- Rep. Tom McClintock, R-Calif., followed Rep. Ken Buck, R-Colo., in announcing he would vote ‘no’ on the resolution to impeach Mayorkas
- ‘The only way to stop the border invasion is to replace the Biden administration at the ballot box,’ McClintock wrote on X
- If the vote is successful, Mayorkas will be the first Cabinet secretary impeached in 150 years
Two Republicans now oppose impeaching Homeland Security Sec. Alejandro Mayorkas, complicating efforts for the House GOP to pass the pair of articles.
Rep. Tom McClintock, R-Calif., followed Rep. Ken Buck, R-Colo., in announcing he would vote ‘no’ on the resolution to impeach Mayorkas Tuesday.
‘The only way to stop the border invasion is to replace the Biden administration at the ballot box,’ McClintock wrote on X. ‘Swapping one leftist for another is a fantasy, solves nothing, excuses Biden’s culpability, and unconstitutionally expands impeachment that someday will bite Republicans.’
McClintock felt so strongly about not impeaching the secretary that he released a 10-page memo to House Republicans making the case against it.
Buck, who will retire after this term, had a similar warning on Monday, saying that a ‘partisan impeachment’ would ‘boomerang back and hurt Republicans in the future.’
With the GOP’s razor-thin majority it’s not yet clear if the impeachment will pass in a vote on Tuesday evening as Speaker Mike Johnson can only afford to lose three Republican votes.
Rep. Dave Joyce, R-Ohio, has not yet said how he will vote and Rep. Mike Gallagher, R-Wis., has not yet indicated his vote either. All Democrats are expected to oppose.
Buck said Mayorkas has ‘completely failed at his job’ but ‘maladministration or incompetence does not rise to what our founders considered an impeachable offense
![Republicans moved forward two articles of impeachment against Biden's border chief Mayorkas](https://i.dailymail.co.uk/1s/2024/02/06/15/80909233-13051747-image-a-1_1707232547196.jpg)
Republicans moved forward two articles of impeachment against Biden’s border chief Mayorkas
Still, Whip Tom Emmer said he was ‘confident’ Mayorkas would be impeached, barring any unexpected absences.
‘I’m confident if we have our members here, that we should be able to do this,’ he said on Fox News Tuesday morning.
Rep. Dan Newhouse, R-Wash., who had previously been undecided, said Tuesday morning he would vote for the articles.
‘Mayorkas has willfully refused to enforce federal immigration laws. It is one thing to disagree with a policy, but ordering [DHS] to not follow the law is inexcusable,’ he said in a statement.
It’s not clear whether the Senate will hold a trial – it could vote to dismiss the articles with only a simple majority.
Still, Republicans have already named its impeachment managers to make the case for impeachment in front of the Senate: Homeland Security Chair Mark Green, Texas, Foreign Affairs Chair Michael McCaul, Texas, Marjorie Taylor Greene, Ga., Ben Cline, Va., Michael Guest, Miss., Andy Biggs, Ariz., Andrew Garbarino, N.Y., August Pfluger, Texas, Harriet Hageman, Wyo., Laurel Lee, Fla.
Buck has been opposed to all impeachment efforts during his time in Congress – he has called the movement to impeach President Biden ‘theater’ and voted against impeaching former President Donald Trump twice.
‘The Constitution is clear. I will be voting no on the impeachment of Secretary Mayorkas,’ congressman went on.
![The vote to impeach Homeland Security Sec. Alejandro Mayorkas will come down to a razor-thin margin on Tuesday, with Colorado GOP Rep. Ken Buck dug in on opposing the effort](https://i.dailymail.co.uk/1s/2024/02/05/21/80887297-13048623-image-a-6_1707168851617.jpg)
The vote to impeach Homeland Security Sec. Alejandro Mayorkas will come down to a razor-thin margin on Tuesday, with Colorado GOP Rep. Ken Buck dug in on opposing the effort
Buck said Mayorkas has ‘completely failed at his job’ but ‘maladministration or incompetence does not rise to what our founders considered an impeachable offense.
Speaker Mike Johnson said Friday he would talk to Buck over the weekend, but a source close to Buck told DailyMail.com he had not received any calls over the weekend from Johnson.
If the vote is successful, Mayorkas will be the first Cabinet secretary impeached since Secretary of War William Belknap in 1876.
‘If Mayorkas were to be removed from office, it’s likely that President Biden would appoint another incompetent individual who would carry out this same failed approach,’ Buck reasoned.
The impeachment articles passed out of the Homeland Security Committee last week on party lines.
![If the vote is successful, Mayorkas will be the first Cabinet secretary impeached since Secretary of War William Belknap in 1876](https://i.dailymail.co.uk/1s/2024/02/05/21/80887333-13048623-image-a-7_1707168855381.jpg)
If the vote is successful, Mayorkas will be the first Cabinet secretary impeached since Secretary of War William Belknap in 1876
![They contend Mayorkas is guilty of 'high crimes and misdemeanors' that amount to a 'refusal to comply with the law' on immigration and a 'breach of the public trust'](https://i.dailymail.co.uk/1s/2024/02/06/15/80897073-13051747-image-a-3_1707232570914.jpg)
They contend Mayorkas is guilty of ‘high crimes and misdemeanors’ that amount to a ‘refusal to comply with the law’ on immigration and a ‘breach of the public trust’
Republicans moved forward two articles of impeachment against Biden’s border chief Mayorkas – one accusing him of willfully subverting immigration laws through catch-and-release and another accusing him of obstructing and lying to Congress.
Republicans cite Mayorkas’ ‘willful and systemic refusal to comply with the law’ as hundreds of migrants continue to flood into the U.S. every day.
They contend Mayorkas is guilty of ‘high crimes and misdemeanors’ that amount to a ‘refusal to comply with the law’ on immigration and a ‘breach of the public trust.’
The impeachment resolution stated: ‘Alejandro N. Mayorkas willfully and systemically refused to comply with the immigration laws, failed to control the border to the detriment of national security, compromised public safety, and violated the rule of law and separation of powers in the Constitution, to the manifest injury of the people of the United States.
Passage requires only a House majority. The Senate would hold a trial, and a two-thirds vote is required for conviction, an exceedingly unlikely outcome in the Democratic-run Senate.