Senate kills Mayorkas impeachment trial, votes both articles 'unconstitutional'

The Senate on Wednesday dismissed both impeachment articles against Homeland Security Secretary Alejandro Mayorkas, deeming them "unconstitutional."

The trial against Mayorkas, long a target of Republican criticism over his handling of immigration policy and the southern border, lasted just three hours after senators were sworn in as jurors.

The votes to kill the articles and adjourn the trial were along party lines, 51-49.

Senate Republican leader Mitch McConnell rose after the gavel came down to say members "set a very dangerous precedent here."

"By doing what we just did, we have in effect ignored the directions of the House which were to have a trial," McConnell said. "We had no evidence, no procedure. It is not a proud day in the history of the Senate."

Senate Majority Chuck Schumer, D-N.Y., pushed back on such criticism in his own press conference after the short-lived proceedings.

"What we saw today was a microcosm of this impeachment since day one: hallow, frivolous, political," Schumer said, adding: "The dangerous precedent were not the one the Republicans were talking about but the one of letting impeachment take the place of policy disagreements."

House Republicans, back in February, approved charges accusing Mayorkas of willful and systemic refusal to comply with the law on immigration policy as well as breach of public trust.

The Cabinet secretary, the first impeached in nearly 150 years, called both allegations "baseless" and "politically motivated." The articles were also criticized by some Republicans and many Democrats who said they were based on disputes that did not rise to the level of impeachable offenses.

Leading up to the trial, Republicans demanded a full-scale proceeding and consideration of the impeachment articles take place while Democrats said they would seek to dismiss them quickly.

MORE: House Republicans impeach Homeland Security Secretary Mayorkas in historic, controversial vote

Schumer kicked off Wednesday's proceedings by offering a plan that would've allowed for debate time for Republicans before Democrats moved toward a motion to dismiss.

Republicans quickly objected.

"Never before in the history of our republic has the Senate dismissed or tabled articles of impeachment when the impeached individual was alive and had not resigned," Sen. Erich Schmitt, R-Mo., said as he rose to reject Schumer's proposal.

"I will not assist Senator Schumer in setting our Constitution ablaze and bulldozing 200 years of precedent," Schmitt added.

In response, Schumer moved to begin dismissing the articles, stating they did not "allege conduct that rises to the level of a high crime of misdemeanor" as required under Article 2 of the Constitution.

Republican senators tried several times to move into a closed session or temporarily adjourn, including one motion to push the proceedings until the day after the November elections, but those motions failed along party lines.

"The Senate Majority Leader has argued that Secretary Mayorkas' defiance of federal immigration law and active aiding and abetting of the worst illegal alien invasion in American history does not constitute a high crime or misdemeanor," Sen. Ted Cruz, R-Texas, said as he tried to move debate behind closed doors.

"He has presented no argument on that question. He has presented no briefing on that question ... the only rational way to resolve this question is actually to debate it, to consider the Constitution and consider the law," Cruz added.

All senators present for Wednesday's proceedings were seated at their desks as the various motions were voted on. At some points, lawmakers could be seen handing out candy or huddling in groups for conversation.

MORE: DHS Secretary Alejandro Mayorkas calls impeachment against him 'baseless'

Mayorkas previously called the allegations by House Republicans "false." Asked about the proceedings earlier Wednesday, the secretary said he was focused on his work.

"The Senate is going to do what the Senate considers to be appropriate as that proceeds," said Mayorkas as the department rolled out a new campaign to child exploitation. "I'm here in New York City on Wednesday morning, fighting online child sexual exploitation and abuse. We are focused on our mission. Our mission is an imperative to keep everyone safe and secure."

The White House, after proceedings ended, celebrated the impeachment being "rightly voted down" by the chamber.

"President Biden and Secretary Mayorkas will continue doing their jobs to keep America safe and pursue actual solutions at the border, and Congressional Republicans should join them, instead of wasting time on baseless political stunts while killing real bipartisan border security reforms," Ian Sams, the White House spokesman for Oversight and Investigations, said in a statement.

ABC News' Selina Wang and Juhi Doshi contributed to this report.

Senate kills Mayorkas impeachment trial, votes both articles 'unconstitutional' originally appeared on abcnews.go.com