Senate Republicans, stuck in minority, frown on House GOP calls for impeachment against Biden, Mayorkas

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As House Republicans prepare to take over the chamber in January, the fiercest opponents of the Biden administration in the party's conference have demanded impeachment proceedings against Homeland Security Secretary Alejandro Mayorkas and other top officials. But Senate Republicans are reportedly not keen on the effort, which they view as doomed to fail or without merit in the first place. 

Several Republican senators told Politico on Tuesday they haven't seen evidence of an impeachable offense by Mayorkas or hadn't considered the matter, downplaying expectations for what a divided Congress can achieve with Democrats in control of the Senate. 

"Someone has to commit a high crime or misdemeanor for that to be a valid inquiry. I haven’t seen any accusation of that nature whatsoever," said Utah Senator Mitt Romney, who was the only Republican senator to vote twice to convict former President Trump during his impeachment trials. "There are a lot of things I disagree with … but that doesn’t rise to impeachment," Romney said. 

Firebrand conservatives in the House have for years argued that Mayorkas is responsible for what they assert is the Biden administration's unlawful failure to secure the southern border. The House Judiciary Committee, under the incoming leadership of Rep. Jim Jordan, R-Ohio, is set to launch an investigation into the border crisis with an eye toward impeaching Mayorkas. House conservatives view the effort as necessary to keep their campaign promises to hold the Biden administration accountable. 

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Department of Homeland Security (DHS) Secretary Alejandro Mayorkas testifies before a House Homeland Security Committee hearing on "Worldwide Threats to the Homeland" on Capitol Hill in Washington, Nov. 15, 2022.  (REUTERS/Michael A. McCoy)

"He lies under oath. He says he's got operational control of the border, he says the border is secure," Rep. Brian Babin, R-Texas, told reporters last week. Babin suggested that most House Republicans were on board with an impeachment effort, calling alleged mismanagement of the border a "national security" issue. 

Facing pressure from the right, House Minority Leader Kevin McCarthy, R-Calif., has called on Mayorkas to resign or face investigations in the House, even an impeachment inquiry.  

But Senate Republicans close to leadership don't seem to be paying any mind to what the House does. Sen. John Cornyn, R-Texas, told Politico he "hadn't really given any thought" to impeaching President Biden or a cabinet official like Mayorkas. Like Romney, he said he hadn't seen evidence of misconduct that would be an impeachable offense. 

Sen. John Thune, R-S.D., the No.2 Republican in the Senate, called the situation at the border a "debacle" and said Republicans should conduct "oversight" but declined to support an impeachment effort. 

"I think there is a legitimate need for oversight … but, I mean, I think it needs to be focused on some specific areas," Thune said.

HOUSE GOP PUTS MAYORKAS, DHS ON NOTICE: GIVE 'UNFETTERED COOPERATION' OR BE COMPELLED TO TESTIFY

WASHINGTON, DC - NOVEMBER 16: Sen. Mitt Romney (R-UT) leaves the Senate floor after voting yes on a procedural vote on federal legislation protecting same-sex marriages, at the U.S. Capitol on November 16, 2022 in Washington, DC.  (Photo by Drew Angerer/Getty Images) (Drew Angerer/Getty Images)

Sens. Susan Collins, R-Maine, and Chuck Grassley, R-Iowa, each gave statements to Politico that were dismissive of a House-led impeachment effort. Senate Minority Leader Mitch McConnell's office did not respond to Politico's questions on the matter. 

There are some GOP senators who favor impeachment. Sens. Ted Cruz, R-Texas, and Lindsey Graham, R-S.C., sent a letter to Mayorkas in October condemning him for "dereliction of duty" and warning that "violation of your oath of office" could provide "grounds for impeachment." 

However, a Republican minority in the Senate virtually guarantees that any impeachment effort from the House will fail. And there's no guarantee it would advance in the House anyway. 

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DHS Secretary Alejandro Mayorkas testifies during an April 2022 House hearing (AP Photo/Jose Luis Magana)

"The failure to win the Senate hurts a lot and the [House] margin makes a difference," Rep. Tom Cole, R-Okla., acknowledged to Fox News last month. "A lot of the people that put us in the majority are from relatively moderate seats."

To impeach a federal official, the House must first pass a resolution presenting its case for what crime or misconduct was committed that requires removal from office, which can pass with a simple majority vote. After the House vote, the Senate sits on trial and the Chief Justice of the Supreme Court presides.

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The House requires a minimum of 218 votes to pass bills or advance an impeachment effort. Republicans hold just 222 seats, meaning they can only afford to lose five votes in an attempt to pass an impeachment resolution. 

Fox News' Haris Alic contributed to this report.