Saturday, February 3, 2024

The new standard: Impeachment without crimes and misdemeanors

House Republicans’ impeachment case against Alejandro N. Mayorkas, the homeland security secretary, boils down to a simple allegation: that he has broken the law by refusing to enforce immigration statutes that aim to prevent migrants from entering the United States without authorization, reported The New York Times.

The Homeland Security Committee approved articles of impeachment against Mr. Mayorkas on a party-line vote early Wednesday morning, setting the stage for a vote of the full House next week. If impeached, he would be only the second cabinet secretary to receive that punishment in American history, the first in 148 years and the only one to be indicted by Congress for nothing more than carrying out the policies of the president he serves.

Republicans have moved forward with the process even though constitutional scholars, past secretaries of homeland security and even some former legal advisers to former President Donald J. Trump have noted that nothing Mr. Mayorkas is accused of rises to the level of high crimes and misdemeanors, the standard for impeachment laid out in the Constitution.

The G.O.P. argues that the secretary’s failure to uphold certain aspects of immigration law is itself a constitutional crime. But in the United States, the president and his administration have wide latitude to control the border, and Mr. Mayorkas has not exceeded those authorities.

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