The Patriot Post® · In Brief: The Constitutional Case for Impeaching Mayorkas

Department of Homeland Security Secretary Alejandro Mayorkas may well deserve to be impeached for his dereliction of duty in securing the border. The trouble is that he’s just following orders. In any case, Representative Chip Roy (R-TX) lays out the case for beginning impeachment proceedings.

In a representative government, our elected officials are held accountable by the people, but those appointed by the president must be held accountable by Congress. The crisis at our southern border has raged on for two years too long, causing havoc and destruction for migrants, Americans, and the rule of law. Secretary of Homeland Security Alejandro Mayorkas is largely responsible for this, and indeed, he should be held accountable.

Our Founders anticipated that our country might face officeholders like Alejandro Mayorkas, which is why they provided the tools necessary to push back against them. Now it’s time for Congress to use those very tools and begin impeachment proceedings against Secretary Mayorkas.

The Framers did not vest government power without purpose, and they clearly intended those powers to be used properly. They understood that power can’t be controlled by admonition or hope. It had to be checked and balanced. Mayorkas has unquestionably demonstrated impeachable conduct by failing to uphold his duty to follow the laws and secure our borders, leading to an unprecedented humanitarian crisis that undermines our sovereignty, endangers Americans, and empowers cartels.

Roy argues that Border Patrol encounters with illegal alien crossers is approaching six million since Mayorkas took charge, and that two million of those aliens have been released into the U.S. On top of that, “more than 42,000 pounds of fentanyl have been seized at the southern border,” and the problem is getting worse, not better. Hundreds of thousands of Americans have died of drug overdoses in the last couple of years, and most of that is fentanyl. Terrorists are also crossing our border.

Yet, when faced with the reality of the border disaster, Mayorkas has gone as far as lying under oath in congressional hearings. He lied the last time he was brought in front of the House Judiciary Committee, saying he had “operational control” of the border as defined by the Secure Fence Act of 2006. But in March 2023, Mayorkas admitted he did not have “operational control.” According to the Secure Fence Act definition, he said, “no administration has ever had operational control.” As I noted at this week’s Judiciary Committee hearing, it’s clear that Mayorkas lied to Congress, that the lie was clearly purposeful, and that this administration wants the American people to believe something that is demonstrably false.

Roy continues with other stories of death and mayhem allowed by the Biden-Mayorkas open border. He argues against his own Republican colleagues who don’t believe Mayorkas’s conduct merits something as serious as impeachment by pointing to the mechanism the Founders established and why they chose it. He concludes:

In sum, the Founders knew what they were doing; in their wisdom, they foresaw situations like the one we face today. Impeachment is a solemn undertaking, and it requires that Congress put forward evidence of wrongdoing commensurate with the chaos that potential removal from office can cause.

Having a written constitution comes with the imperative that the government and its people abide by a set of rules and expectations. When that sacred trust is broken, it demands action.

Alejandro Mayorkas has failed to faithfully execute the laws of the United States, he has violated his oath of office and endangered American citizens and foreign nationals alike. Congress should rightfully move to impeach him.

National Review subscribers can read the whole thing here.