FEATURED:

GOP split on immigration is a crisis for Ryan’s team

GOP split on immigration is a crisis for Ryan’s team
© Greg Nash

Momentum is building for an insurgent effort by centrist Republicans to force immigration votes on the House floor despite GOP leadership’s attempt to tamp down the rebellion. 

The unfolding legislative battle is a nightmare for Speaker Paul RyanPaul Davis RyanSaudi mystery drives wedge between Trump, GOP GOP group makes late play in Iowa seat once seen as lost Adelsons donated M in September to help GOP in midterms MORE (R-Wis.) and his lieutenants, because it exposes a fervent intraparty split in the GOP and pits leadership against many of the politically vulnerable members that are key to saving the Republican majority this fall. 

ADVERTISEMENT

A pair of GOP lawmakers on Wednesday signed on to a discharge petition that would set up a series of votes on immigration bills on the House floor later this year. The move came just hours after party leaders pleaded with rank-and-file members to stand down.

Rep. John KatkoJohn Michael KatkoCook Political Report shifts 7 more races towards Dems Midterms put GOP centrists in peril Cyberattacks are a constant fear 17 years after 9/11 MORE (R-N.Y.), a leader of the moderate Tuesday Group, and Rep. Dave TrottDavid Alan TrottElection Countdown: Cruz, O'Rourke fight at pivotal point | Ryan hitting the trail for vulnerable Republicans | Poll shows Biden leading Dem 2020 field | Arizona Senate debate tonight House battlefield expands as ad wars hit new peak Dems seek to rebuild blue wall in Rust Belt contests MORE (R-Mich.), who is retiring from Congress, both signed their names to the petition, becoming the 19th and 20th Republicans to do so.

Now, just five more Republican signatures are needed to force the immigration votes if all 193 Democrats join the effort.

“We will have more Republicans signing on this week, and a lot more Democrats signing on. I am confident we all have the votes we need,” said Rep. Jeff DenhamJeffrey (Jeff) John DenhamDems target small cluster of states in battle for House Poll: Dems lead in 5 critical California House seats Dems announce third-quarter fundraising bonanza MORE (R-Calif.), who is leading the effort with Reps. Carlos CurbeloCarlos Luis CurbeloDems see blue 'tsunami' in House as Senate path narrows GOP spokeswoman says Republicans will lose House seats in midterms Cook Political Report shifts 7 more races towards Dems MORE (R-Fla.) and Will HurdWilliam Ballard HurdElection Countdown: Dems outraise GOP in final stretch | 2018 midterms already most expensive in history | What to watch in second Cruz-O'Rourke debate | Trump raises 0M for reelection | Why Dems fear Avenatti's approach Dems struggle to mobilize Latino voters for midterms Election Countdown: Florida candidates face new test from hurricane | GOP optimistic about expanding Senate majority | Top-tier Dems start heading to Iowa | Bloomberg rejoins Dems | Trump heads to Pennsylvania rally MORE (R-Texas). All three lawmakers are facing challenging elections this fall.

Denham added, “I’m not saying when our timeline is. I’m saying we have enough commitments to make sure we’re going to be successful.”

The coming days will see a battle for those remaining five votes. Denham and Rep. Fred UptonFrederick (Fred) Stephen UptonMidterms put GOP centrists in peril GOP, White House start playing midterm blame game Dems seek to rebuild blue wall in Rust Belt contests MORE (R-Mich.), who are leading the discharge whip operation, will be targeting those who have spoken favorably of the “Dreamer” issue but have yet to sign.

But those same Republicans are being whipped by GOP leadership not to sign. Ryan and House Majority Leader Kevin McCarthyKevin Owen McCarthyDemocrats in swing districts advised to avoid talking about immigration The Hill's Morning Report — Presented by the Coalition for Affordable Prescription Drugs — Trump travels to hurricane-ravaged Florida, Georgia McCarthy brother-in-law under scrutiny for earning federal contracts based on Native American identity claim MORE (R-Calif.) reiterated during a closed-door meeting with Republicans on Wednesday that such a petition effectively cedes control of the floor to Democrats.

McCarthy’s warning to GOP colleagues was even more dire: If a discharge petition goes forward, he said, it could cost Republicans the House majority in the November midterm elections.

“I disagree with his assessment, but there were a number of members of leadership that were expressing those concerns,” said Denham, who represents an agriculture-heavy district in the Central Valley. 

Among the targeted lawmakers are retiring Reps. Frank LoBiondoFrank Alo LoBiondoHouse GOP group cuts financial support for Coffman, Bishop Jordan hits campaign trail amid bid for Speaker On The Money: Broad coalition unites against Trump tariffs | Senate confirms new IRS chief | Median household income rose for third straight year in 2017 | Jamie Dimon's brief battle with Trump MORE (R-N.J.) and Joe BartonJoe Linus BartonConservatives blame McCarthy for Twitter getting before favorable committee Worst-case scenario for House GOP is 70-seat wipeout Latina Leaders to Watch 2018 MORE (R-Texas), along with moderate Reps. Adam KinzingerAdam Daniel KinzingerOvernight Defense: Officials rush to deny writing anonymous op-ed | Lawmakers offer measure on naming NATO headquarters after McCain | US, India sign deal on sharing intel Lawmakers introduce resolution to back naming NATO headquarters after McCain Satellite images raise alarms about North Korean nukes MORE (R-Ill.), Chris StewartChristopher (Chris) Douglas StewartGOP lawmaker: Trump comments about Stormy Daniels 'unpresidential' Lawmakers fail to pass annual intel bill after key Dem objects House panel signals Russia probe document dump before midterms MORE (R-Utah), Bruce PoliquinBruce Lee PoliquinCredit union group to spend .8 million for vulnerable Dem, GOP incumbents Dems announce third-quarter fundraising bonanza Overnight Health Care: Arkansas scraps Medicaid for thousands | Uninsured rate steady in Trump's first year | GOP counters ObamaCare attacks with talk of Medicare MORE (R-Maine), Dan NewhouseDaniel (Dan) Milton NewhouseRecord numbers of women nominated for governor, Congress House GOP refuses to boost funding for election security GOP will vote on immigration next week, sinking discharge petition MORE (R-Wash.), David YoungDavid Edmund YoungVulnerable Republicans throw ‘Hail Mary’ on pre-existing conditions Trump touts Kavanaugh confirmation at raucous Iowa rally Trump: ‘Dems will end ethanol’ MORE (R-Iowa) and Tom ReedThomas (Tom) W. ReedDemocrats see hypocrisy in GOP attacks on ‘liberal mob’ GOP on timing of Haley’s announcement: 'Unusual' and 'odd' Moderate Blue Dogs endorse House rules overhaul to break gridlock MORE (R-N.Y.), co-chairman of the Problem Solvers Caucus. 

Other possible signers, such as Reps. David JoyceDavid Patrick JoyceDems seek to rebuild blue wall in Rust Belt contests The Hill's 12:30 Report Bipartisan lawmakers agree — marijuana prohibition has failed and it’s time to change the law MORE (R-Ohio) and Brian MastBrian Jeffrey MastDems outraising Republicans in final stretch of midterms Cook moves status of 6 House races as general election sprint begins Rep. Mast wins GOP nod after facing two primary challengers MORE (R-Fla.), say they stand in solidarity with pro-immigration backers; they just don’t like the legislative procedures that are being used.

“That is not a tactic I think we should employ,” Joyce, a member of the Tuesday Group, told The Hill.

Vulnerable Rep. Barbara ComstockBarbara Jean ComstockComey donates maximum amount to Democratic challenger in Virginia House race Dems outraising Republicans in final stretch of midterms Dems target small cluster of states in battle for House MORE (R-Va.), a close leadership ally, said she’s against discharge petitions in general but added that she expects Congress to move on immigration soon.

“I think we’ve got to get everybody in a room and keep working on this like we’ve been trying to,” she said.

The backers of the discharge petition are desperate to vote on legislation to help recipients of the Deferred Action for Childhood Arrivals (DACA) program before the midterms. Trump is ending the Obama-era program that allows immigrants came to the United States illegally as children to live, work and attend school without fear of deportation.

But the courts have blocked Trump from rescinding DACA, taking away the original March 5 deadline — and the sense of urgency — for Congress to come up with a permanent solution.

GOP leaders assured members during Wednesday’s conference meeting that they are still working to bring an immigration bill to the floor. Under new pressure, Ryan and McCarthy met with Trump at the White House on Tuesday to try to come up with legislation that would have the backing of Republicans, Democrats and the president.

“We don’t want to advance something that won’t become law and just get vetoed even if it made it to the president’s desk,” Ryan told reporters Wednesday. “We want to advance something that has a chance of going into law that the president supports.”

After the petition hit its 20th signature, the top four members of leadership — along with Deputy Whip Patrick McHenryPatrick Timothy McHenryOn The Money: Midterms to shake up House finance panel | Chamber chief says US not in trade war | Mulvaney moving CFPB unit out of DC | Conservatives frustrated over big spending bills Midterms to shake up top posts on House finance panel Kavanaugh hires attorney amid sexual assault allegations: report MORE (R-N.C.) — huddled with both the discharge backers and opponents in separate meetings on Wednesday night. 

Curbelo, Upton and Denham said leaders kicked around some ideas for an immigration bill. Curbelo emphasized that they aren’t on the edge of a deal yet, but described the meeting as “productive” and “moving in the right direction.” 

“Clearly we have had a positive impact on leadership and on this institution, because now this issue is being taken seriously,” Curbelo told reporters outside of Ryan’s office. “We have our plan, we’re sticking to it, but we’re willing to see what theirs looks like.”

But if leadership does not bring immigration legislation to the floor in the coming weeks, more Republicans have warned they may sign the petition.

“I do reserve the right to, if leadership doesn’t keep their word and bring some bills to the floor pretty quickly,” said Barton, who is a co-sponsor of the DREAM Act. 

If the effort does secure 218 signatures, there is little Ryan and his top lieutenants can do to stop the effort. But there are a few options that discharge opponents are pressing them to use.

A House rule says discharge petitions can only be considered on the second and fourth Mondays of each month. So one idea is to have Ryan cancel those days that the House is in session — a move that would enrage discharge backers.

The other controversial idea, pushed by members of the far-right House Freedom Caucus, is to have Ryan bring up a standalone vote on a more conservative immigration bill sponsored by House Judiciary Committee Chairman Bob GoodlatteRobert (Bob) William GoodlatteFusion GPS co-founder pleads the Fifth following House GOP subpoena House Judiciary chairman threatens to subpoena Rosenstein Fusion GPS co-founder will invoke 'constitutional rights not to testify': lawyers MORE (R-Va.) and House Homeland Security Committee Chairman Michael McCaulMichael Thomas McCaulSenate passes key cyber bill cementing cybersecurity agency at DHS Hillicon Valley: Trump stuns with election interference claim against China | FCC limits fees for 5G | Uber reaches 8M settlement over breach | Fox sells Sky stake to Comcast | House passes bills to fix cyber vulnerabilities Sessions calls on former colleagues to send drone legislation to Trump's desk MORE (R-Texas). Lawmakers say that would effectively kill the discharge petition because it calls for votes on various immigration bills — including Goodlatte-McCaul.

Supporters of the petition could just file a new petition, but it would force them to restart the clock. They also would lose at least one signature, because former Rep. Charlie DentCharles (Charlie) Wieder DentMidterms put GOP centrists in peril House GOP group cuts financial support for Coffman, Bishop GOP House candidate placed on leave from longtime position after sexual misconduct allegation MORE (R-Pa.) has left Congress since signing the petition.

“We are nervous that we think this immigration thing is coming quickly,” said Rep. Jim JordanJames (Jim) Daniel JordanHouse Judiciary chairman threatens to subpoena Rosenstein Poll: Republicans narrowly prefer Jordan to lead House GOP House panels postpone meeting with Rosenstein MORE (R-Ohio), a Freedom Caucus leader. “So we’re trying to figure out ways we can do right on immigration.”

Some Freedom Caucus members said they would be willing to back a pending GOP farm bill if Ryan agrees to put the standalone bill from Goodlatte and McCaul on the floor to derail the discharge petition. 

While leadership wants to pass the farm bill, a vote on the Goodlatte-McCaul legislation — which does not have the votes to pass now — could be politically embarrassing and force members to take a position on a bill that has little chance to become law this year.

It’s unclear whether leadership is seriously considering the idea; Freedom Caucus Chairman Mark MeadowsMark Randall MeadowsFusion GPS co-founder pleads the Fifth in Congress, attorney cries McCarthyism Fusion GPS co-founder pleads the Fifth following House GOP subpoena Trump makes new overtures to Democrats MORE (R-N.C.) and several other members met with leaders on Wednesday night.

And Denham pointed out that the idea would only work if enough GOP lawmakers agreed to support the rule allowing the Goodlatte-McCaul  bill to come to the floor. Democrats routinely vote against such procedural motions.

“If they’re going to bring up a bill, that bill also has to come up on a rule first,” Denham said, “and I don’t think the rule would have enough votes.”