennsylvania communities with deadly drugs like fentanyl," Elizabeth Gregory, a spokesperson for McCormick, said last week.

Immigration has become a top concern for voters ahead of November, alongside other concerns such as inflation, the economy and crime. Nearly 7.3 million migrants entered the U.S. between President Biden taking office and February 2024, a Fox News Digital analysis previously reported. The figure is more than the population of 36 individual states. 

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

Fox News Digital's Julia Johnson contributed to this report. 

GOP preps attacks on vulnerable Dem senators over Mayorkas impeachment trial dismissal

Republicans are planning to pin Senate Democrats' move to kill the articles of impeachment against Department of Homeland Security Secretary Alejandro Mayorkas on vulnerable incumbents ahead of the November elections. 

After several Democratic senators who face tough re-election battles voted in line with their party on Wednesday in order to deem the House-passed impeachment articles unconstitutional and forego a trial, Republican candidates are already using it to their advantage. 

"Joe Biden’s wide open border is going to be a top issue for voters headed into November," National Republican Senatorial Committee (NRSC) spokesperson Maggie Abboud told Fox News Digital in a statement. 

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"You can bet we are going to highlight Senate Democrats’ refusal to hold Joe Biden’s DHS Secretary accountable on the campaign trail, in advertising, and in every other way possible," she added. 

A spokesperson for One Nation, a group aligned with Senate Republican leadership and Minority Leader Mitch McConnell, R-Ky., also shared that it would be continuing to hit Democrats hard on immigration in the wake of Senate Democrats' votes to block the impeachment trial of Mayorkas from moving forward. 

Republican candidates taking on Democrats in competitive races, such as those in Montana, Nevada, Ohio, Wisconsin and Pennsylvania, were quick to slam their opponents for voting in line with their party and allowing Mayorkas to escape scrutiny. 

"Everyone should be outraged that Jon Tester does more for illegal immigrants in Washington than he does for legal taxpaying American citizens," former Navy SEAL Tim Sheehy, a Republican Senate candidate in Montana, said in a statement. 

‘CONSTITUTIONAL AUTHORITY’ OF SENATE DEMS QUASHING MAYORKAS IMPEACHMENT TRIAL QUESTIONED BY EXPERTS

After voting with his party, Sen. Jon Tester, D-Mont., suggested the impeachment was a partisan game, while also urging both Mayorkas and Biden to use their executive branch authorities to help secure the border and pushing his colleagues in Congress to pass a bipartisan border package. 

His campaign further told Fox News Digital in a statement that while Tester works towards a bipartisan solution on the border, "Tim Sheehy opposes the bipartisan border security bill endorsed by border patrol agents, and repeatedly called to defund the Department of Homeland Security."

Campaigns for Bernie Moreno, the Republican Senate nominee in Ohio, and David McCormick, Sam Brown and Eric Hovde, expected to be the Republican nominees for Senate in Pennsylvania, Nevada and Wisconsin, respectively, each made similar criticisms of vulnerable incumbent Democratic Sens. Sherrod Brown, D-Ohio; Bob Casey, D-Pa.; Jacky Rosen, D-Nev.; and Tammy Baldwin, D-Wis.

"Together, Casey, Biden and Mayorkas have enabled drug cartels to flood Pennsylvania communities with deadly drugs like fentanyl," claimed Elizabeth Gregory, a spokesperson for McCormick. 

As Republicans add the Mayorkas impeachment dismissal to their attacks on Democratic opponents, the incumbent senators are already pushing back. 

In a statement, Baldwin spokesperson Andrew Mamo said, "Tammy is focused on solutions, not political games," reiterating her support for a "bipartisan border compromise."

REPUBLICANS PREDICT DEMS TO PAY 'HEAVY PRICE' IN ELECTION AFTER MAYORKAS IMPEACHMENT BID FAILS

"Senator Rosen is supporting solutions to increase border security and fix our broken immigration system because she is a bipartisan and independent voice for her state," Rosen's campaign said in a statement, criticizing "the extreme MAGA Republicans running against her" as "rubber stamps for Trump."

A Brown campaign spokesperson similarly pointed to the senator's support for the bipartisan package, noting that Moreno vocally opposed it. 

Casey's campaign did not respond to a request for comment.

Democratic Senatorial Campaign Committee spokesperson Tommy Garcia further claimed, "Republican Senate candidates lost their message on the border the minute they opposed the border security bill that members of their own party helped write," referencing a border package that was negotiated by Sens. James Lankford, R-Okla.; Chris Murphy, D-Conn.; and Kyrsten Sinema, I-Ariz., which quickly lost support following former President Donald Trump's public criticism. 

Garcia remarked that "the ads write themselves," following the Republicans' abandonment of the border package. 

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Both Republicans and Democrats appear to be prepping to wield the border issues against one another, but Republican strategist Doug Heye noted that Democrats "are massively on defense on the border."

With this in mind, Heye also said, "Impeachment of the DHS Secretary was largely a niche issue for the Republican base already well-committed in those races."

Uncommitted and swing voters are not likely to have paid attention to it, he said. 

Kyle Kondik, managing editor of Sabato’s Crystal Ball at the University of Virginia Center for Politics, agreed with Heye's assessment, adding, "I don't think the specifics of the Mayorkas impeachment matter much if at all — it just seems like too much of an Inside Washington story to matter."

However, he pointed out "[President] Biden has terrible numbers on immigration." 

"Republicans will of course hammer on the issue, so it is something Democrats need to be prepared to counter," he continued. 

Republican strategist David Kochel called the Mayorkas impeachment a "lose/lose" situation for Democrats. While vulnerable incumbents are expressing their support for the bipartisan border package, he noted it wasn't accomplished, and thus it is more difficult for them to use in their favor. 

"The idea was to kill this thing quickly and hope voters forget about it," he said of the Mayorkas impeachment proceedings. Going through with a full trial likely would have looked worse for Democrats, he added. 

Fox News Digital reached out to DHS for comment.

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

Vulnerable House Dems do a U-turn on illegal immigration after calling crisis ‘non-existent threat’

A handful of vulnerable House Democrats, all of whom dismissed concern about the southern border crisis and voted against measures to enhance border security in the past, have attempted to show their attention to the issue as they campaign for re-election.

Three Democrats in competitive House races this election cycle — Reps. Yadira Caraveo, D-Colo., Gabe Vasquez, D-N.M., and Eric Sorenson, D-Ill. — have introduced bills, resolutions and amendments over the last year that would do little to limit the flow of migrants entering the country illegally, but they acknowledge the crisis.

Caraveo, who represents Colorado's 8th Congressional District, introduced a package of legislation earlier this year pertaining to some of the immigration struggles facing the United States.

The first-term lawmaker introduced two bills — the HELP for Interior Cities ACT and the ANTI-Drugs Act — in February and insisted both pieces of legislation address "the needs of Colorado communities in the wake of a recent increase in migrant arrivals."

REPUBLICANS PREDICT DEMS TO PAY 'HEAVY PRICE' IN ELECTION AFTER MAYORKAS IMPEACHMENT BID FAILS

"This comprehensive plan would deliver funding to interior cities like Denver that are in need of support, reduce the financial burden placed on local governments, and stem the flow of illegal drugs into the U.S. It would also deliver much-needed funding to law enforcement both at the border and here in Colorado," she said of the measures at the time.

The HELP for Interior Cities ACT does little to address the flow of migrants entering the country and provides additional funding for migrant shelters located in cities not found along the border. The ANTI-Drugs Act, however, would make an already-existing Department of Homeland program titled "Operation Stonegarden" permanent and give law enforcement agencies grants for equipment and "personnel, including overtime and backfill, in support of enhanced border law enforcement activities."

Prior to introducing the measures, Caraveo was one of 211 Democrats who voted against the Secure the Border Act of 2023. That measure, which passed in the House, would have expanded the type of crimes that make someone ineligible for asylum, limited the eligibility to those who arrive at ports of entry, mandated a system similar to the E-Verify employment eligibility verification system and created additional penalties for visa overstay.

Caraveo was also one of 210 House Democrats who voted against a GOP-led effort in the House to impeach Homeland Security Sec. Alejandro Mayorkas.

During her previous tenure in the Colorado state House of Representatives, Caraveo joined other Democrats from across the nation to send a letter urging the Biden administration to relax immigration rules and "divest from immigration enforcement agencies like ICE and CBP."

Another Democrat who has brought attention to the issue in recent months is Vasquez, who represents New Mexico's 2nd Congressional District.

Earlier this month, Vasquez introduced a resolution that "condemns Republican inaction on common-sense solutions to our Nation’s broken immigration system and the challenges our Nation faces at the border."

Like Caraveo, Vasquez voted against the Secure the Border Act of 2023. Last October, however, he introduced a package of immigration bills amid a skyrocketing number of illegal immigrants arriving at the U.S. border. Those measures aimed to increase penalties for smugglers and cartels who engage in violent crimes, provide pathways for certain migrants to lawfully work in the U.S. and fund additional personnel at ports of entry.

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Prior to joining Congress, Vasquez lashed out at then-President Trump amid immigration woes in 2018 and insisted the idea of "sending the military to quell a non-existent threat" is "beyond stupid."

In a November 2020 post to Twitter, now known as X, Vasquez responded to one social media user who called for the abolition of Immigration and Customs Enforcement (ICE) and Customs and Border Protection by writing, "the only ICE we need to be melting."

Vasquez was also one of many Democrats who applauded President Biden's decision to terminate construction of a border wall along the southern border. In a January 2021 post on social media, he said, "As of today, all construction on this racist, environmentally destructive, massive waste of money comes to a grinding halt. This vanity project was little more than a glorification of xenophobia and an insult to border communities. Lets tear it down."

Like Caraveo and Vasquez, Sorensen, who represents Illinois' 17th Congressional District, voted against the Secure the Border Act of 2023, which would have largely increased the total number of CBP agents.

Sorensen introduced two amendments to the Secure the Border Act — one that would require the hiring, training and assigning of "not fewer than 500 additional CBP officers" at points of entry and another that would have appropriated $25 million to "improve coordination" and "expand" a fentanyl task force.

Both amendments were not considered prior to a vote on the bill in the House, and Sorensen cited a lack of bipartisan cooperation in voting against the legislation.

After introducing the amendments, Sorensen went on to vote "nay" on impeachment efforts against Mayorkas earlier this year.

Sorensen, like most of his colleagues on his side of the aisle, has expressed opposition to the Trump-proposed idea of a southern border wall. In a November 2019 post promoting an Illinois restaurant, he wrote, "We don’t need border walls, we need more pancakes and burritos!"

Last July, Sorensen joined 201 other Democrats, including Vasquez and Caraveo, in voting against a measure that would have prevented the use of facilities of certain schools that receive federal financial assistance to provide shelter or housing to illegal immigrants. Additionally, the trio of Democrat lawmakers rejected a measure that aimed to prohibit the federal government from using certain federally administered lands to provide housing for illegal immigrants.

Caraveo and Vasquez are both seeking re-election to their seats that have been labeled "Democrat Toss Up" by the Cook Political Report, a nonpartisan election analyst. Sorensen's seat has been labeled as "Lean Democrat."

CBP records show the first six months of fiscal year 2024 had 1,340,801 total encounters, exceeding the first six months of fiscal year 2023, which set a record of 1,226,254 total encounters.

Caraveo, Vasquez and Sorenson did not respond to Fox News Digital's requests for comment.

Missouri AG slams Kansas City mayor for welcoming Mayorkas’ illegal immigrant parole program

Missouri Attorney General Andrew Bailey is calling out Kansas City mayor Quinton Lucas after he announced that illegal immigrants would be welcome to come to the city and work under Homeland Security Secretary Alejandro Mayorkas’ illegal immigrant parole program.

Bailey highlighted how the open border policies have real-world consequences in a letter to Mayor Lucas that was shared exclusively with Fox News Digital.

"An illegal alien from Venezula, who had repeatedly flouted U.S. immigration laws, was actually granted a work permit under a misguided and illegal policy enacted by Department of Homeland Security Secretary Alejandro Mayorkas," Bailey stated. "In February, he brutally murdered a young college student named Laken Hope Riley."

Bailey shared that Lucas failed to acknowledge this and openly welcomed all seeking refuge in Kansas City.

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"Yet, against the backdrop of literally millions of illegal aliens flooding our borders, overwhelming the social safety net of large American cities, and in some cases even committing violent crimes against our citizens, you are actively encouraging them to come to the Show Me State," Bailey said.

Bailey referenced the post Lucas wrote on social media proclaiming:

"All are welcome in Kansas City. Proud to work with my fellow mayors from Denver and NYC as we work to ensure decompression of new arriving communities." 

Bailey added that Lucas did later amend his statement and only extended the offer to "persons who are lawfully present, with lawful work permits," but said that Lucas ignored the underlying issue.

"Secretary Mayorkas' open border programs are themselves illegal. Your statements are wildly irresponsible," Bailey said. "Not only do you ignore the fact that Laken Riley's killer has a so-called "work permit," but you are actively encouraging Missouri businesses to become entangled in a fundamentally unlawful program, and exposing them to legal liability in the process."

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Bailey said that allowing and welcoming illegal immigrants violates a Missouri law that prohibits state businesses from hiring or employing illegal immigrants. It also makes it a felony to knowingly transport illegal immigrants in the state of Missouri.

"Make no mistake, my office will do everything in its power to take legal action against any person or entity found to be in violation of these statutes," Bailey proclaimed. 

Bailey continued stating that Missouri will now join 19 other state attorney generals who are suing Secretary Mayorkas over his "disastrous" and illegal parole program that unlawfully creates a pathway to citizenship for hundreds or thousands of illegal immigrants.

In his letter, Bailey stated that Mayorkas' illegal immigrant parole program would allow up to 360,000 illegal immigrants from Cuba, Haiti, Nicaragua, and Venezuela to be "paroled" into the United States every year.

"Your open invitation for illegal aliens to come to Missouri is not only dangerous but comes at great expense to Missouri taxpayers, residents, and business owners," Bailey said. 

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Bailey's letter to Lucas comes a day after Sen. Josh Hawley, R-Mo., gave fiery testimony to the Senate for striking down Mayorkas' impeachment trial.

Sen. Hawley joined other Republican lawmakers who tore into Secretary Mayorkas on Thursday over the release of the Venezuelan illegal immigrant now charged with the murder of Georgia nursing student Laken Riley – accusing the agency of having released him into the U.S. unlawfully.

Lawmakers grilled the embattled secretary on Jose Ibarra, an illegal immigrant from Venezuela, who is accused of killing Riley on Feb. 22, while she was jogging at the University of Georgia in Athens.

In his testimony, Sen. Hawley revealed that Ibarra had been given a work permit, despite having been accused of a crime against a child in New York and having the charges later expunged by local authorities.

"Nothing is done to this guy. He had a criminal record to start with, he's in the country on illegal grounds. You have falsely and illegally allowed him in. He committed a crime against a child. He's not prosecuted, it's expunged. In November, get this, in November, Ibarra files an application for employment authorization. And unbelievably, on December 9, 2023, it's approved," Hawley said.

The Biden administration initially announced the parole program for Venezuelans in October, which allowed a limited number to fly directly into the U.S. as long as they had not entered illegally and already had a sponsor in the United States. 

However, in January, President Biden announced that the program would be expanded to include Haitians, Nicaraguans and Cubans and that the program would allow up to 30,000 a month into the U.S. The program also allows for migrants to receive work permits and a two-year authorization to live in the U.S.

Fox News Digital reached out to Mayor Quinton Lucas for comment. 

Fox News' and Caroline Elliott contributed to this report. 

Lawmakers berate Mayorkas on Laken Riley murder: ‘Your policies in action’

Republican lawmakers on Thursday tore into Homeland Security Secretary Alejandro Mayorkas over the release of the Venezuelan illegal immigrant now charged with the murder of Georgia nursing student Laken Riley -- accusing the agency of having released him into the U.S. unlawfully.

Lawmakers grilled the embattled secretary on Jose Ibarra, an illegal immigrant from Venezuela, who is accused of killing Riley on Feb. 22, while she was jogging at the University of Georgia in Athens.

Immigration and Customs Enforcement (ICE) confirmed with Fox News Digital previously that U.S. Customs and Border Protection (CBP) had encountered Ibarra on Sept. 8, 2022, and he had been "paroled and released for further processing."

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But lawmakers cited the parole case file showing that Ibarra had been released due to an alleged lack of detention space – although some conservatives have pointed to data showing that ICE was not near maximum capacity at the time of Ibarra's release. The statute governing parole, however, says that releases are only allowed due to urgent humanitarian reasons or "significant public benefit." Republicans have accused the administration of abusing parole with its broad policies at the border, saying that the paroles often do not meet these criteria.

Ranking Member Rand Paul asked Mayorkas about Ibarra’s release and about the legality of the basis for his parole. Mayorkas said that he would not comment on the case.

"All our hearts break for the family of Miss Riley. Secondly, the perpetrator of this heinous criminal act needs to meet justice to the fullest extent of the law. And I will not comment on the particulars of the case, because the matter is being prosecuted by authorities now," he said.

When Paul followed up, including asking the secretary if he was pleading the Fifth, Mayorkas said "I have provided my answer" but later expanded.

"There are different bases for parole. I am not a legal expert in this regard, but let me assure you that when an individual is encountered at the border, and they are deemed to be at the time of encounter a threat to public safety or national security, they are a priority for detention," he said. "If not, they receive a notice to appear and are placed in immigration enforcement proceedings. The number of individuals encountered at the border exceed the number of beds available in our detention facilities. That is not something specific to this administration."

But Sen. Josh Hawley, R-Mo., then turned up the heat by reading directly from the parole file, which lawmakers had obtained. He also revealed that Ibarra had been given a work permit, despite having been accused of a crime against a child in New York and having the charges later expunged by local authorities.

"Nothing is done to this guy. He had a criminal record to start with, he's in the country on illegal grounds. You have falsely and illegally allowed him in. He committed a crime against a child. He's not prosecuted, it's expunged. In November, get this, in November, Ibarra files an application for employment authorization. And unbelievably, on December 9, 2023, it's approved," he said.

"So this is your policies [sic] in action, Mr. Secretary," he said.

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"I am confident that justice will be vindicated in the criminal prosecution of the case," Mayorkas responded, which led Hawley to make a reference to the recent impeachment effort against Mayorkas.

Well, hopefully he'll get more of a trial than you got," he said. "Otherwise, there'll be no justice for anyone at all." 

Separately, Sen. Roger Marshall, R-Kansas, raised the CHNV (Cuban, Haitian, Nicaraguan and Venezuelan) parole program, which allows up to 30,000 migrants a month to fly or travel directly into the U.S. via parole.

"Why are you mass importing tens of thousands of Venezuelans into our country via parole, knowing they can't be deported, because Venezuela isn't exactly accepting removal flights? He asked him.

CLICK HERE FOR MORE COVERAGE OF THE BORDER SECURITY CRISIS

"We are not doing that, senator," Mayorkas said. "The term ‘importation’ is incorrect."

Mayorkas also said it was false to say that Venezuela won’t take return flights.

"So, why do you say it's not correct when it's been suspended? That's why Americans don't trust you," Marshall fired back.

Fox News' Aubrie Spady and Greg Wehner contributed to this report.

‘Constitutional authority’ of Senate Dems quashing Mayorkas impeachment trial questioned by experts

Constitutional law experts are examining the implications of the precedent set by Senate Democrats on Wednesday, when they killed the impeachment trial of Department of Homeland Security Secretary Alejandro Mayorkas, effectively dismissing it. 

After the Senate deemed both articles of impeachment unconstitutional, the upper chamber adjourned, quashing all hope for a trial on Mayorkas' alleged crimes. This was historically significant, as an impeachment trial had never been dismissed, tabled or otherwise discarded without the accused official having first exited their role in one way or another. 

"The Senate has no constitutional authority to rule that the articles approved by the House do not state impeachable offenses," explained Andrew McCarthy, a former chief assistant United States attorney in the Southern District of New York and a senior fellow at the National Review Institute. 

SENATE STRIKES DOWN BOTH IMPEACHMENT ARTICLES AGAINST BIDEN BORDER CHIEF

The sole power to determine impeachable offenses lies with the House, McCarthy noted. This means neither the Senate nor a court of law would be within their rights to undermine the House's ability to make such determinations. 

Senate Majority Leader Chuck Schumer, D-N.Y., proposed two points of order during the court of impeachment deeming both articles of impeachment unconstitutional, which were passed by the Democratic majority. 

"This essentially nullifies the House’s important role in the impeachment process," McCarthy said. 

Alternatively, the Senate would have been well within its rights to "hold a trial and ultimately acquit Mayorkas of the charges," he added. 

REPUBLICANS PREDICT DEMS TO PAY 'HEAVY PRICE' IN ELECTION AFTER MAYORKAS IMPEACHMENT BID FAILS

The brief impeachment trial proceedings revealed "yet another of our constitutional norms is being undermined," said Randy Barnett, a renowned legal scholar and professor of constitutional law at the Georgetown University Law Center. 

However, Alan Dershowitz, a prominent constitutional scholar and emeritus professor of law at Harvard Law School, claimed, "There are no constitutional impeachment criteria charged."

He explained further that "dismissal is proper."

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McCarthy warned that "Democrats will come to regret it." He explained that in the case that Democrats take over the House's majority and Republicans the Senate, "Democrats will be undermined by the precedent they have set — especially if Donald Trump is elected president again."

Democrats would likely seek to once again impeach former President Trump if he is elected in November, McCarthy said, and "they have now handed Republicans a precedent authorizing the Senate to ignore the House."

Barnett claimed that impeachment is "ultimately a political power" and thus, political use of it is expected. However, he suggested that "the political nature of impeachment" is exactly what "necessitates the House having the opportunity to present its case both to the Senate and to the electorate in a public trial." This was prevented from taking place in the Senate. 

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"The only reason Republicans impeached Mayorkas was to get a high-profile hearing that would rivet the public’s attention to Biden’s border crisis," added McCarthy, who noted that the House understood they would never see a conviction or removal. 

"The Senate Democrats’ move does deny that public hearing," he said. For this, Democrats will "take a political hit," he continued. 

However, McCarthy described that Senate Democrats made a political calculation, ultimately determining that "it would be better to be criticized for not conducting a trial than to hold a trial," placing President Biden's border policies at the forefront and Democratic senators on record acquitting Mayorkas. 

This, he said, would look like the Democrats "endorsing Biden’s non-enforcement policies."

Republicans predict Dems to pay ‘heavy price’ in election after Mayorkas impeachment bid fails

Republicans warned that vulnerable Senate Democrats would be punished in the upcoming November general election for their votes to kill the impeachment trial of Department of Homeland Security Secretary Alejandro Mayorkas. 

"Every Democrat will pay a heavy price in November for willfully refusing to end this border crisis," said Republican conference Chairman John Barrasso, R-Wyo., in a statement following the impeachment trial proceedings. 

Senate Majority Leader Chuck Schumer, D-N.Y., proposed points of order after senators were sworn in as jurors to deem both of the House-passed articles of impeachment unconstitutional. Votes on the points of order were along party lines, with all Democrats agreeing that both articles were in fact unconstitutional. 

SENATE DEMOCRATS KILL BOTH ARTICLES OF IMPEACHMENT AGAINST DHS SECRETARY MAYORKAS

This included all five of the most vulnerable Democratic incumbents, Sens. Tammy Baldwin, D-Wis., Jon Tester, D-Mont., Sherrod Brown, D-Ohio, Bob Casey, D-Penn., and Jacky Rosen, D-Nev. 

"The American people will hold Senate Democrats accountable for this shameful display," warned House Republican leaders in a joint statement from Speaker Mike Johnson, R-La., Majority Leader Steve Scalise, R-La., Majority Whip Tom Emmer, R-Minn., and Republican conference Chairwoman Elise Stefanik, R-N.Y.

"History will not be forgiving of Democrats' decision to table this hearing," echoed Sen. Roger Marshall, R-Kan., in a statement. "The American people will hold Mayorkas accountable at the ballot box this November."

Sen. John Cornyn, R-Texas, additionally slammed his Democratic counterparts for disregarding "their duty to the American people."

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In his own statement following the decision to vote in line with his party, Tester said, "Montanans want real solutions that secure the border, not partisan games from D.C. politicians."

He urged "President Biden and Secretary Mayorkas to use their remaining executive authorities to help secure our border," and asked his colleagues in the Senate to revisit the bipartisan border package that was abandoned following former President Trump's public disapproval.  

Tester's race is considered one of the most competitive races in the country heading into November. 

"Senate Democrats just showed voters they will do nothing to hold Joe Biden and DHS Secretary Alejandro Mayorkas accountable for the disastrous border policies that caused this crisis," National Republican Senatorial Committee spokesman Tate Mitchell said in a statement. 

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

Republicans further lamented the precedent set by Wednesday's impeachment trial proceedings. "This means that the Senate can ignore, in effect, the House's impeachment," Senate Minority Leader Mitch McConnell, R-Ky., remarked on the chamber floor following the Senate adjourning. 

"This is a day that's not a proud day in the history of the Senate," he added. 

Throughout the Senate's history, charges and trials have only ever been dismissed when the impeached individual had resigned or was otherwise no longer in office. 

Cornyn noted the precedent set is "unfortunate" and part of the Democrats' larger effort "to sweep the Biden administration’s failing border policies under the rug."

"In 2020, Dems voted to impeach Trump without even charging a crime. Today they voted that a *felony* CANNOT be an impeachable crime. It’s beyond absurd," claimed Sen. Josh Hawley, R-Mo., comparing the impeachment trial proceedings to those of Trump during his presidency. 

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

While Republicans denounced the proceedings that unfolded on the Senate floor, President Biden's administration rejoiced over the result. 

"Today’s decision by the Senate to reject House Republicans’ baseless attacks on Secretary Mayorkas proves definitively that there was no evidence or Constitutional grounds to justify impeachment," said Mia Ehrenberg, DHS spokesperson, in a statement. 

Ian Sams, White House spokesperson for Oversight and Investigations, added in his own statement, "Once and for all, the Senate has rightly voted down this baseless impeachment that even conservative legal scholars said was unconstitutional."

He also noted that Biden and Mayorkas would "continue doing their jobs to keep America safe and pursue actual solutions at the border."

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Senate votes down first impeachment article against DHS Secretary Mayorkas

The first article of impeachment against Department of Homeland Security Secretary Alejandro Mayorkas was deemed unconstitutional by the Senate on Wednesday in a party-line vote. 

The first of two articles of impeachment alleged Mayorkas engaged in the "willful and systemic refusal to comply with the law" regarding the southern border in his capacity as DHS secretary. 

Majority Leader Chuck Schumer, D-N.Y., proposed a point of order declaring the article unconstitutional, to which the majority of senators agreed following several failed motions by Republicans.

The article was deemed unconstitutional by a vote of 51-48, with Sen. Lisa Murkowski, R-Alaska voting present. 

This is a developing story. Please check back for updates.

Inside GOP plan to force as many votes on Mayorkas impeachment trial as possible

Senate Republicans are looking to hold as many votes as possible during the initial proceedings of the impeachment trial into Department of Homeland Security Secretary Alejandro Mayorkas before Democrats in the chamber are expected to succeed in dismissing the trial. 

Majority Leader Chuck Schumer, D-N.Y., explicitly stated his intent to seek a dismissal of the House-passed articles of impeachment during a speech on the Senate floor on Wednesday morning. While he had previously indicated that he wanted to quickly get past the proceedings, he had yet to confirm the Democratic plan to dismiss the trial. 

According to five Senate Republican sources familiar with the discussions, the structure of the proceedings is being negotiated with the Democrats. 

SENATORS TO BE SWORN IN FOR MAYORKAS IMPEACHMENT TRIAL AHEAD OF EXPECTED DISMISSAL

The two parties are looking into a potential agreement for unanimous consent, in which Republicans are allowed to propose eight total points of order against the motions to dismiss. Each point of order, or fact that senators determine whether there is agreement on, will require its own vote. Lengthening the process and requiring Democrats to go on record on several components of the impeachment articles against Mayorkas. 

Schumer noted in his chamber floor speech on Wednesday that he would look to appease Republicans by allowing both points of order and debate time. "When we convene in trial today to accommodate the wishes of our Republican Senate colleagues, I will seek an agreement for a period of debate time that would allow Republicans to offer a vote on trial resolutions, allow for Republicans to offer points of order and then move to dismiss," he said. 

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

This agreement will require that no senator objects, and Schumer urged them not to. 

The unanimous consent agreement which is being sought between the parties would allow 90 minutes of open debate after the senators are sworn in as jurors at 1:00 p.m. Then, two resolutions would receive votes, one from Sen. Mike Lee, R-Utah, calling for a full Senate trial, and another from Sen. Ted Cruz, R-Texas, that would refer the matter to a Senate Impeachment Trial committee first. 

Representatives for Lee and Cruz did not confirm the unanimous consent agreement discussions before the time of publication. 

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

One source noted the GOP was making an effort to use every option possible to require more votes within the impeachment trial process, putting their Democratic colleagues on record as much as possible. 

Following the proposal of each point of order and prior to voting, the deal being discussed for unanimous consent would require four minutes of debate ahead of each vote. This time would be equally divided between the parties. One source explained that some Republican senators see this debate time as an opportunity to have the case for Mayorkas's impeachment heard on the floor, even if it is not in the context of a full trial. 

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

Several Senate Republican sources also indicated that the dismissal route, which Schumer revealed he planned to take, was preferable to a motion to table. Tabling the trial has never happened with an impeachment, as GOP senators have noted, and it also does not provide the ability for any arguments from impeachment managers or defense counsel or debate between senators. 

If agreed to, the Mayorkas impeachment trial is likely to ultimately see dismissal, but Republicans will have several opportunities to put Democrats, particularly vulnerable ones who are up for re-election in pivotal states, on the record on multiple immigration and border related topics. 

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.