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 RyanPelosi calls on Ryan to bring long-term Violence Against Women Act to floor Juan Williams: America warms up to socialism Jordan hits campaign trail amid bid for Speaker 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. 

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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 KatkoCyberattacks are a constant fear 17 years after 9/11 House Republicans push for vote on Violence Against Women Act Protesters confront Ivanka Trump on family separations MORE (R-N.Y.), a leader of the moderate Tuesday Group, and Rep. Dave TrottDavid Alan TrottRecord numbers of women nominated for governor, Congress Key primaries in August will help shape midterms GOP doubles female recruits for congressional races 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 DenhamTrump attacks Dems on farm bill House Republicans push for vote on Violence Against Women Act Steyer group launching 0,000 digital ad campaign targeting millennials MORE (R-Calif.), who is leading the effort with Reps. Carlos CurbeloCarlos Luis CurbeloThe Hill's Morning Report — Sponsored by Better Medicare Alliance — Cuomo wins and Manafort plea deal Hillicon Valley: North Korean IT firm hit with sanctions | Zuckerberg says Facebook better prepared for midterms | Big win for privacy advocates in Europe | Bezos launches B fund to help children, homeless Bipartisan trio asks US intelligence to investigate ‘deepfakes’ MORE (R-Fla.) and Will HurdWilliam Ballard HurdDem introduces bill to create federal cybersecurity apprenticeship program Koch group launches digital ads in tight Texas House race Gingrich: Bushes view themselves as closer to Obamas, Clintons than to Trump 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 UptonGOP: The economy will shield us from blue wave Republicans mull new punishments for dissident lawmakers Key primaries in August will help shape midterms 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 McCarthyThe Hill's Morning Report — Sponsored by United Against Nuclear Iran — Kavanaugh confirmation in sudden turmoil GOP: The economy will shield us from blue wave Jordan hits campaign trail amid bid for Speaker 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 LoBiondoJordan 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 Blue-state Republicans say they will vote against 'tax cuts 2.0' if it extends SALT cap 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 StewartDem says he'll investigate Trump money laundering allegations if House flips Interior Department should not remove the ovaries of wild horses GOP advances bill demanding documents from FBI MORE (R-Utah), Bruce PoliquinBruce Lee PoliquinOvernight Health Care: Arkansas scraps Medicaid for thousands | Uninsured rate steady in Trump's first year | GOP counters ObamaCare attacks with talk of Medicare GOP uses Sanders’s Medicare plan in attacks on Democrats GOP lawmaker urges people to wear New Balance instead of Nike over Kaepernick deal 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 YoungRepublicans blast party's strategy for keeping House majority The Hill's 12:30 Report The Hill's Morning Report — GOP seeks to hold Trump’s gains in Midwest states MORE (R-Iowa) and Tom ReedThomas (Tom) W. ReedJordan hits campaign trail amid bid for Speaker Overnight Health Care: Kavanaugh questioned if Roe v. Wade was 'settled law' in leaked email | Senate to vote next week on opioid package | Officials seek to jail migrant children indefinitely | HHS chief, lawmakers meet over drug prices House Republicans huddle on 'tax cuts 2.0' MORE (R-N.Y.), co-chairman of the Problem Solvers Caucus. 

Other possible signers, such as Reps. David JoyceDavid Patrick JoyceThe Hill's 12:30 Report Bipartisan lawmakers agree — marijuana prohibition has failed and it’s time to change the law Cannabis advocates urge lawmakers to tackle tax provision MORE (R-Ohio) and Brian MastBrian Jeffrey MastRep. Mast wins GOP nod after facing two primary challengers Key races to watch as Florida, Arizona head to polls GOP lawmaker appears on right-wing radio show hosted by 'anti-Islam' commentators 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 ComstockVirginia reps urge Trump to declare federal emergency ahead of Hurricane Florence The Hill's Morning Report — Sponsored by Better Medicare Alliance — 2020 hopefuls lead the charge against Kavanaugh Trump retweets GOP Senate candidate upset by federal pay freeze 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 McHenryKavanaugh hires attorney amid sexual assault allegations: report GOP says House votes will take place despite Hurricane Florence Trump calls North Carolina redistricting ruling ‘unfair’ 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 GoodlatteVirginia reps urge Trump to declare federal emergency ahead of Hurricane Florence Republicans mull new punishments for dissident lawmakers Republicans ready to grill Bruce Ohr as Trump-DOJ feud escalates MORE (R-Va.) and House Homeland Security Committee Chairman Michael McCaulMichael Thomas McCaulHillicon Valley: Manafort to cooperate with Mueller probe | North Korea blasts US over cyber complaint | Lawmakers grill Google over China censorship | Bezos to reveal HQ2 location by year's end Overnight Defense: Details on defense spending bill | NATO chief dismisses talk of renaming HQ for McCain | North Korea warns US over cyber allegations Bipartisan House group presses Google over China censorship 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 DentGOP House candidate placed on leave from longtime position after sexual misconduct allegation Election handicapper moves GOP leader's race to 'toss-up' The Hill's 12:30 Report 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 JordanJordan says FBI used 'crushing power of the state' to probe Trump campaign based on dossier GOP lawmakers nearing deal to get Nellie Ohr to testify The Hill's Morning Report — Sponsored by United Against Nuclear Iran — Kavanaugh confirmation in sudden turmoil 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 MeadowsGraham to renew call for second special counsel Hillicon Valley: Sanders finds perfect target in Amazon | Cyberattacks are new fear 17 years after 9/11 | Firm outs alleged British Airways hackers | Trump to target election interference with sanctions | Apple creating portal for police data requests Graham: Obama, not Trump, politicized DOJ and FBI 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.”