In a historic move, Senate Democrats have effectively dismissed the impeachment trial of Department of Homeland Security (DHS) Secretary Alejandro Mayorkas, sparking debates among constitutional law experts. The dismissal sets a precedent as an impeachment trial has never been discarded without the accused official having already left their role.

The Senate deemed both articles of impeachment against Mayorkas as unconstitutional, leading to the adjournment of the upper chamber and effectively quashing all hopes for a trial on the alleged crimes of the DHS Secretary. This decision has raised concerns among legal scholars about the role of the Senate in the impeachment process.

Constitutional law expert, Andrew McCarthy, emphasized that the Senate lacks the constitutional authority to rule that the articles approved by the House do not state impeachable offenses. McCarthy emphasized that the power to determine impeachable offenses lies solely with the House, meaning neither the Senate nor a court of law can undermine the House's ability to make such determinations.

Senate Majority Leader Chuck Schumer proposed two points of order during the impeachment proceedings, which were passed by the Democratic majority. This move has been criticized for nullifying the House's essential role in the impeachment process. McCarthy suggested that the Senate could have chosen to hold a trial and subsequently acquit Mayorkas of the charges, rather than dismissing the trial outright.

Renowned legal scholar Randy Barnett expressed concern over the erosion of constitutional norms, stating that yet another norm has been undermined. However, Alan Dershowitz, a prominent constitutional scholar, argued that there are no constitutional impeachment criteria charged, defending the decision to dismiss the trial.

McCarthy warned that Democrats may regret their decision as it sets a precedent that could undermine future impeachment proceedings, especially if former President Donald Trump is elected again and Democrats seek to impeach him again. McCarthy noted that the precedent now allows the Senate to ignore the House's impeachment charges.

Barnett acknowledged that impeachment is ultimately a political power, but he argued that the political nature of impeachment necessitates the House having the opportunity to present its case in a public trial, both to the Senate and the electorate. Unfortunately, the Senate's dismissal prevented this from happening.

McCarthy pointed out that the impeachment of Mayorkas by Republicans was motivated by the desire for a high-profile hearing to bring attention to President Biden's border crisis. He noted that the House understood they would not achieve a conviction or removal, but the Senate Democrats' move denied the public hearing that Republicans sought.

While Senate Democrats may avoid a trial, McCarthy cautioned that they will still face political consequences. He described the move as a political calculation, with Senate Democrats opting to be criticized for not conducting a trial rather than holding one and potentially endorsing President Biden's border policies.

The dismissal of the impeachment trial of DHS Secretary Alejandro Mayorkas has not only raised constitutional concerns but also created a controversial precedent that could have wide-ranging implications for future impeachment proceedings. As the political fallout continues, the decision by Senate Democrats is likely to reverberate throughout the halls of Congress and beyond.