Will Mayorkas impeachment articles turn into a Senate trial?

House GOP impeachment managers are sending articles of impeachment against Homeland Security Secretary Alejandro Mayorkas to the Senate on Tuesday, and Senate Republicans will be watching Majority Leader Chuck Schumer’s next move.

House Speaker Mike Johnson signed the articles Monday afternoon, The Hill reported.

Republicans worry that rather than holding a Senate trial on the matter, Schumer will table the articles by a razor-thin majority vote, according to Time magazine. Republicans plan to force votes to thwart Schumer’s ability to bypass a full trial.

Johnson delayed making the ceremonial trip to deliver impeachment articles last Wednesday at the request of GOP senators who wanted more time to build a case, Fox News reported.

What Republicans are saying about Mayorkas impeachment

Sen. Mike Lee, R-Utah, has been one of the most vocal Senate Republicans about Schumer’s actions on a Mayorkas impeachment trial. Lee approved of Johnson’s delay and posted on X, the site formerly known as Twitter, that Schumer’s actions would be “unprecedented” and “unjustified” if he tables the impeachment articles.

“The Senate should protect Americans and try Mayorkas,” Lee also posted on X. “Not the other way around.”

According to Time magazine, Republicans like Lee and Sen. Ted Cruz, R-Texas, said the first Senate impeachment against former President Donald Trump set a precedent for the legislative body to go forward with a trial.

In addition to Lee and Cruz, 42 other Senate Republicans have signed a letter to Schumer calling for a full Mayorkas impeachment trial. Five Republican senators didn’t sign the letter, including Utah Sen. Mitt Romney.

What’s next in Mayorkas impeachment?

Before impeachment articles are delivered to the Senate, Mayorkas will appear at a hearing before the House Homeland Security Committee, Fox News reported.

Senators could be sworn in as jurors Wednesday even though Schumer is expected to quickly try to dismiss the charges, according to The Hill. The impeachment articles accuse Mayorkas of breaching public trust, as well as a “willful and systematic refusal to comply with the law” related to immigration and border security.

Members of both parties in the Senate expect a procedural motion to dismiss or table the charges against Mayorkas to be offered by Democrats, Roll Call reported.

A 51-49 vote could approve a pretrial motion to dismiss impeachment, according to Ohio Capitol Journal.

The Associated Press laid out how Schumer could get to a 51-49 margin.

“Getting to 51 votes would require every single Democrat and the chamber’s three Independents to vote to dismiss, or potentially fewer if any Republicans join them,” the AP reported. “So far, no Democrats or Independents have expressed support for moving ahead with an impeachment trial.”

If the Senate did move to a trial, it might take weeks for impeachment managers and lawyers representing Mayorkas to make their cases, the AP reported. Senators would “be forced to sit in their sears for the duration.”

The issue of accountability on illegal border crossings is expected to be a top issue from now to the presidential election in November, according to Time magazine.

Critics of Mayorkas impeachment weigh in

Schumer has criticized House Republicans’ push for impeachment against Mayorkas, while vowing to move forward “expediently,” according to Fox News.

The charges Mayorkas faces amount to a policy disagreement, not crimes that would mean impeachment is necessary, Democrats have said, according to the AP.

The Hill called the impeachment approach “unusual,” while legal experts told Time magazine that the articles “are very weak, lack evidence of wrongdoing, and don’t rise to the standard set in the Constitution.”