Now that the nomination has successfully removed the procedural hurdle, a final vote on confirmation is on track for Monday night.
Senate Majority Leader Chuck Schumer insisted on having Mayorkas quickly confirmed, but Republicans argued that the nominee had not been properly investigated on immigration issues and called for an additional hearing on his nomination.
Mayorkas is the first nominee for Biden to have met a Republican filibuster. It comes as the Department of Homeland Security struggles with the coronavirus pandemic, national security and immigration.
The department has been without a Senate-confirmed leader since Homeland Security Minister Kirstjen Nielsen was sacked in the spring of 2019.
The vote was 55-42.
Several Republican senators crossed the party lines to vote with Democrats in support of the filibuster break, including Sens Mitt Romney, Susan Collins, Lisa Murkowski, Rob Portman and Shelley Moore Capito.
First GOP filibuster from Biden nominee
The use of the filibuster – to thwart nominations or legislation – has long been a popular instrument of the minority party, something Democrats have regularly done to try to derail 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 his predecessors’ cabinet elections, Republicans have not threatened to filter a candidate until Wednesday. Mayorkas is now the first.
The Senate Homeland Security Committee on Tuesday voted to advance Mayorkas ‘nomination to the floor and held a hearing on the nominees’ qualifications to lead the department.
But some Republicans want a hearing for Mayorkas before the Senate Judiciary Committee, in addition to his hearing before the Homeland Security Committee.
Several GOP senators, led by Senator John Cornyn, have called for the additional hearing, citing Mayorkas’ role in overseeing much of the Biden government’s immigration policy.
“The committee for the judiciary has jurisdiction over matters of immigration and nationality … Therefore, all members of the committee should have the opportunity to hear directly from Mr Mayorkas and discuss his plans regarding him in public. components and functions of the department, ” reads a letter from the senators directing their request.
Cornyn told reporters on Wednesday that there were a number of issues with the Mayorkas nomination.
Democratic Sen. Dick Durbin of Illinois, who chairs the Judiciary Committee, told CNN, “I do not see why this is necessary,” calling the request for a hearing “completely political.”
“It is indefensible. We are withholding the leadership of the Department of Homeland Security,” Durbin added.
CNN’s Geneva Sands contributed to this report.