'Kate's Law' battle shifts to the Senate, testing Dems

'Kate's Law' battle shifts to the Senate, testing Dems
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The fight over immigration enforcement is moving to the Senate, where Democratic opposition will be tested.

The House passed a pair of immigration bills late last week: “Kate’s Law” to increase maximum penalties for criminal aliens who attempt to re-enter the country, and a second bill cutting funding to cities that refuse to comply with federal immigration laws. 

Republicans got an unexpected boost when two-dozen House Democrats voted for “Kate’s Law,” viewed by GOP supporters as a first step toward implementing President Trump’s campaign promises on immigration.

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The defections came after House Democratic leaders said they wouldn’t twist arms to get their members to oppose the legislation. But the outcome is raising questions about whether Democratic senators up for reelection in 2018 will similarly break rank as the fight shifts to the upper chamber.

Senate Democrats are expressing confidence that they’ll be able to block the bills if they are brought up for a vote. 

"I will do whatever I can in order to stop them. These are only punitive in nature, they don't deal with the totality of the reality of our immigration challenge, and as a continuing part of the Republican saga that only looks at one element, and looks at it in a way that is totally disproportionate," Sen. Bob MenendezRobert (Bob) MenendezMedia's selective outrage exposed in McSally-Raju kerfuffle Dem senators say Iran threat to embassies not mentioned in intelligence briefing Overnight Defense: Iran crisis eases as Trump says Tehran 'standing down' | Dems unconvinced on evidence behind Soleimani strike | House sets Thursday vote on Iran war powers MORE (D-N.J.) said. 

Democrats previously blocked similar proposals in 2015 and 2016. But a renewed push could force the 10 senators running for reelection in purple and red states won by Trump to take a tough, politically controversial vote.

A top House Democratic aide predicted that “Kate's Law” would be used in campaign ads against vulnerable Democrats. 

"The ad writes itself," said the aide. "They're gonna use Kate Steinle's picture in a Willie Horton-style ad," referring to a controversial 1988 TV ad used by President George H.W. Bush's campaign against Michael Dukakis. 

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Red-state Democrats are remaining tightlipped about the two immigration bills amid the fight in the Senate over repealing ObamaCare.

But Democratic Sens. Joe DonnellyJoseph (Joe) Simon DonnellyGinsburg health scare raises prospect of election year Supreme Court battle Watchdog accuses pro-Kavanaugh group of sending illegal robotexts in 2018 Lobbying world MORE (Ind.), Joe ManchinJoseph (Joe) ManchinDemocrats Manchin, Jones signal they're undecided on Trump removal vote Schiff sparks blowback with head on a 'pike' line Schiff closes Dems' impeachment arguments with emotional appeal to remove Trump MORE (W.Va.) and Heidi HeitkampMary (Heidi) Kathryn HeitkampSusan Collins set to play pivotal role in impeachment drama Pro-trade group launches media buy as Trump and Democrats near deal on new NAFTA The Hill's Morning Report — Biden steadies in third debate as top tier remains the same MORE (N.D.) previously voted to take up a bill toughening penalties on some undocumented immigrants who illegally re-enter the country after being deported.

A senior Senate Democratic aide questioned if Senate Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellFormer senior Senate GOP aide says Republicans should call witnesses Democrats step up pressure over witnesses after Bolton bombshell Bolton book alleges Trump tied Ukraine aid freeze to Biden investigations: NYT MORE (R-Ky.) would bring up the House bills with Democrats still largely opposed to tougher immigration proposals.

“Nobody has changed their view on that to my knowledge. I'm not sure McConnell will even bring them up,” the aide said when asked if Democrats would be able to block the House bills similar to previous votes.

But Senate Republicans will likely face growing pressure to move a bill cracking down on illegal immigration after Trump praised the House-passed bill.

“Now that the House has acted, I urged the Senate to take up these bills, pass them, and send them to my desk. I am calling on all lawmakers to vote for these bills and to save American lives,” Trump said after the House’s vote. 

Trump repeatedly invoked the shooting of 32-year old Steinle on the campaign trail to promote his immigration agenda, including during his speech at the Republican National Convention last summer when he accepted the party’s nomination.

Steinle was fatally shot in 2015 in San Francisco by a man who had had seven previous felony convictions and was deported to Mexico on five previous occasions. 

The House bill could have competition for Senate floor time as lawmakers prepare to return for a jam packed three-week session where they have a slew of must-pass bills and a looming fight over Trump’s FBI nominee. 

But conservatives are already clamoring for the Senate to try to crack down on illegal immigration. Sen. Ted CruzRafael (Ted) Edward CruzTrump, Democrats risk unintended consequences with impeachment arguments Impeachment trial to enter new phase with Trump defense Jordan says he thinks trial will be over by next week MORE (R-Texas) wants a vote this year and has introduced his own version of “Kate’s Law.”

“The House of Representatives took a tremendous step today to protect our national security and ensure the safety of our communities by passing Kate’s Law,” Cruz said after the House’s vote.  “I look forward to the Senate swiftly taking up this bill and hopefully, passing it.”

Unlike the House bill, Cruz’s version includes a five-year minimum sentence for any undocumented immigrant who re-enters the country illegally after previously being deported twice or convicted of an aggravated felony. 

A spokesman for McConnell said he didn’t “have any [scheduling] announcements yet this week.”

Sen. John CornynJohn CornynTrump legal team offers brisk opening defense of president Nadler gets under GOP's skin Restlessness, light rule-breaking and milk spotted on Senate floor as impeachment trial rolls on MORE (R-Texas), the No. 2 Senate Republican and a close ally of McConnell’s, is also working on a broader border security bill that is expected to touch on illegal immigration. 

The bill, which is still being crafted, includes mandatory minimum sentences for certain immigrants who try to re-enter the country after being deported, according to a draft copy of the legislation

A spokesperson for Cornyn confirmed on Monday that the bill would also target funding for cities that don’t comply with federal immigration policy but said “that provision is different than the bill passed by the House last week.”

Republicans will need to win over at least eight Democratic senators to pass any immigration or border security bill. Spokespeople for Manchin and Donnelly didn’t respond to a request for comment about their positions.

If the three Democratic senators did vote with Republicans on a proposal to impose tougher penalties on undocumented immigrants re-entering the country illegally, GOP leadership would still need to flip an additional five senators.

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Their targets would likely include Democratic Sens. Claire McCaskillClaire Conner McCaskillHow Citizens United altered America's political landscape #MidnightMoscowMitch trends amid criticism of McConnell's proposed impeachment trial rules The most expensive congressional races of the last decade MORE (Mo.), Bob CaseyRobert (Bob) Patrick CaseySenate Democrats launch investigation into Trump tax law regulations Advocates call for ObamaCare open enrollment extension after website glitches The US needs to lead again on disability rights MORE (Pa.), Sherrod BrownSherrod Campbell BrownSchiff sparks blowback with head on a 'pike' line Sunday shows - All eyes on Senate impeachment trial Senate Democrat: 'Fine' to hear from Hunter Biden MORE (Ohio), Bill NelsonClarence (Bill) William NelsonThe most expensive congressional races of the last decade Lobbying world Bottom Line MORE (Fla.) and Jon TesterJonathan (Jon) TesterDemocrats cry foul over Schiff backlash Democrats feel political momentum swinging to them on impeachment Nadler gets under GOP's skin MORE (Mont.) — each up for reelection next year in states won by Trump.

There are already early signs that a vote for or against the bill would be prime fodder for the 2018 election, where Democrats are defending 25 seats and Republicans are only protecting eight.

Sen. Dean HellerDean Arthur HellerLobbying World Democrats spend big to put Senate in play This week: Barr back in hot seat over Mueller report MORE (R-Nev.), up for reelection in a state won by Hillary ClintonHillary Diane Rodham ClintonGOP senator says idea that Ukraine interfered in US election is 'not a conspiracy theory' Cotton: Democrats are 'upset that their witnesses haven't said what they want them to say' Trump's troubles won't end with a Senate acquittal MORE, quickly hit two potential Democratic opponents for their votes against “Kate’s Law.” 

“Congresswomen Dina Titus and Jacky Rosen disqualified themselves from public office. Let’s be clear, Congresswomen Titus and Rosen sided with violent criminals, some of which have committed horrendous crimes against Nevadans, over law enforcement and keeping our communities safe,” said Tommy Ferraro, a spokesman for Heller’s re-election campaign. 

But Sen. Tim KaineTimothy (Tim) Michael KaineKaine: GOP senators should 'at least' treat Trump trial with seriousness of traffic court Senate Dems to Pompeo: Comments about NPR reporter 'insulting and contemptuous' Iran resolution supporters fear impeachment will put it on back burner MORE (D-Va.), who is also up for reelection, downplayed the chances that Democrats would help pass the bill as long as Republicans are unwilling to discuss broader immigration reforms.

“Democrats are not going to stand for harsh anti-immigration measures, we're not,” he said. “If they're not willing to meaningfully dialogue with us about immigration reform, you're not going to see us embracing their super-partisan anti-immigration bill.”