Congress punts fight over Dreamers to March

Congress is poised to kick a heated immigration fight into overtime, with no clear path forward.

With the Senate rejecting four proposals — including President TrumpDonald John TrumpCoast Guard chief: 'Unacceptable' that service members must rely on food pantries, donations amid shutdown Dem lawmaker apologizes after saying it's never been legal in US to force people to work for free Grassley to hold drug pricing hearing MORE's preferred plan and a key bipartisan deal — and no viable backup plan in sight, lawmakers are poised to hit pause on the issue until at least next month as they go back to the drawing board.

It’s a stark contrast from just a week ago, when senators had hoped to gain momentum coming out of what they anticipated to be a freewheeling floor fight.

Instead, both sides are pointing fingers and raising fresh questions about what, if anything, can win over two deeply divided chambers and the White House.

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House Speaker Paul RyanPaul Davis RyanAs new Congress begins, federal-state connections are as important as ever Trump once asked Paul Ryan why he couldn’t be ‘loyal': book AEI names Robert Doar as new president MORE (R-Wis.) is now pointing to the end of March as the deadline for his chamber to take action on an immigration bill. He’s pledged he will only bring up legislation that has the president’s support, making it a non-starter for many Democrats.

Ryan called an initial March 5 date “an important deadline,” but added that “it’s not as important as it was before, given the court rulings.”

“But I think this — this place works better with deadlines, and we want to operate on deadlines. We clearly need to address this issue in March. I'll just leave it at that,” he said.

Meanwhile, some GOP senators are pointing to a March 23 spending bill as a new goal post.

"I don't know when it's going to be. Obviously we're going to have to deal with the DACA issue probably on the [omnibus] because of what has happened ... and extend it,” Sen. Bob CorkerRobert (Bob) Phillips CorkerSen. Risch has unique chance to guide Trump on foreign policy The Memo: Romney moves stir worries in Trump World Senate GOP names first female members to Judiciary panel MORE (R-Tenn.) told reporters, referring to the spending bill.

He added that he expected the mammoth spending bill could include a three-year extension of the Deferred Action for Childhood Arrivals (DACA) program, but that it “may be longer.”

Sen. John CornynJohn CornynGraham angers Dems by digging into Clinton, Obama controversies Trump tells GOP senators he’s sticking to Syria and Afghanistan pullout  Texas governor, top lawmakers tell Trump not to use hurricane relief funds to build border wall MORE (R-Texas), the No. 2 Senate Republican, also wouldn’t rule out sticking a short-term extension paired with some border security funding in the omnibus.

“If there can be some negotiation leading up to the omnibus, perhaps there will be some temporary provision, which to me is not great but it’s kind of where we are,” he said.

But both timelines are weeks after the March 5 date Trump initially set for Congress to pass a DACA fix or risk the deportation of roughly 700,000 "Dreamers," immigrants brought into the country illegally as children.

A judge issued an injunction in January forcing the administration to keep DACA on the books while litigation plays out. A second court ruling this month also allows current DACA recipients to keep renewing their status.

Though the court rulings have thrown Congress's timeline into flux, there’s no guarantee they can’t be overruled. And further complicating Dreamers' legal limbo, the Supreme Court could announce in a matter of days if they’ll hear the Trump administration’s appeal of the first injunction.

House Democrats, meanwhile, are bristling over the late March deadline, arguing GOP leadership is showing a lack of urgency over solving DACA.

House Minority Leader Nancy PelosiNancy Patricia D'Alesandro PelosiBudowsky: Pelosi can break shutdown stalemate GOP seeks to change narrative in shutdown fight Poll shows 25 percent view McConnell favorably, lowest among leaders in survey MORE (D-Calif.) said the notion that Ryan would delay action until the end of March “means he doesn't know the fear that they have instilled into the families and into the hearts of these children.”

“Anyone who says that we have until the end of March doesn't really understand the gravity of the situation,” Pelosi said Thursday. “Let's just get on with it. What are you afraid of?”

Rep. Steny HoyerSteny Hamilton HoyerHouse passes bill expressing support for NATO House Dems send McConnell shutdown stories, press for spending bill vote This week: Congress heading in opposite directions on shutdown plans MORE (Md.), the Democratic whip, delivered a similar message, saying the DACA issue should be dealt with long before Congress is forced to return to the issue of government spending, which expires March 23.

“The Speaker said he’s going to address this issue,” Hoyer said. “He’s got four legislative days left to do that before the fifth of March, and he hasn’t done anything.”

But despite Democrats’ demand for action it’s unclear what proposal could unite Congress either by March 5 or the end of that month.

Trump has lashed out at Democrats following the Senate’s failed debate, saying they have treated DACA recipients “badly” and “totally abandoned” them.

And the administration is turning its attention to the House, where it’s pushing for a conservative proposal spearheaded by Rep. Bob GoodlatteRobert (Bob) William GoodlatteHouse GOP probe into FBI, DOJ comes to an end Murkowski to reintroduce bill to help abused Native American women FBI hits GOP chairman over push to clear sensitive transcripts by Christmas Eve MORE (R-Va.).

“The next step will be for the House to continue advancing the proposal from Chairman Goodlatte and Chairman [Michael] McCaul [R-Texas],” the White House said in a statement.

Goodlatte’s plan would provide DACA recipients with temporary, renewable legal status — rather than citizenship — in exchange for authorizing funding for Trump’s border wall, ending family-based migration and scrapping the diversity visa lottery program.

It also includes tough border enforcement measures: The bill would crack down on so-called sanctuary cities, boost penalties for deported criminals who try to re-enter the U.S. and require that employers use an electronic verification system known as E-Verify to make sure they hire legal workers.

But there’s skepticism among House Republicans that the bill will be able to secure 218 votes, and it's widely considered dead on arrival in the Senate.

Meanwhile, members of the Senate bipartisan group said they would continue talking among themselves about how to win over more support.

"We're going to look at what Republicans and Democrats might be able to support in the future. ... It's a matter of bringing in more ... colleagues to clarify the concerns that they have [and] we need to be able to answer them,” said Sen. Mike RoundsMarion (Mike) Michael RoundsGrassley to test GOP on lowering drug prices Trump tells GOP senators he’s sticking to Syria and Afghanistan pullout  Senators look for possible way to end shutdown MORE (R-S.D.), a member of the group.

GOP Sens. John ThuneJohn Randolph ThuneRove warns Senate GOP: Don't put only focus on base Leaders nix recess with no shutdown deal in sight Senate advances measure bucking Trump on Russia sanctions MORE (S.D.), Rob PortmanRobert (Rob) Jones PortmanUSDA to recall more than 9,000 furloughed workers to provide farm aid Senate Dem introduces 'Stop Stupidity' act to end government shutdowns Senators look for possible way to end shutdown MORE (Ohio) and Jerry MoranGerald (Jerry) MoranOn The Money: Shutdown Day 26 | Pelosi calls on Trump to delay State of the Union | Cites 'security concerns' | DHS chief says they can handle security | Waters lays out agenda | Senate rejects effort to block Trump on Russia sanctions Senate rejects effort to block Trump on Russia sanctions Overnight Defense: Trump faces blowback over report he discussed leaving NATO | Pentagon extends mission on border | Senate advances measure bucking Trump on Russia sanctions MORE (Kan.) announced their own proposal immediately after the failed Senate votes, pairing permanent legal protections for DACA recipients with $25 billion in a border security trust fund.

But the legislation would likely spark backlash from Democrats because it doesn’t include a path to citizenship and would only apply to the roughly 700,000 current DACA recipients and not the larger 1.8 million Dreamers the chamber’s debate has centered around.

GOP Sen. Jeff FlakeJeffrey (Jeff) Lane FlakeSchumer recruiting top-notch candidate for McCain Senate seat The Hill's Morning Report — Trump eyes wall money options as shutdown hits 21 days Poll: Sanders most popular senator, Flake least MORE (Ariz.) is continuing to push for a proposal, which he initially offered as an amendment in the Senate debate, that would pair three years of DACA with three years of border security funding. Republican Sen. Lindsey GrahamLindsey Olin GrahamGraham angers Dems by digging into Clinton, Obama controversies Barr’s first task as AG: Look at former FBI leaders’ conduct Debate builds over making Mueller report public MORE (S.C.) predicted Congress would eventually settle on a one-year point, which he called a “missed opportunity.”

But it’s unclear when, or even if, the Senate will return to immigration. Both chambers are out of town until Feb. 26, and senators are expected to turn back to confirming Trump's nominees when they return. 

Cornyn said it’s unlikely a stand-alone bill would get floor time, and Senate Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellBudowsky: Pelosi can break shutdown stalemate GOP seeks to change narrative in shutdown fight On The Money: Shutdown Day 32 | Senate to vote on dueling funding measures | GOP looks to change narrative | Dems press Trump on recalled workers | Kudlow predicts economy will 'snap back' after shutdown MORE (R-Ky.) noted after the Senate’s failed debate that he had upheld his promise.

But he appeared to leave the door open to return to immigration if a bill emerged that could do what has so far been impossible: Unite Congress and the White House.

“This does not have to be the end of our efforts to resolve these matters,” he said. “I would encourage members to put away the talking points and get serious about finding a solution that can actually become law.”

— Mike Lillis contributed