GOP looks for Plan B after failure of immigration measures

Republicans are looking for a Plan B on immigration after a series of proposals were rejected Thursday in the Senate, leaving little time to act before nearly 1 million immigrants who came to the country illegally as children could face deportation.

Sen. John ThuneJohn Randolph ThuneFrustration builds in key committee ahead of Graham subpoena vote  The Hill's Morning Report - Presented by Facebook - US death toll nears 100,000 as country grapples with reopening GOP faces internal conflicts on fifth coronavirus bill MORE (S.D.), the No. 3 Republican in the Senate, is floating a proposal to extend the Deferred Action for Childhood Arrivals (DACA) program indefinitely in exchange for $25 billion for border security.

President TrumpDonald John TrumpMichael Flynn transcripts reveal plenty except crime or collusion 50 people arrested in Minneapolis as hundreds more National Guard troops deployed Missouri state lawmaker sparks backlash by tweeting 'looters deserve to be shot' MORE has opposed any deal that does not also include changes to two legal immigration programs, however.

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It is also far from clear that conservatives in the House would go along with the plan. GOP leaders in that chamber are trying to build support for a harder-line bill, though an initial version has come up short in whipping efforts.

Still, GOP lawmakers are taking a close look at new ideas after legislation based on Trump’s framework for an immigration deal won just 39 votes on Thursday — fewer than two other proposals. (Senate Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellSchumer to GOP: Cancel 'conspiracy hearings' on origins of Russia probe Overnight Health Care: Trump says US 'terminating' relationship with WHO | Cuomo: NYC on track to start reopening week of June 8 | COVID-19 workplace complaints surge 10 things to know today about coronavirus MORE [R-Ky.] also backed the measure, but changed his vote for procedural reasons.)

“People are talking about it quietly but not in front of the whole group yet,” a Republican senator said of conversations about a backstop.

GOP lawmakers acknowledge that Trump would need to endorse any fallback plan for it to have a chance of passing.

And such a turnaround seemed unlikely on Thursday, as Trump and the Department of Homeland Security railed against proposals falling short of his goals.

Trump, who just last month said he would sign any bill a group of senators sent to him, increasingly appears to be siding with immigration hard-liners in his administration, such as top White House aide Stephen Miller.

But after the failure of the bill based on Trump’s four-point proposal, Sen. Lindsey GrahamLindsey Olin GrahamSchumer to GOP: Cancel 'conspiracy hearings' on origins of Russia probe Graham announces hearing on police use of force after George Floyd killing In a new cold war with China, America may need to befriend Russia MORE (R-S.C.) said the president needs to retrench his expectations.

“The thing I like about [the Thune–Portman–Moran] proposal is it’s a two-pillar proposal,” he said.

The new GOP proposal, floated within hours of the failed votes, is also backed by Sens. Rob PortmanRobert (Rob) Jones PortmanSoured on Fox, Trump may be seeking new propaganda outlet On The Money: McConnell: Talking about fifth coronavirus bill 'in next month or so' | Boosted unemployment benefits on the chopping block | Women suffering steeper job losses from COVID-19 Kudlow: 0-per-week boost to unemployment benefits won't 'survive the next round of talks' MORE (R-Ohio) and Jerry MoranGerald (Jerry) MoranMemorial Day during COVID-19: How to aid our country's veterans Pass the Primary Care Enhancement Act Hillicon Valley: Facebook permanently shifting thousands of jobs to remote work | Congressional action on driverless cars hits speed bump during pandemic | Republicans grill TikTok over data privacy concerns MORE (R-Kan.). It would subject the Obama-era program shielding about 700,000 people from deportation to two-year renewal periods, according to a GOP source familiar with the proposal.

Such a bargain would extend “permanent protection to today’s Dreamers who are facing an uncertain future and finally [take] a meaningful step toward enhancing border security,” Thune said, referring to the immigrants covered by DACA.

Trump is demanding that a deal include $25 billion for his border wall, but the GOP plan would instead establish a $25 billion trust fund for border security and cap outlays at $5 billion a year.

Portman called it “a sensible and fair solution is to codify the protections for the DACA population that puts “in place stronger border security measures consistent with the president’s proposal.”  

Separately, Sen. Jeff FlakeJeffrey (Jeff) Lane Flake'Never Trump' Republicans: Fringe, or force to be reckoned with? The Memo: Can the Never Trumpers succeed? Former GOP Sen. Jeff Flake says he will not vote for Trump MORE (R-Ariz.) is shopping around another proposal that would extend DACA for three years in exchange for three years of bolstered border security funding.

That measure looks like a stretch — at least partly because of the retiring Flake’s poor relationship with Trump.

Trump isn’t the only hurdle that the Thune measure would face.

Senate Democrats seem very unlikely to back a package that includes $25 billion for border security and no pathway to citizenship for Dreamers. It would represent a significant step back from a deal put together by centrist senators from both parties this week, though that effort also failed to win a supermajority of 60 votes.

“Yeah, everything they wanted on the wall and next to nothing for Dreamers,” a Senate Democratic leadership aide said, waving aside the idea. 

It will also be opposed by some Senate Republicans.

Sen. David Perdue (R-Ga.), who has been in the middle of immigration talks, called the Thune idea “a fallback position,” but called for broader reform.

“Here’s the problem, it doesn’t end the cause of this and incentivizes a whole new generation of parents to bring their kids in illegally,” he said. “That’s the part that Democrats just really don’t want to face up.”

Sen. Tom CottonThomas (Tom) Bryant CottonDemocrats call on FTC to investigate allegations of TikTok child privacy violations GOP senators urge Trump not to restrict guest worker visas Chinese official accuses US of 'pushing our two countries to the brink of a new Cold War' MORE (R-Ark.) told reporters Thursday that a permanent fix for illegal immigrants who came to the country at a young age would be preferable.

He described himself as “hesitant” to embrace a temporary fix.

“It would be better for the people who are in the DACA program as well as better for our immigration system to have a permanent solution,” Cotton said.

“Part of the problem that people in the DACA program explain is when they only have one year, two years, three years of certainty, it’s hard for them to make big life decisions: to change a job, to move, to sign a mortgage,” he said.

Trump’s preferred framework also includes language reducing the weight of family relationships in decisions to grant green cards, and overhauling the diversity visa lottery program.

Trump gave Congress a March 5 deadline to replace DACA, but some lawmakers say they really have until June to come up with a solution because two federal judges have issued injunctions ordering the Trump administration to keep DACA in place, at least temporarily.

“It’s no longer a reality the deadline is March 5,” said Cotton. 

Cotton said the Supreme Court is not likely to rule on the issue until June and could even postpone it until the fall session, setting up a ruling around the time of the midterm elections. 

Republican senators say the most likely way for a fallback measure to reach Trump would be for it to be attached to an omnibus spending package Congress must pass before a March 23 deadline.

Senate Republican Whip John CornynJohn CornynGOP senators urge Trump not to restrict guest worker visas Castro, Warren, Harris to speak at Texas Democratic virtual convention Democratic unity starts to crack in coronavirus liability reform fight MORE (Texas) told reporters that he didn't see an immigration backstop plan getting dedicated floor time. He said it might be possible to attach something to the omnibus, however.

Jordain Carney contributed.