Congress seeks to avoid new shutdown: Five things to watch

Lawmakers are racing against the clock to resolve the feud over President TrumpDonald John TrumpTrump says he will 'temporarily hold off' on declaring Mexican drug cartels as terror organization House Judiciary Committee formally receives impeachment report Artist behind gold toilet offered to Trump sells banana duct-taped to a wall for 0,000 MORE’s U.S.-Mexico border wall and prevent another partial government shutdown.

The gang of 17 bipartisan lawmakers from both chambers, their staffs and members of leadership are entering a crucial stretch of negotiations this weekend as they try to lock down the remaining sticking points, including the level of funding for physical barriers along the southern border.

ADVERTISEMENT

Congress has until Feb. 15 to strike a deal that could avoid another funding lapse for approximately a quarter of the government, but lawmakers say they need to file legislation by Monday in order to get an agreement through both chambers before the end of the week. If they’re successful, it would mark a major victory just weeks after the longest shutdown in U.S. history ended, on Jan. 25.

Here are five things to watch.

Barrier money

The amount of money for physical barriers remains a significant point of contention as negotiators try to reach an agreement.

Trump has demanded a final deal include $5.7 billion for a wall — an amount that is unlikely to pass the Democratic-controlled House or get the 60 votes needed to advance in the Senate, where Republicans hold a 53-47 majority. Federal border officials reiterated that funding request during a closed-door briefing with conference committee members.

By Friday, negotiators seemed to have narrowed the range to amounts well below Trump’s request.

“I want the highest possible number we can get, but I would hope it would be north of $2 [billion],” said Rep. Chuck FleischmannCharles (Chuck) Joseph FleischmannTrump roasts Republicans at private fundraising event Trump faces new hit on deficit Lawmakers concede they might have to pass a dreaded 'CR' MORE (R-Tenn.).

ADVERTISEMENT

While Democrats have signaled an openness to some fencing, it’s all but guaranteed the final agreement will not give Trump the amount he wants for the remainder of fiscal 2019, which ends on Sept. 30. Rep. Henry Cuellar (D-Texas) added that there was “no way” the $5.7 billion would make it into the final agreement.

Democrats are struggling to keep the figure below $1.6 billion. That was how much the Senate’s initial Department of Homeland Security (DHS) bill, which had bipartisan support, allotted for physical barriers, including 65 miles of new fencing.

But House Democrats, who never signed on to that legislation, see their starting position as zero. An alternative approach of extending 2018 funding levels would allow for $1.3 billion to reinforce existing fences but that money would have to be reprogrammed.

Narrow deal parameters

A clear-the-barn bargain that would resolve the years-long immigration fight and tackle other looming battles, like the debt ceiling, is all but off the table now that negotiators are working on a narrow agreement.

The president’s offer to end the last shutdown included a three-year extension of legal protections for many Deferred Action for Childhood Arrivals (DACA) recipients and some temporary protected status (TPS) holders. But Democrats quickly dismissed that overture, and hopes of an immigration deal have largely faded.

Democrats have since proposed adding $7.2 billion in disaster relief funding to help recovery efforts from hurricanes in Texas and Florida, as well as wildfires in California.

But Republicans are in disagreement over funds being set aside for Puerto Rico, which is still rebuilding from the devastation caused by Hurricane Maria in 2017.

Both parties want to avoid engaging in budgetary gimmicks or exceeding the $49.1 billion cap for the DHS funding bill being negotiated. That means any spending increases for border barriers will cut into their other priorities.

The Pelosi-progressives relationship

A border deal could mark the first difficult vote for Speaker Nancy PelosiNancy PelosiHouse Judiciary Committee formally receives impeachment report Overnight Energy: Pelosi vows bold action to counter 'existential' climate threat | Trump jokes new light bulbs don't make him look as good | 'Forever chemicals' measure pulled from defense bill Overnight Health Care — Presented by Johnson & Johnson – House progressives may try to block vote on Pelosi drug bill | McConnell, Grassley at odds over Trump-backed drug pricing bill | Lawmakers close to deal on surprise medical bills MORE (D-Calif.) and a resurgent progressive caucus that includes several freshmen from bright blue districts who have drawn hard lines on abolishing Immigrations and Customs Enforcement (ICE) and fiercely opposing Trump’s wall.

Democratic Reps. Alexandria Ocasio-CortezAlexandria Ocasio-CortezOcasio-Cortez: 'Won't you look at that: Amazon is coming to NYC anyway' House approves two-state resolution in implicit rebuke of Trump Biden: Media misinterpreted Ocasio-Cortez's impact on Democrats MORE (N.Y.), who rose to prominence with her June primary defeat of House Democratic Caucus Chairman Joseph Crowley, and Ayanna PressleyAyanna PressleyBooker unveils legislation for federal bill to ban discrimination against natural hair House approves two-state resolution in implicit rebuke of Trump Al Green calls for including Trump's 'racism' in impeachment articles MORE (Mass.), Ilhan OmarIlhan OmarHouse approves two-state resolution in implicit rebuke of Trump Al Green calls for including Trump's 'racism' in impeachment articles Republicans disavow GOP candidate who said 'we should hang' Omar MORE (Minn.) and Rashida TlaibRashida Harbi TlaibHouse approves two-state resolution in implicit rebuke of Trump House moves ahead on long-stalled resolution supporting two states for Israelis and Palestinians GOP leader says he had 'a hard time' believing Pelosi MORE (Mich.) circulated a “dear colleague” letter asking the conference committee to "not allocate any additional funding" to DHS, ICE or Customs and Border Protection. The Congressional Hispanic Caucus is also urging conferees to reject any proposed increase in detention beds or wall funding.

Pelosi has repeatedly said she would not support funding for a wall, but also threw her weight behind the negotiating committee.

“I told them, whatever you come to agreement on — bipartisan agreement — I will support,” Pelosi said Wednesday.

If the vote is expected to be bipartisan, Pelosi, who is known for being a shrewd vote counter, could decide to let some members oppose the measure because it would likely pass with support from centrist GOP lawmakers.

When asked if she would lose a significant number of Democrats on a deal, Pelosi told Roll Call: “I hope not. I certainly hope not.”

Where Trump stands

The president remains the largest, and most significant, unknown when it comes to prospects for a deal becoming law.

Republicans are hopeful that Trump would ultimately sign an agreement if the conference committee is able to strike a deal. Senate Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellOvernight Energy: Pelosi vows bold action to counter 'existential' climate threat | Trump jokes new light bulbs don't make him look as good | 'Forever chemicals' measure pulled from defense bill Overnight Health Care — Presented by Johnson & Johnson – House progressives may try to block vote on Pelosi drug bill | McConnell, Grassley at odds over Trump-backed drug pricing bill | Lawmakers close to deal on surprise medical bills GOP senators request interview with former DNC contractor to probe possible Ukraine ties MORE (R-Ky.), in a shift, told reporters this week that negotiators should reach an agreement and “and then we'll hope that the president finds it worth signing.”

Senate Appropriations Committee Chairman Richard ShelbyRichard Craig ShelbyOn The Money: Economy adds 266K jobs in strong November | Lawmakers sprint to avoid shutdown | Appropriators to hold crucial talks this weekend | Trump asks Supreme Court to halt Deutsche Bank subpoenas Appropriators face crucial weekend to reach deal Trump talks spending with key GOP chairman as deadline looms MORE (R-Ala.), who briefed Trump on Thursday, was also optimistic that the president would endorse an agreement if it remained within the “parameters” that they discussed.

Trump caught Congress flat-footed when he backed away from a continuing resolution (CR) in December to fund a quarter of the government because it didn’t include extra funding for a wall.

House Minority Leader Kevin McCarthyKevin Owen McCarthyCNN Pelosi town hall finishes third in cable news ratings race, draws 1.6M Economy adds 266K jobs in November, blowing past expectations The Hill's Morning Report — Pelosi makes it official: Trump will be impeached MORE (R-Calif.) said Friday that it would be “right that we know where the president stands before we vote on these bills.”

In a potential hurdle to getting Trump to back an agreement, House Freedom Caucus Chairman Mark MeadowsMark Randall MeadowsTrump, first lady take part in National Christmas Tree lighting Congress races to beat deadline on shutdown GOP lawmakers, Trump campaign rip 'liberal law professors' testifying in impeachment hearing MORE (R-N.C.) said he had voiced his “displeasure” to some members of the conference committee about the direction of the negotiations.

“The details I’m hearing about are not things the president should sign,” Meadows said.

He added that the amount of barrier funding may not be the sticking point, but instead “the flexibility of what it can construct and what it can do to secure the border.”

Back-up plans

There’s little interest on Capitol Hill for another bruising government shutdown, but how lawmakers prevent one, if they are unable to get an agreement or if Trump rejects it, is unclear.

Congress could pass another CR and effectively postpone the fight. Negotiators haven’t taken that off the table, instead arguing they are focused on finding common ground.

“The worst thing that would happen is if we have to go into a yearlong CR, and we’re doing everything we can to avoid that,” said Rep. Lucille Roybal-AllardLucille Roybal-AllardICE emerges as stumbling block in government funding talks Bicameral group of Democrats introduces bill to protect immigrant laborers Lawmakers skeptical of progress on spending deal as wall battle looms MORE (D-Calif.), one of the 17 conferees.

McConnell has indicated that another CR is not his preference, but hasn’t publicly ruled one out. Meadows, who is close to Trump, said he would support a “clean” CR through Sept. 30.

Trump also hasn’t ruled out declaring a national emergency to construct a border wall, despite pushback from GOP allies on Capitol Hill. Shelby said Trump indicated during their White House meeting that he wants a legislative solution.

But a GOP negotiator said he would not be surprised if the president ultimately declares a state of emergency if he doesn't like the final deal. Meadows warned that if a deal precluded a national emergency declaration he would urge Trump not to sign it.

“I think that creates a problem for national emergency declaration,” Meadows said. “So I would be more inclined to encourage him to do a clean CR and do the national emergency. But again, it’s the details.”

Juliegrace Brufke contributed.