Homeland Security Secretary Alejandro Mayorkas was impeached on Tuesday, setting the secretary up for a trial in the Senate that likely will place him right back in his position.

Mayorkas became the first Cabinet member in nearly 150 years to be impeached after House Republicans led the charge to remove him following several investigative hearings on the secretary and his handling of border security. Now, the impeachment will go before the Senate, in which Democrats hold a slim majority and seem inclined to let Mayorkas keep his job.

Senate Majority Leader Chuck Schumer (D-NY) possesses several options to delay or dismiss the impeachment trial. However, he will need to rely on centrist Democrats to join the simple majority vote needed for a motion to dismiss.

Senate Republicans have also been cool to the idea of impeachment, viewing it as a politicized distraction, but they would likely oppose a move to throw out the trial completely.

What does a Senate trial look like?

Under the Constitution, the Senate sits as a “High Court of Impeachment” to consider evidence and hear from witnesses in a move to vacate or acquit the person who has been impeached. 

House managers, or members of the House who present the case against an impeached officer, will read the articles of impeachment on the Senate floor. Senate impeachment rules allow senators and parties in the case to place proposals before the Senate for a vote. However, modern Senate practice usually considers proposals by unanimous consent or by agreeing to a resolution by a majority vote. 

The presiding officer of the trial will take the oath of office and then swear in senators under an “oath or affirmation.” Standing rules require the Senate to conduct the trial and vote on the articles of impeachment in public, but lawmakers may debate the verdict behind closed doors before voting in public. 

House managers and counsel for the impeached officer – in this case, Mayorkas – can present opening and closing arguments. The Senate historically has placed time limits on the arguments and allows the side that goes first time for rebuttal.

A senator cannot speak for more than 15 minutes during deliberation on the Senate floor on whether an impeached officer is guilty and no more than 10 minutes on other questions. All senators are expected to attend the trial, but participation on the floor is optional. Questions can be submitted in writing to a witness, a House manager, or counsel for the impeached officer.

During the vote, senators are asked to vote “guilty” or “not guilty” on each article of impeachment separately. 

What’s the threshold for removal?

Impeachment requires a two-thirds majority vote of the Senate to convict, and there is no appeal.

Removal from office would follow immediately from a conviction, so there would not be a separate vote to remove Mayorkas from office if the Senate convicts him on the impeachment articles.

When will the trial start?

Senators, by unanimous consent, establish a time for the House managers to present the articles of impeachment to the Senate. The Senate must proceed to consider the articles at 1:00 p.m. the next day, unless the next day is a Sunday, or sooner if it is ordered, according to the Congressional Research Service. Historically, the Senate has organized an impeachment trial on the same day they are read on the floor.

Schumer’s office said in a statement that Senate President Pro Tempore Patty Murray (D-WA) will serve as presiding officer.

“The House impeachment managers will present the articles of impeachment to the Senate following the state work period,” Schumer said. “Senators will be sworn in as jurors in the trial the next day.”

The Senate has a state work period, or recess, from Wednesday until Feb. 23, according to the upper chamber’s schedule. The first day of the session is set for Feb. 26.

Impeachment rules require the Senate to convene at noon six days a week for the trial, but the Senate majority can alter the schedule. When the Senate is acting as a court of impeachment, the chamber cannot take up legislative or executive business.

What is the Senate likely to do?

Schumer is likely going to move to dismiss the trial altogether, with several Democratic leaders in the Senate agreeing that holding impeachment proceedings just amplifies the chaos in the House and prevents lawmakers from governing.

There are three avenues Schumer and Senate Democrats can take. One is to gather a simple majority vote to throw out the impeachment trial, which follows precedent. However, some vulnerable Democrats may want to avoid this method, as it sets them up for possible criticism from challengers and voters who could accuse them of not taking the charges against Mayorkas seriously.

To avoid taking a difficult vote at the risk of losing the support of centrist Democrats, the impeachment articles could also be referred to a special committee. The trial committees can hear and consider evidence and report back to the Senate. 

However, this would likely delay its findings for months, possibly until after Election Day this November, as it takes work and time to form a committee. This could also give an edge to Republicans, who could appoint firebrand senators to disrupt Democrats’ proceedings. Ultimately, it will bring the matter back to the Senate for an impeachment vote, so Democrats would only be delaying the problem.

A third option would be to raise a point of order, which Sen. Rand Paul (R-KY) did during former President Donald Trump’s second impeachment. He raised the question of whether the scope of the impeachment applied, given that Trump was no longer president. His efforts were quashed during a Senate vote.