Senate moving ahead with border bill, despite Trump

Senate moving ahead with border bill, despite Trump
© Greg Nash - Anna Moneymaker

Senate Republicans on Wednesday said legislation is still needed to address the overflow of detained immigrants at the border, but they are unlikely to pick up enough Democrats to get a bill to President TrumpDonald John TrumpLondon terror suspect’s children told authorities he complained about Trump: inquiry The Memo: Tide turns on Kavanaugh Trump to nominate retiring lawmaker as head of trade agency MORE’s desk.

Republicans unveiled a bill that merged a variety of ideas put forth by Senate Republican Whip John CornynJohn CornynKey GOP senators appear cool to Kavanaugh accuser's demand Trump, GOP regain edge in Kavanaugh battle GOP mulls having outside counsel question Kavanaugh, Ford MORE (Texas) and Sens. Thom TillisThomas (Thom) Roland TillisTrump assures storm victims in Carolinas: 'We will be there 100 percent' North Carolina governor: We saw ‘significant damage’ in eastern part of state GOP senator on allegation against Kavanaugh: 'Why on Earth' wasn't it discussed earlier? MORE (R-N.C.), Ted CruzRafael (Ted) Edward CruzSinger Leon Bridges to join Willie Nelson in performing at O’Rourke rally Election Countdown: Trump confident about midterms in Hill.TV interview | Kavanaugh controversy tests candidates | Sanders, Warren ponder if both can run | Super PACs spending big | Two states open general election voting Friday | Latest Senate polls Poll: Beto O'Rourke leads Cruz by 2 points in Texas Senate race MORE (R-Texas) and Tom CottonThomas (Tom) Bryant CottonGOP senators condemn 'vulgar' messages directed at Collins over Kavanaugh GOP turns its fire on Google Overnight Defense: Trump denies report he's looking at Mattis replacements | Inhofe officially gets Armed Services gavel | Trump revives shutdown threat MORE (R-Ark.) as they seek one package that can win the support of the entire GOP conference.

A large group of senators, Democrats and Republicans, met Wednesday afternoon in centrist Sen. Susan CollinsSusan Margaret CollinsCollins: My office has gotten 'pretty ugly voicemails, threats' over Kavanaugh The Memo: Tide turns on Kavanaugh Budowsky: Kavanaugh and the rights of women MORE’s (R-Maine) office to find shared principles that could serve as the basis for a compromise bill.

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“The idea is to make sure we are bringing people from both sides of the aisle together,” said Sen. Cory GardnerCory Scott GardnerSome employees' personal data revealed in State Department email breach: report Colorado governor sets up federal PAC before potential 2020 campaign Hillicon Valley: Trump signs off on sanctions for election meddlers | Russian hacker pleads guilty over botnet | Reddit bans QAnon forum | FCC delays review of T-Mobile, Sprint merger | EU approves controversial copyright law MORE (R-Colo.), who heads the Senate GOP campaign arm and attended the meeting. “Family separation, that’s what we want to stop. How do we come together as two parties to do that?”


Trump diffused the growing political crisis on Wednesday by signing an executive order that authorizes border agents to keep children with their detained parents indefinitely, which will likely end the spectacle of kids being forcibly removed from their families.

Regardless, GOP lawmakers say legislation must move forward.

“It would be helpful to codify some of that stuff. I think it eliminates the uncertainty and potential legal challenges,” said Senate Republican Conference Chairman John ThuneJohn Randolph ThuneWant to improve health care? Get Americans off of their couches More Dems want focus on job creation than wage growth Google, Apple, Amazon execs to testify at Senate privacy hearing this month MORE (S.D.).

Cornyn, who met with Trump about a trade issue along with other members Wednesday, said the president approved of Congress moving forward with legislation during the White House meeting.

Republicans say a 1997 legal settlement known as the Flores settlement agreement, which does not allow children to be detained at the border beyond 20 days, must be reversed by an act of Congress.

“I think the Flores decision has to be dealt with legislatively,” said Sen. Rob PortmanRobert (Rob) Jones PortmanGraham calls handling of Kavanaugh allegations 'a drive-by shooting' Overnight Health Care: Senators target surprise medical bills | Group looks to allow Medicaid funds for substance abuse programs | FDA launches anti-vaping campaign for teens Bipartisan group wants to lift Medicaid restriction on substance abuse treatment MORE (R-Ohio).

Without legislation, Republicans warned that Trump’s executive order could get bogged down or potentially overturned in court, prolonging a political fight that has plagued the administration’s actions on immigration.

“Ultimately it would be ideal if we could back that up by passing a law that does it so there wouldn’t be a court uncertainty,” said Sen. Marco RubioMarco Antonio RubioRubio unloads on Turkish chef for 'feasting' Venezuela's Maduro: 'I got pissed' For Poland, a time for justice Judiciary Democrat calls for additional witnesses to testify on Kavanaugh MORE (R-Fla.). “You’re a court ruling away from being back to the same thing, potentially.”

Trump’s decision came after his “zero tolerance” policies that resulted in the separation of migrant families along the U.S.-Mexico border sparked intense, days-long backlash from GOP leadership and high-profile figures in the party.

But Republicans were caught flat-footed by Trump’s controversial policy, and the administration dispatched Attorney General Jeff SessionsJefferson (Jeff) Beauregard SessionsTrump attack on Sessions may point to his departure Hillicon Valley: Trump's exclusive interview with Hill.TV | Trump, intel officials clash over Russia docs | EU investigating Amazon | Military gets new cyber authority | Flynn sentencing sparks new questions about Mueller probe Sessions in Chicago: If you want more shootings, listen to ACLU, Antifa, Black Lives Matter MORE to a closed-door GOP lunch to try to explain the administration’s thinking.

Trump’s executive order would keep families detained along the border “together where appropriate and consistent with law and available resources.”

The order could lessen the chances the Senate ultimately passes legislation, where immigration is a political lightning rod and lawmakers were already running into partisan headwinds as senators lined up behind competing bills.

Underscoring the political tensions, Cruz questioned if Democrats would block legislation so they could use the issue as a political football for November’s midterm elections.

“I’m hopeful Democrats will work with us to end family separation,” Cruz said. “The question is, do congressional Democrats want to actually solve the problem or do they want an issue to campaign on in November?”

Democrats are deeply skeptical about passing a bill that would codify Trump’s order, arguing that it would support his zero tolerance policy of prosecuting illegal border crossers instead of deporting them.

They argue that it’s inhumane to detain children along with their parents indefinitely.

“To the extent that families can stay together that’s a good thing, but indefinite family detention is not a solution to the problem,” said Sen. Bob MenendezRobert (Bob) MenendezDems urge tech companies to remove 3D-gun blueprints Dem senators introduce resolution calling on Trump to stop attacking the press Booming economy has Trump taking a well-deserved victory lap MORE (N.J.), a leading Democratic voice on immigration.  

“It does not solve the problem,” Sen. Kirsten GillibrandKirsten Elizabeth GillibrandGillibrand: Kavanaugh accuser shouldn't participate in 'sham' hearing Booker: It would be ‘irresponsible’ not to consider running for president Ex-GOP donor urges support for Dems in midterms: 'Democracy is at stake' MORE (D-N.Y.) said of Trump’s order. “Indefinite detainment of families is also inhumane. These children should be in school.”

Gillibrand, who is seen as a possible 2020 presidential candidate, said a narrow bill codifying Trump’s order is insufficient and Congress should instead pass comprehensive immigration reform.

But lawmakers in both parties have warned that broad immigration legislation would never be able to clear Congress. A February immigration fight in the Senate resulted in a stalemate, and Senate Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellKey GOP senators appear cool to Kavanaugh accuser's demand Trump hints at new executive action on immigration, wants filibuster-proof Senate majority The Hill's Morning Report — Sponsored by United Against Nuclear Iran — The Hill interviews President Trump MORE (R-Ky.) has shut down holding another broad, freewheeling debate. 

It remains to be seen if McConnell will want to tackle immigration again in the wake of Trump’s executive order. McConnell is co-sponsoring legislation introduced by Tillis and other Republicans on Wednesday. But if immigration fades from the headlines, McConnell could opt to move to other matters — such as voting on Trump’s pending nominees.

House Republicans, meanwhile, have struggled to get on the same page on immigration. Two immigration bills that call for major changes to immigration law — including allowing detained parents to be with their children — don’t appear to have the votes to pass the lower chamber. 

Sen. Dianne FeinsteinDianne Emiel FeinsteinThe Memo: Tide turns on Kavanaugh Grassley wants unredacted version of letter from Kavanaugh's accuser Gillibrand: Kavanaugh accuser shouldn't participate in 'sham' hearing MORE (D-Calif.) has proposed a bill that has the backing of the entire Democratic caucus that would prohibit law enforcement from taking a child from a parent or legal guardian within 100 miles of the border. She said any Republican proposal to detain families together would be problematic.

Feinstein doesn’t think any sweeping immigration bill can pass Congress any time soon.  

“That means to me that we have to gather certain very precise rallying principles,” she added.

A senior Democratic aide called Republican legislation to keep detained families together “a complete waste of time” and said it’s being used as a “shiny object” to detract attention from Trump’s unwillingness to reverse his zero tolerance policy.

Senate Democratic Leader Charles SchumerCharles (Chuck) Ellis SchumerTrump, GOP regain edge in Kavanaugh battle READ: President Trump’s exclusive interview with Hill.TV The Hill's 12:30 Report — Trump slams Sessions in exclusive Hill.TV interview | Kavanaugh accuser wants FBI investigation MORE (N.Y.) on Tuesday dismissed questions about Democrats backing a GOP bill to address the border crisis, arguing it’s the president’s responsibility.

Schumer didn’t address legislation in his immediate reaction to the executive order Wednesday afternoon, instead saying it was a “relief that the president has reversed himself.”

“I also hope this represents a turning point and that the president will stop blaming others for problems he creates and start fixing them himself,” Schumer said in a statement.

Some Republican senators think that Schumer is purposely dragging his feet because Trump is taking a beating in the media over the controversy.

“Schumer doesn’t want to cooperate because this is such a wonderful issue for them,” said one Republican senator. “I’m sure he’s loving the headlines every morning.”