Op-ed: Yes, Mayorkas Is in Fact Breaking the Law

By Phillip Linderman on February 17, 2024

onservatives are rightfully celebrating the House’s Tuesday vote in favor of articles of impeachment against Secretary Alejandro Mayorkas. The coming trial of the scofflaw DHS secretary is far from a waste of time, even if the Democrat-controlled Senate is already looking to block it. It sends a message to frustrated Americans: This administration is breaking the law

This constitutional and legal fight is an attempt to salvage what is left of the rule of law in immigration and border-security matters, instead of watching the country continue to descend into banana republic status. If some kind of trial or forced public examination of the border mess takes place in the Senate, the effort can provide a valuable national platform to document exactly how the Biden-appointed Mayorkas is uniquely responsible for the country’s unprecedented illegal immigration catastrophe. 

The charges against Mayorkas are not simply a “policy dispute”; they directly address his abuse of federal immigration laws. When Colorado’s Congressman Ken Buck, one of three House Republicans to vote against impeachment, asserted that “poor job performance is not an impeachable offense,” he is confusing Mayorkas’s malfeasance with misfeasance.  

The House charges document Mayorkas’s mens rea of wrongdoing and arrogance in ignoring federal law. They make a persuasive case that, from the very start of his tenure, Mayorkas has been engaged in calculated malfeasance (unlawful acts or intended omissions) to overturn the controlling federal law, the Immigration and Nationality Act (INA). The DHS secretary actions are much more than simple misfeasance (poor administration).

. . .

[Read the rest in The American Conservative.]