Sen. Marshall introduces resolution for vote of no confidence in Mayorkas amid Senate grilling

FIRST ON FOX: Sen. Roger Marshall, R-Kansas, on Tuesday announced that he is introducing a resolution to trigger a vote of no confidence in Homeland Security Secretary Alejandro Mayorkas -- just as the DHS chief was facing a grilling from lawmakers at a top committee.

"Mr. Secretary, you are derelict in your duties. I would be derelict to not do something about this. And that's why I have a draft resolution here that I intend to introduce in the coming days that would require the Senate to take a vote of no confidence on Secretary Mayorkas," he said as he questioned Mayorkas in a Senate Homeland Security Committee hearing.

"I stand at the ready to receive articles of impeachment from the House and conduct an impeachment trial in this body. But in the meantime, I think the Senate must show our colleagues in the House that we've had enough of the failures from the Department of Homeland Security and believe that the secretary is not fit to faithfully carry out the duties of his office," he said.

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The draft resolution, obtained by Fox News Digital, states that Mayorkas "does not have the confidence of the Senate or of the American people to faithfully carry out the duties of his office."

The resolution accuses Mayorkas of having "engaged in a pattern of conduct that is incompatible with his constitutional and statutory duties as Secretary of Homeland Security." 

Specifically, it says that he has failed to take the necessary actions to achieve operational control of the southern border, something the head of Border Patrol has said the agency does not have.

It cites "more than 5,500,000 illegal aliens crossing the United States southern border during Secretary Mayorkas’ term in office, including 20 consecutive months with more than 150,000 illegal border crossings and a 180 percent increase in encounters at the southern border compared to the previous administration"

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It also notes the apprehension of nearly 100 individuals on the terror watch list, an increase in fentanyl seizures and "gotaways" at the border, and also cites a number of moves by the administration that it says has encouraged illegal immigration – including the ending of the border wall construction, ending of the Migrant Protection Protocols (MPP) and attempts to end the Title 42 public health order – which will end next month.

It also notes Mayorkas' role in the controversy surrounding Border Patrol agents who were falsely accused of whipping Haitian migrants in 2021.

Marshall's resolution comes as Republicans in the House have been mulling an impeachment push since last year over what they see as the Biden administration's policies that have exacerbated the migrant crisis. Multiple lawmakers have introduced articles of impeachment, but none have yet been voted on. Should Mayorkas be impeached in the House, the process would then move to the Senate for a trial. Mayorkas could not be removed by the Senate without the House voting first. 

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Mayorkas has become a lightning rod for Republican criticism over the border crisis, and scrutiny has increased ahead of the looming end of Title 42 expulsions at the beginning of May. While the administration has been touting relatively lower numbers in recent months – which it ties to border measures introduced in January that included increased expulsions of a humanitarian parole program for four nationalities – officials fear a massive increase in apprehensions once Title 42 drops.

The Biden administration has dismissed the push by Republicans in the House to impeach Mayorkas, saying that Congress should instead focus on fixing what it says is a broken immigration system. A spokesperson on Tuesday renewed those calls in response to Marshall's resolution.

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"Secretary Mayorkas is proud to advance the noble mission of this Department, support its extraordinary workforce, and serve the American people. The Department will continue to enforce our laws and secure our border, protect the nation from terrorism, improve our cybersecurity, all while building a safe, orderly, and humane immigration system. Instead of pointing fingers and pursuing baseless attacks, Congress should work with the Department and pass legislation to fix our broken immigration system, which has not been updated in over 40 years." a spokesperson said on Tuesday.