Republican Sen. John Cornyn of Texas, who confirmed the GOP’s plans to film, told reporters on Wednesday at Capitol Hill that there were a number of problems with the nomination of Mayorkas.
Senate Majority Leader Chuck Schumer has insisted on having Mayorkas quickly confirmed, but Cornyn and other Senate Republicans argue that Mayorkas has not yet been properly investigated on immigration issues and are asking for an additional hearing in his nomination.
The use of the filibuster – to thwart nominations or legislation – has long been a favorite tool of the minority party, something Schumer regularly did when he tried to derail and delay the Republican agenda under then-President Donald Trump. In recent days, the continued use of the filibuster on legislation has become an important point in the resolution that the 50-50 Senate could officially organize, but the stall tactics are unlikely to be further removed in this Congress due to resistance from some moderate Democrats.
The Republicans’ planned objections to Biden’s candidate to lead the Department of Homeland Security mean Schumer will have to take procedural steps to overcome a filibuster over Mayorkas. The Democratic leader of the Senate needs 51 votes in the Senate to overcome the filibuster, a process that will surely take a few days of floor time, unless an agreement is reached for a faster vote.
Republican Sen. Josh Hawley of Missouri sought after the trial to block Mayorkas’ swift consideration, arguing in a statement that Mayorkas had inadequately explained how he was going to secure the U.S. southern border.
In a letter, Cornyn led seven other GOP senators in the Senate Judiciary Committee, including Hawley, to demand a trial for Mayorkas before their panel.
They argued that during his trial on January 19, Mayorkas spoke of ‘immigration priorities’, proving that immigration issues would be a ‘top focus’ of his, and that the Senate Legal Affairs Committee has jurisdiction over immigration matters.
“All members of the committee should have the opportunity to hear directly from Mr. Mayorkas and discuss his plans regarding the immigration components and functions of the department with him in public,” Republican lawmakers wrote.
Democratic Senator Dick Durbin, who chairs the Judiciary Committee, told CNN: “I do not see why this is necessary” and called the request for a hearing “completely political”.
While several of Biden’s nominees have been confirmed and moved at a slower pace than some of his predecessors’ cabinet elections, Republicans have not threatened to filter a candidate until Wednesday. Mayorkas is now the first.
The department has been without a Senate-confirmed leader since Homeland Security Minister Kirstjen Nielsen was sacked in early 2019.
This story and headline was updated on Wednesday with additional developments.
CNN’s Geneva Sands and Priscilla Alvarez contributed to this report.