The next day, the Senate dismissed the accusations by agreeing to a point of order that the articles of impeachment did not comply with the United States Constitution because they did not "allege conduct that rises to the level of a high crime or misdemeanor".

On November 23, 2020, President-elect Joe Biden announced his plan to nominate Alejandro Mayorkas, who had previously served in the Obama Administration as Director of U.S.

[10] After Republicans won narrow control of the House for the 118th United States Congress, several impeachment resolutions were introduced and referred to committees without further action, including ones introduced by Pat Fallon in January 2023,[11] Andy Biggs in February 2023,[12] Marjorie Taylor Greene in May 2023,[13] and Clay Higgins in June 2023.

[14] On November 9, 2023, Greene filed a motion to impeach Mayorkas, citing a dereliction of duty and saying he "failed to maintain operational control of the [Southern] border".

[16][17] The resolution with the articles of impeachment against Mayorkas was introduced to the House of Representatives by Congresswoman Marjorie Taylor Greene on November 13, 2023.

[20] Article 2 of the impeachment alleges that Mayorkas "breached the public trust" by lying to Congress and hindering the House Republican-led investigation into the Department of Homeland Security.

[22] Four Republican members broke party ranks to vote against the impeachment: Ken Buck (CO-04), Mike Gallagher (WI-08), Tom McClintock (CA-05), and Blake Moore (UT-01).

[23] Representative Al Green of Texas was the final member to arrive, casting his no vote to tie 215–215 while wearing hospital scrubs after he had finished abdominal surgery.

[39] Constitutional legal scholars asserted Republicans were using impeachment to address immigration policy disputes rather than for high crimes and misdemeanors, of which there was no evidence.

[40] Doris Meissner, who under President Bill Clinton was the Commissioner of the Immigration and Naturalization Service, the predecessor to the Department of Homeland Security, argued: "This really is about policy differences and politics.

"[45] The New York Times, The Washington Post, and CNN variously characterized the first failed vote as a "stunning rebuke", a "calamitous miscalculation", and a "story of a House in utter disarray".