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

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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.

SENATE APPROVES $95 BILLION FOREIGN AID BILL

"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.

BIDEN’S EXPORT SUSPENSION ON LIQUEFIED NATURAL GAS COULD SPIKE YOUR HEAT BILL

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.

SHOOTING BLANKS: HOW REPUBLICANS MISFIRED WHEN THEY TRIED TO IMPEACH MAYORKAS

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.

The Hitchhiker’s Guide to potential timing for the Senate and the international aid package

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The Senate has now cleared the first barrier to starting debate on the $95 billion aid package for Ukraine, Israel and Taiwan.

But how long until there’s a final vote?

In short, this might take a while.

Expect the strong possibility of weekend sessions and even important overnight votes. It’s possible this may not wrap up until next Tuesday – or beyond.

IMPEACHMENT OF ALEJANDRO MAYORKAS WILL HINGE ON THE MATH: CHAD PERGRAM

To wit:

The Senate overcame a filibuster just to start debate on the bill. From a very technical standpoint, the Senate is not on the bill just yet. Opponents of clearing the filibuster are awarded 30 hours after the vote early today.

So, unless there is an agreement to speed things up, the Senate could vote Friday evening around 7 pm ET just to get on the bill.

At that stage, Senate Majority Leader Chuck Schumer (D-N.Y.) will likely "file cloture" to try to end debate on the bill.

By rule, if Schumer files on Friday, the Senate cannot vote to overcome the second filibuster until Sunday. "Cloture" (to end a filibuster) requires an "intervening day" before voting to end the filibuster. So that means the Senate can’t vote to break the second filibuster until Sunday. Saturday serves as the "intervening day."

But this is where this gets tricky.

ISRAEL, UKRAINE FOREIGN AID BILL CLEARS FIRST HURDLE IN SENATE WITHOUT BORDER AND IMMIGRATION PROVISIONS

By rule, the Senate must vote to crack the second filibuster one hour after the Senate meets on Sunday. This presents "The Super Bowl Scenario." What the Senate MIGHT do if they are really trying to step on the gas (and get senators the game or to watch the Super Bowl), is meet at 12:00:01 am et SUNDAY. The intervening day (Saturday) will have expired. By rule, the Senate can vote at 1:00:01 am ET Sunday to end debate on the overall bill.

However, there is also the "non-Super Bowl" situation here. We’ll call this the "Ravens-Lions" scenario. Say for a moment that senators don’t give a care about the Super Bowl. So the Senate might meet at noon or 1 pm et Sunday. By rule, the procedural vote to end the filibuster would happen one hour after the Senate meets. So just after 1 pm ET Sunday or 2 pm ET Sunday.

SHOOTING BLANKS: HOW REPUBLICANS MISFIRED WHEN THEY TRIED TO IMPEACH MAYORKAS

If the Senate gets 60 votes to break a filibuster, the bill is on a glidepath to eventual passage. 

But we are far from finished.

Opponents of the bill can require the Senate to burn up to 30 hours after the Senate breaks the filibuster before the Senate can vote on final passage.

So, unless there’s an agreement, the Senate couldn’t vote on final passage of the bill until Monday night after 7 pm et or so… or… in the wee hours of Tuesday morning. Everything will hinge on when the Senate concludes the procedural vote to end the filibuster.

In addition, there’s lot of interesting stuff to watch in between. Debate. Votes on amendments related to the border. You name it. And, it’s entirely possible that the Senate may actually take several days of debate and amendment votes – and elect to not try to break a filibuster and then pass the bill until late next week.

This is all developing right now.

Shooting blanks: How Republicans misfired when they tried to impeach Mayorkas

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"There is nothing more exhilarating than to be shot at with no result." – Winston Churchill

Late Secretary of War William Belknap can rest easy. He remains the sole U.S. cabinet official ever impeached. 

For now.

The House impeached Belknap in 1876. 

The House failed to impeach Homeland Security Secretary Alejandro Mayorkas in 2024.

THE HITCHHIKER’S GUIDE TO WHY REP. BLAKE MOORE FLIPPED FROM YEA TO NAY ON IMPEACHING MAYORKAS

For now. 

Belknap’s ignominious status in American history is still in tact because – get this – a lawmaker required emergency surgery. Then when the infirm member unexpectedly surfaced at the Capitol, the House lacked the votes to propel Mayorkas into that elite pantheon occupied only by Belknap.

The Hippocratic Oath may read "do no harm." But it says nothing about hurting impeachment.

Republicans made impeachment of Mayorkas the touchstone of the 119th Congress. And after much braying about the border, the performance of Mayorkas and a myriad of other grievances, the House GOP stumbled when it really mattered. 

It failed to impeach Mayorkas.  

The vote was tight. Tighter than a new pair of shoes on a rainy day, as yours truly said live on the air during the vote.

215 yeas. 215 nays.

Three Republicans voted nay: Reps. Mike Gallagher (R-Wis.), Tom McClintock (R-Calif.) and Ken Buck (R-Colo.). 

But by rule, a tie vote loses in the House. 

Suddenly House Republican Conference Chairman Blake Moore (R-Utah), the fifth highest-ranking GOPer, switched his vote to nay.

Four Republican noes! 

The vote tally flipped to 214 yeas to 216 nays.

The gig was up. The House would not impeach Mayorkas.

SEN. RAND PAUL SLAMS GOP LEADERSHIP FOR 'DRAGGING' CAUCUS INTO 'DEAD' BIPARTISAN BORDER BILL WITH DEMOCRATS

So why would Moore, a senior member of the leadership, change his vote? A change of heart? Was this "Invasion of the Body Snatchers?" Was he turning rogue against his own party?

None of the above. 

Moore’s "nay" vote against impeaching Mayorkas deserves an asterisk compared to the votes of Gallagher, McClintock and Buck. Moore wants to impeach Mayorkas. In fact, Moore’s maneuver preserved the Republican gambit to potentially impeach Mayorkas in the future.

To wit:

House rules enable any member on the PREVAILING side of a roll call vote (in this instance, the NAYS) to "move to reconsider" a vote. In other words, demand a re-vote. 

Moore was a yea – but on the losing side. Gallagher, McClintock and Buck certainly weren’t going to move to order a re-vote. They opposed impeachment. So, someone on the GOP leadership needed to switch their vote to nay to potentially resuscitate the Mayorkas impeachment plan. 

Moore altered his vote to no. Not because he opposes impeaching Mayorkas. But now he was on the "winning" side." House Republicans could summon the Mayorkas impeachment vote again. In fact, House Majority Leader Steve Scalise (R-La.) probably would have changed his vote had he been present. But Scalise is out for cancer treatments and has not voted this year. Republicans might have the votes when Scalise returns. Republicans could also have reinforcements if the GOP wins the special election on Long Island next week. Republicans hope GOP nominee Mazi Melesa Pilip defeats former Rep. Tom Suozzi (D-N.Y.) for the vacant seat once held by expelled former Rep. George Santos (R-N.Y.). Then Republicans might have the votes to impeach.

Scalise will be back. But if Suozzi defeats Pilip, it’s possible Republicans may never have the votes to impeach Mayorkas. 

House Republicans badly bungled impeachment. They violated a fundamental tenet of Capitol Hill.

It’s always about the math.  

The House took two roll call votes earlier on Tuesday. A total of 425 members in the 431 member House cast ballots. After the House finished a lengthy debate on impeaching Mayorkas, it was time to hold another vote series. However, Republicans made a decision not to vote on impeachment first. The House instead voted first on the "Chesapeake and Ohio Canal National Historical Park Commission Extension Act."

That proved to be a tactical error by the GOP. It created a false sense of security about the Mayorkas vote. 

Republicans wanted the House to vote first on the Chesapeake and Ohio Canal bill to get a sense of the universe of members voting. The canal bill would serve as a "test" vote to determine how many Republicans the majority could lose on impeachment.

Wise move. But it backfired. 

SENATE TO VOTE ON FUNDING FOR ISRAEL AND UKRAINE AS IMMIGRATION DEAL SET TO GO DOWN IN FLAMES

Putting the canal bill first may have sunk impeachment.

Cry me a river. 

The House approved the bill about the Chesapeake and Ohio Canal 427 to 2. So the total number of members voting rose from 425 earlier in the day to a new high-water mark of 429. There were two absences. Scalise and Rep. Al Green (D-Texas) who was out for surgery.

But that’s where the problem came. 

Republicans didn’t count on Green voting. Aides and medical attendants dramatically rolled Green into the Capitol in a wheelchair. He wore a blue hospital gown and tan footies. 

The universe of members casting ballots suddenly swelled to 430 as Green cast his ballot against impeachment. 

A senior House Democratic aide confided to Fox that putting the vote on the Chesapeake and Ohio Canal helped the Democrats "hide" Green. That lured Republicans into a state of illusory comfort. They thought they had the votes to impeach, unaware that Democrats were about to thwart them.

Green may have been prone on a hospital gurney earlier in the day. But that didn’t mean he couldn’t put impeachment to bed. 

"He made it clear to me that it was important for him to be present to cast a vote against this sham impeachment led by (Rep.) Marjorie Taylor Greene (R-Ga.), targeting a hard-working public servant like Secretary Mayorkas," said House Minority Hakeem Jeffries (D-N.Y.). 

Jeffries noted that he did not request that Green swoop in to short-circuit the impeachment vote. This was all on Green.

And so Republicans had a choice. Either let the vote fail 215-215. Or safeguard their options for later.

The GOP chose the latter.

Of course, impeachment resolutions are "privileged." That means any member could just put forth an impeachment plan again and the House would have to take it up. But by maintaining the current articles, the GOP also conserves the current investigation, committee report and other documents. This also gives Republicans more credibility if and when they present their impeachment articles to the Senate during a possible trial.

The House has only defeated articles of impeachment once before. The House only adopted two of the articles of impeachment leveled against former President Clinton in December 1997.

So Republicans may try impeachment again in the future. Maybe Scalise is here. Maybe Pilip wins. But you can never know exactly how many people are going to show up in the House.

You try to get 431 people in the same room at the same time. Members are always away for random reasons. Illness. Family commitments. Funerals. Events in the district. You name it. 

So Republicans took a shot at Mayorkas. And missed.

For now.

As Churchill said, that must be an exhilarating feeling for Mayorkas. 

Republicans took their shot. And got no result.

Foiled by a man in a hospital gown.

Jefferies defend surprise appearance by Texas Democrat in failed Mayorkas impeachment vote

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House Minority Leader Hakeem Jefferies, D-New York, defended the surprise appearance of fellow Democrat Rep. Al Green of Texas during Tuesday's vote that ultimately tanked a Republican effort to impeach Homeland Security Secretary Alejandro Mayorkas.

"It’s not our responsibility to let House Republicans know which members will or will not be present on the House floor on any other day or in connection with any given vote," Jeffries told reporters Wednesday in the Capitol, The Hill reported. 

Green, who was receiving health care at a hospital, appeared in the House chamber in a wheelchair wearing hospital garb to cast his ballot. The move surprised Republicans, who had little wiggle room after three of their own voted no. 

GOP SENATORS RALLY AGAINST BIPARTISAN BORDER DEAL, CITING BIDEN’S POWER TO SUSPEND ‘EMERGENCY’ BILL

Fox News Digital has reached out to Green's office. 

The vote was 216-214. Lawmakers voted on a resolution combining two articles of impeachment accusing Mayorkas of having "refused to comply with Federal immigration laws" and the other of having violated "public trust."

They were Reps. Tom McClintock, R-Calif.; Ken Buck, R-Colo.; and Mike Gallagher, R-Wis. The lawmakers said while they disapproved of the job Mayorkas is doing at the southern border, the threshold for impeachment had not been met, and warned it could be used against future Republican administrations.

SEN. TIM SCOTT A ‘HADES NO’ ON SENATE BORDER, IMMIGRATION DEAL

"We can basically … look at this as a game, unfortunately, and their strategy. And they hid one of their members, waiting to the last minute, watching to see our votes, trying to throw us off on the numbers that we had versus the numbers they had," Rep. Marjorie Taylor Greene, R- Georgia, said. "That was a strategy at play tonight."

Jefferies said Green wasn't coerced by his Democratic colleagues to participate in Tuesday's vote. 

"He has told his story directly and he made it clear to me that it was important for him to be present to cast a vote against this sham impeachment led by Marjorie Taylor Greene, targeting a hard-working public servant like Secretary Mayorkas," Jeffries said.

While speaking to reporters, House Speaker Mike Johnson, R-Louisiana, said the vote was changed when "people who show up when they’re not expected to be in the building."

Mitch McConnell scoffs at GOP critics after his border deal collapses: ‘They had their shot’

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Senate Minority Leader Mitch McConnell brushed off backlash from his GOP critics after support for his bipartisan border deal collapsed on Wednesday.

Sen. Ted Cruz, R-Texas, called for McConnell to resign this week and argued that the border deal was far too weak to be acceptable. McConnell said his detractors are ignoring the reality of politics and compromise.

"I’ve had a small group of persistent critics the whole time I’ve been in this job. They had their shot," McConnell told Politico on Wednesday, referring to an attempt to replace him as leader in 2022.

"The reason we’ve been talking about the border is because they wanted to, the persistent critics," he continued. "You can’t pass a bill without dealing with a Democratic president and a Democratic Senate."

GOP SENATORS RALLY AGAINST BIPARTISAN BORDER DEAL, CITING BIDEN’S POWER TO SUSPEND ‘EMERGENCY’ BILL

When asked on Tuesday specifically about Cruz's call for him to resign, McConnell responded with his typical deadpan humor.

"I think we can all agree that Senator Cruz is not a fan," he told reporters.

MAYORKAS LASHES OUT AT ‘BASELESS’ GOP ALLEGATIONS AHEAD OF KEY IMPEACHMENT VOTE

Cruz is not the only Republican senator speaking out, however. Sen. Mike Lee, R-Utah, campaigned against the border bill and has called for "new leadership" in the party. Sen. Ron Johnson, R-Wis., was similarly frustrated.

"I’ve been super unhappy since this started," Johnson told Politico. "Leader McConnell completely blew this."

Cruz said the bill, crafted by Sen. James Lankford, R-Okla., Sen. Chris Murphy, D-Conn., and Sen. Kyrsten Sinema, I-Ariz., "codifies" Biden's penchant to allow a porous border and "normalizes" 5,000 illegal migrants per day.

EX-ICE CHIEF SCOFFS AT KATHY HOCHUL'S SUDDEN MIGRANT OUTRAGE

"That works out to 1.8 million a year. That works out to about 6 million illegal immigrants over the three years of Biden.… So the idiotic Republican proposal was let's be for two thirds of the border invasion that Biden has allowed," he told Fox News on Wednesday morning.

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The GOP infighting comes as the U.S. Customs and Border Protection announced 1 million border encounters since Oct. 1, the beginning of fiscal year 2024. The CBP reached the 1 million mark faster than any other year.

CBP migrant encounters already exceed 1 million since October

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U.S. Customs and Border Protection has tracked over 1 million migrant encounters since Oct. 1st, when fiscal year 2024 began, a CBP source told Fox News Digital on Wednesday, the earliest this mark has ever been reached.

The number is roughly 100,000 encounters higher than the same period last year, when the U.S. saw 908,000 encounters. This is the earliest the U.S. has ever reached the 1 million encounter mark, according to the CBP source.

The U.S. is also tracking a higher number of Chinese migrants crossing the border. Chinese illegal immigrants made up the fastest-growing group of border crossers last year, and fiscal year 2024 is on track to shatter that record.

The CBP encountered over 37,000 Chinese migrants last year, but they have already encountered nearly 20,000 since October. The CBP source says they have encountered roughly 150 Chinese migrants per day this fiscal year.

GOP SENATORS RALLY AGAINST BIPARTISAN BORDER DEAL, CITING BIDEN’S POWER TO SUSPEND ‘EMERGENCY’ BILL

The news comes just after a bipartisan immigration bill crashed and burned in Congress this week.

Sen. Ted Cruz, R-Texas, and other critics of the bill argued that it would "normalize" 5,000 border encounters each day.

MAYORKAS LASHES OUT AT ‘BASELESS’ GOP ALLEGATIONS AHEAD OF KEY IMPEACHMENT VOTE

"That works out to 1.8 million a year. That works out to about 6 million illegal immigrants over the three years of Biden…. So the idiotic Republican proposal was let's be for two thirds of the border invasion that Biden has allowed," Cruz told Fox News on Tuesday.

The House of Representatives also failed to impeach Homeland Security Secretary Alejandro Mayorkas in a vote on Tuesday.

The House voted mostly along party lines, but Republicans suffered a number of defections that torpedoed the 216-214 vote. Four Republicans ultimately voted no: Rep. Tom McClintock, R-Calif., Ken Buck, R-Colo., Mike Gallagher, R-Wis., and Blake Moore, R-Utah, who switched his vote at the last minute in a procedural move to be able to bring the resolution back to the floor.

GOP LAWMAKER ON KEY IMMIGRATION SUBCOMMITTEE SLAMS MAYORKAS IMPEACHMENT

Lawmakers voted on a resolution combining two articles of impeachment that accused Mayorkas of having "refused to comply with Federal immigration laws" and the other of having violated "public trust." A Cabinet secretary has not been impeached since 1876, when Secretary of War William Belknap was impeached.

Border crossings have set several records in recent months. December saw 302,000 migrant encounters alone, the highest total for a single month ever recorded. It was also the first time a monthly total had exceeded 300,000.

Fox News' Adam Shaw and Elizabeth Elkind contributed to this report

The Hitchhiker’s Guide to why Rep. Blake Moore flipped from Yea to Nay on impeaching Mayorkas

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There were four Republicans who voted no tonight against impeaching Homeland Security Secretary Alejandro Mayorkas. Reps. Mike Gallagher (R-Wis.), Tom McClintock (R-CA), Ken Buck (R-Colo.) and House Vice Conference Chairman Blake Moore (R-Utah) – a member of the Republican leadership.

But Moore’s "nay" vote against impeaching Mayorkas deserves an asterisk. He’s not really against impeaching Mayorkas. Moore voted no so the Republican effort to impeach Mayorkas could live to fight another day.

FOUR HOUSE REPUBLICANS VOTE AGAINST IMPEACHMENT OF ALEJANDRO MAYORKAS

To wit: 

Moore was on the board as a yea in favor of impeaching Mayorkas. But the GOP miscalculated how many yea votes that they had – as well as how many Democrats present and available to vote no.

The current breakdown in the 431 member House is 219 Republicans to 212 Democrats with four vacancies.

Republicans can only lose three votes. But that’s if all of their members are present. House Majority Leader Steve Scalise (R-La.) has not voted all year due to cancer treatments. Scalise tells FOX he will be back soon.

So as soon as the Mayorkas impeachment vote went to 215-215, the gig was up for impeaching Mayorkas.

At least on Tuesday night.

By rule, a tie vote loses in the House. So the Mayorkas impeachment effort was going down to defeat.

Only on one occasion before has the House ever defeated articles of impeachment. In December 1997, the House only adopted two of the articles of impeachment leveled against former President Clinton.

WHY DID THE HOUSE FAIL TO IMPEACH MAYORKAS?

So what were Republicans to do in order to salvage their impeachment gambit?

House rules enable any member on the PREVAILING side of a roll call vote (in this instance, the NAYS) to "move to reconsider" a vote. In other words, demand a re-vote.

Moore was a yea – but on the losing side. Gallagher, McClintock and Buck certainly weren’t going to move to order a re-vote. So, it fell to a member of the House GOP brass.

Moore changed his vote to no. Not because he opposes impeaching Mayorkas. But now he was on the "winning" side." This preserved the option for House Republicans to summon the vote again. Perhaps when Scalise is back. Or if Republicans win the special election on Long Island next week. The GOP hopes that Republican nominee Mazi Melesa Pilip defeats former Rep. Tom Suozzi (D-N.Y.) for the seat vacated by expelled former Rep. George Santos (R-N.Y.). Then Republicans might have some reinforcements to impeach…

Of course, that presumes that other Republicans aren’t absent that day.

As I always say, YOU try to get more than 400 people in the same room at the same time. Members are always away for random reasons. Illness. Family commitments. Funerals. Events in the district. You name it. 

TOP REPUBLICAN SAYS DEMS 'WILL ANSWER' AT BALLOT BOX FOR NOT BACKING MAYORKAS IMPEACHMENT

Of course, impeachment resolutions are "privileged." That means any member could just put forth an impeachment plan again right away and the House would have to take it up. But by preserving the impeachment investigation, committee report and other documents, the maneuver by Moore enables the Republican leadership to preserve the impeachment gambit launched by the Homeland Security Committee – and try again. Maintaining that more exhaustive impeachment plan will also give the GOP more credibility if and when they present their impeachment articles to the Senate for a possible trial.

Moreover, having a key member change their vote to potentially order a re-vote in the House is rare. It happens with some degree of regularity in the Senate. Over the years Senate Majority Leader Chuck Schumer (D-N.Y.), Minority Leader Mitch McConnell (R-Ky.) and the late Senate Majority Leader Harry Reid (D-Nev.) would often be compelled to change their votes from yes to no – in order to call for a re-vote on a failed issue. 

Moore’s effort was not unprecedented in the House. But something seen more often across the Capitol dome in the Senate.

House clears way to advance impeachment articles of DHS Secretary Mayorkas

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House lawmakers on Tuesday cleared the way to advance an impeachment resolution against Homeland Security Secretary Alejandro Mayorkas.

The 215-207 floor vote came as the House adopted the "rule" to manage the debate on the measure. 

The resolution affirms that Mayorkas "has willfully and systematically refused to comply with Federal immigration laws" by having repeatedly violated laws enacted by Congress regarding immigration and border security during his tenure. 

If the vote goes through, Mayorkas would be the first Biden Cabinet official impeached in nearly 150 years. 

This story is breaking. Please check back for updates.

Justice Department sues Texas over law to let police arrest illegal immigrants

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The Justice Department on Wednesday filed a lawsuit against Texas over a state law allowing authorities to arrest illegal immigrants, pitting Republican Gov. Greg Abbott against the Biden administration as both remain at odds over how to handle the escalating crisis at the southern border. 

The lawsuit, filed in an Austin federal court, came after Abbott signed into law last month a measure challenging the federal government's authority over immigration matters. In addition to Biden, several blue cities like New York and Chicago have pushed back against Abbott for having thousands of migrants bussed from his state to their jurisdictions. 

"The United States brings this action to preserve its exclusive authority under federal law to regulate the entry and removal of noncitizens," the lawsuit states. "Texas cannot run its own immigration system. "Its efforts, through SB 4, intrude on the federal government’s exclusive authority to regulate the entry and removal of noncitizens, frustrate the United States’ immigration operations and proceedings, and interfere with U.S. foreign relations."

JOHNSON CALLS MIGRANT CRISIS ‘TRULY UNCONSCIONABLE’ DURING VISIT TO BESIEGED SOUTHERN BORDER

Texas is also fighting a separate court battle over the installation of razor wire on the Rio Grande and a floating barrier, which has angered Mexican leaders as well. 

Under the Texas law, migrants could either agree to a judge's order to leave the U.S. or be prosecuted on misdemeanor charges of illegal entry. Those who don't leave could face serious felony charges if arrested again.

Those ordered to leave would be sent to ports of entry along the border with Mexico, even if they are not Mexican citizens. The law can be enforced anywhere in Texas but some places are off-limits, including schools and churches.

HOUSE HOMELAND SECURITY COMMITTEE SETS FIRST MAYORKAS IMPEACHMENT HEARING

Fox News Digital has reached out to Abbott's office. 

Last week, the Justice Department sent Abbott a letter threatening legal action unless Texas reversed course. In response, Abbott posted on X that the Biden administration "not only refuses to enforce current U.S. immigration laws, they now want to stop Texas from enforcing laws against illegal immigration."

The governor has repeatedly accused the Biden administration of failing to address issues at the border amid record numbers of migrants crossing into the United States. The bussing program has angered Democrats in blue cities, who say their jurisdictions lack sufficient resources to care for migrants they've received. 

Illegal crossings along the southern U.S. border topped 10,000 on several days in December, a number that U.S. Customs and Border Patrol Commissioner Troy Miller called "unprecedented." U.S. authorities closed cargo rail crossings in Eagle Pass and El Paso for five days last month, calling it a response to many migrants riding freight trains through Mexico to the border.

The Associated Press contributed to this report. 

Biden’s impeachment inquiry response urges GOP to address ‘important priorities,’ like the border crisis

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President Biden on Wednesday said the southern border needs to be addressed as record numbers of migrants continue to overwhelm authorities while criticizing House Republicans over their impeachment inquiry into the business dealings of his son, Hunter Biden. 

In a statement released by the White House, Biden responded to the Republican-led House formally approving the impeachment inquiry. 

"The American people need their leaders in Congress to take action on important priorities for the nation and world," the president said, before saying Congress should do more on a host of issues, including on Ukraine, Israel, the border, and the economy.

On the border specifically, Biden said, "We have to address the situation at our southern border, and I am determined to try to fix the problem. We need funding to strengthen border security, but Republicans in Congress won’t act to help."

Republicans have long called for increased border measures, arguing the record number of migrants poses a security threat as border authorities cannot properly screen them. 

MIGRANT ENCOUNTERS AGAIN TOP 10K IN SINGLE DAY AS LAWMAKERS EYE NEW BORDER LIMITS

Last week, a 49-51 Senate vote to issue billions of dollars in military and security aid to Ukraine, Israel and the Indo-Pacific fell short because Republicans wanted the president to focus on the border. Biden has asked Congress for nearly $106 billion to fund the wars in Ukraine and Israel and other security needs. 

On Wednesday, Biden noted that he met with Ukrainian President Volodymyr Zelenskyy this week.

"He came to America to ask us for help. Yet Republicans in Congress won’t act to help," he said. 

HUNTER BIDEN CASE MOVE TO LOS ANGELES MAY BE EVIDENCE THE FEDS ‘FOUND SOMETHING’: DERSHOWITZ

Biden has signaled his willingness to make some compromises at the border, but has not said what policies he would embrace. He's accused Republicans of wanting a political issue ahead of the 2024 presidential election more than bipartisan compromise. 

"Republicans think they get everything they want without any bipartisan compromise," Biden said last week. "Now they're willing to literally kneecap Ukraine on the battlefield and damage our national security in the process."

The president also accused the GOP of attacking his family amid a probe into his son. Hunter Biden on Wednesday defied a subpoena and refused to testify in front of House lawmakers about his business activities. 

He has maintained that his father was not involved in those deals. 

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"They belittled my recovery, and they have tried to dehumanize me, all to embarrass my father, who has devoted his entire life to public service," the younger Biden said at a news conference on Capitol Hill. "For six years I have been a target of the unrelenting Trump attack team. ‘Where’s Hunter?’ Well, here’s my answer. I am here." 

President Biden said Republicans were "choosing to waste time on this baseless political stunt that even Republicans in Congress admit is not supported by facts."