Now that the nomination has successfully overcome that procedural hurdle, a final confirmation vote is underway for Monday night.
Senate majority leader Chuck Schumer pushed for Mayorkas to be confirmed quickly, but Republicans argued that the nominee was not properly examined on immigration issues and called for an additional hearing on his nomination.
Mayorkas is Biden’s first candidate to meet a Republican obstructionist, who comes at a time when the Department of Homeland Security is fighting the coronavirus pandemic, national security and immigration issues.
The department has been without a Senate-confirmed leader since Homeland Security Secretary Kirstjen Nielsen was ousted in the spring of 2019.
The vote was 55-42.
Several Republican senators crossed the party lines to vote with Democrats in support of breaking the obstruction, including Sens. Mitt Romney, Susan Collins, Lisa Murkowski, Rob Portman and Shelley Moore Capito.
Biden nominee’s first GOP obstructor
The use of obstruction – to prevent nominations or legislation – has been a favorite tool of the minority party, something Democrats often did when attempting to sabotage and delay the Republican agenda under then President Donald Trump. While several of Biden’s nominees have been confirmed and moved at a slower pace than some of their predecessors’ cabinet choices, Republicans had not yet threatened to obstruct a candidate until Wednesday. Mayorkas is now the first.
The Senate Homeland Security Committee voted on Tuesday to advance Mayorkas’ nomination to the plenary and held a hearing on the nominee’s qualifications to lead the department.
But some Republicans want a hearing for Mayorkas on the Senate Judiciary Committee, in addition to their hearing on the Homeland Security Committee.
Several Republican Party senators, led by Texas Senator John Cornyn, called for an additional hearing, citing Mayorkas’ role in overseeing many of the Biden government’s immigration policies.
“The Judiciary Committee has jurisdiction over issues related to immigration and nationality … For this reason, all members of the committee should have the opportunity to hear Mr. Mayorkas directly and publicly discuss with him his plans regarding components and functions Department immigration policy, “said a letter from the senators making their request.
Cornyn told reporters on Wednesday that “there are a lot of problems” with the Mayorkas nomination.
Democratic Senator Dick Durbin of Illinois, who will chair the Judiciary Committee, told CNN: “I don’t see why this is necessary” and called the hearing request “entirely political”.
“This is indefensible. We are denying the leadership of the Department of Homeland Security,” added Durbin.
CNN’s Geneva Sands contributed to this report.