Deborah Pearlstein, a professor of Constitutional Law and director of two academic centers focused on the study of constitutional democracy at Princeton University, recently testified before the House Judiciary Committee. Her testimony was in relation to the impeachment proceedings against Alejandro Mayorkas, Secretary of the Department of Homeland Security.
Pearlstein offered her expert opinion on the matter, stating, "Impeachment is not and has never been an instrument capable of effecting policy change: impeachment of Secretary Mayorkas in particular can have no impact on the Administration’s exercise of immigration enforcement discretion." She further clarified that "Although impeachment is likewise among the many powers afforded by the Constitution to Congress, there appears to be no constitutional basis for pursuing it here."
According to CBS News, this hearing titled "Voices for the Victims: The Heartbreaking Reality of the Mayorkas Border Crisis" marks the second and final one as House Republicans work to advance impeachment proceedings against Mayorkas. The Secretary has been accused of failing to enforce national laws amid a record number of migrants arriving at the U.S.-Mexico border. Commenting on this issue, U.S. Rep. Mark Green (R-Tenn.), chairman of the committee said, "This hearing is about the human costs of Secretary Mayorkas' egregious misconduct and failure to fulfill his oath of office."
In her testimony, Pearlstein outlined three main points. Firstly, she emphasized that impeachment is a narrow remedy for specific kinds of misconduct and that the Constitution limits its scope to "Treason, Bribery, or other high Crimes and Misdemeanors." She then stated that "The apparent allegations against Secretary Mayorkas described in various Committee Majority Reports I have reviewed do not appear to establish grounds for any of those offenses within the meaning of Article II." Secondly, she reiterated that impeachment cannot effect policy change. Lastly, she urged Congress to utilize its power more effectively in addressing border security issues, saying, "Finally, no branch of government has more power under our Constitution to address matters of border security than Congress."
Pearlstein's testimony is grounded in her extensive knowledge and expertise in constitutional law. She argued that the impeachment of Mayorkas is not constitutionally justified and suggested that Congress has other, more effective means at its disposal to address concerns about border security.
During Thursday's hearing, lawmakers also heard testimonies from two individuals whose family members have died due to fentanyl overdoses or violent crime. These tragedies were linked to Mayorkas' alleged failure to secure the southern border. Notably, Mayorkas was absent from the hearing.
As per her resume published by the House, Pearlstein is the director of the Princeton Program in Law and Public Policy and holds the position of Charles and Marie Robertson Visiting Professor of Law and Public Affairs. Her research on U.S. Constitution, international law, democracy, and national security has been featured in various law journals as well as prominent publications like The Atlantic, Foreign Policy, The Washington Post, and The New York Times.
