Congress
No off-ramp in sight for DHS-fueled shutdown
Washington is charging toward a partial government shutdown over President Donald Trump’s immigration enforcement agenda even as senators and the White House scramble to find an elusive off-ramp.
Democrats, Republicans and the White House each say they want to avoid another costly lapse in government funding. But Saturday’s killing of a 37-year-old Minnesota man by federal agents has badly complicated the approach pattern for a massive six-bill appropriations package that the Senate planned to approve this week.
In the wake of the Minnesota shooting, Democrats want Republicans to join them in stripping out funding for the Department of Homeland Security from the sprawling package. Yet any changes would require further action in the House, which is out of town until Monday — after a shutdown would start at 12:01 a.m. Saturday.
Republicans are dangling alternatives that would avoid having to change the massive bill, including potential executive actions or an agreement to pass a separate piece of legislation. But Democrats believe they have leverage as Americans recoil at Trump’s aggressive immigration enforcement tactics in Minnesota and elsewhere.
The captured-on-video killing of Alex Pretti has sparked public unease even from Trump allies in Congress and fueled new questions about how the administration is enacting its agenda, putting intense pressure on Democrats to dig in and fight.
Senate Minority Leader Chuck Schumer said Monday that the “responsibility to prevent a partial government shutdown” lies in the hands of Majority Leader John Thune and his fellow Senate Republicans. He called on them to agree to strip out and renegotiate the DHS bill while allowing the rest of the package — which would fund nearly three-quarters of annual agency spending — to be passed into law.
As recently as Friday, enough senators were expected to help pass the full set of funding bills, which was negotiated over the course of months by bipartisan appropriators. Now, according to a person granted anonymity to disclose private discussions, Democrats are quickly “coalescing” around a number of changes they want to the DHS bill, which won only seven Democratic votes in the House.
Those include requiring judicial warrants for immigration arrests, overruling a recently disclosed ICE memo asserting they are not required. Other potential Democratic amendments would mandate federal agents identify themselves, require DHS to cooperate with state and local investigations and limit the “mission creep of federal agencies.”
Despite the concern that has emerged within the GOP ranks after Saturday’s shooting, Republicans are moving forward with the six-bill package as currently drafted, taking a first step Monday to put it on the floor. Senators are expected to take an initial vote Thursday, when at least eight Democrats will be needed to leap a 60-vote hurdle.
Senate Appropriations Chair Susan Collins (R-Maine) told reporters Monday that she did not favor removing the DHS bill from the six-bill package but that there are ongoing discussions about “further reforms or procedural protections.”
“My hope is that we’re not going to get to that point, that everyone would recognize that a government shutdown is extremely harmful and should be avoided,” Collins said when asked about the prospects for a partial shutdown.
Sen. Katie Britt (R-Ala.), who leads the Appropriations subcommittee dealing with DHS and met with Collins Monday, also told reporters the Senate should pass the funding package as is but that there could be actions taken “within the purview of the administration” to address Democrats’ concerns.
Some lawmakers and aides held out hope that some of Trump’s moves Monday, which included sending border czar Tom Homan to oversee the Minnesota enforcement surge, would soften the ground for a possible deal. Others were encouraged that lines of communications remained open between the parties early in the week.
Republicans are facing their own internal pressures as they seek to avoid a shutdown. A group of conservatives, including Sen. Mike Lee (R-Utah), is vowing to oppose any effort to strip out DHS funding. And because the Senate is locked in a time crunch with the Friday midnight deadline looming, any one senator can block an attempt to quickly amend the legislation.
At the same time, there are some Democratic qualms about pushing agencies to the brink less than three months after ending a record 43-day shutdown fought over health care. Some are noting that ICE and Border Patrol will continue to be funded in any case through the GOP megabill enacted last year while other DHS agencies such as FEMA and TSA would be subject to the shutdown.
But so far Democrats are insisting that Republicans agree to rewrite the bill. Democrats are skeptical that the administration can be trusted to take executive action or that standalone legislation reining in DHS would ever make it through the House.
“My options are to do nothing or to recognize that two U.S. citizens were recently … executed by federal agents,” Sen. Ruben Gallego (D-Ariz.) told reporters Monday. “We need to at least bring some level of pressure on DHS or on our Republican colleagues to explain to the American public why we are going to continue funding this without any changes.”
Even sending an amended bill back to the House would carry the risk of an extended standoff. One senior House Republican granted anonymity said that would open a new “hellscape” in the funding talks, with the fractious GOP conference divided over the way forward.
“Democrats already had a say in DHS funding during the bipartisan negotiations that occurred on each and every individual appropriations bill,” said a House GOP aide granted anonymity to speak candidly about the dynamics. “If they renege on the agreement on any of these bipartisan bills, then it would open a bigger can of worms.”
Privately, many Republicans on Capitol Hill believe that any off-ramp to be found before Friday night’s deadline will need to come from the White House, according to two people granted anonymity to disclose private thinking.
But the administration said Monday it wants to see the six-bill package passed as written — without the DHS funding separated out.
“Policy discussions on immigration in Minnesota are happening,” White House press secretary Karoline Leavitt said, adding that those talks “should not be at the expense of government funding for the American people.”
Speaker Mike Johnson’s leadership circle is still weighing options as the partial shutdown looms. While some Senate Democrats are calling on the House to cut its one-week break short and reconvene, there are no plans to bring the chamber back early, according to three people granted anonymity to comment on private planning.
While GOP leaders plan for now to bring the House back next Monday as scheduled, some rank-and-file Republicans are wary that Johnson might re-run his strategy from the last shutdown and keep the House out even longer in a bid to jam the Senate.
Congress
GOP leaders delay FISA vote amid GOP rebellion
House GOP leaders postponed a Wednesday procedural vote on an extension of a key federal spy powers program as they scramble to land a deal with hard-liners around changes — acknowledging the truly “clean” extension that President Donald Trump is demanding is currently DOA in the chamber.
There are ongoing discussions around modifying the clean, 18-month extension of the surveillance authority known as Section 702 of the Foreign Intelligence Surveillance Act, or FISA, that Trump is ordering. GOP leaders acknowledged in private conversations Tuesday night and publicly Wednesday morning that at least some tweaks are necessary to quell a GOP rebellion that could lead to Section 702’s expiration April 20.
Republican leaders are still hoping to hold a procedural vote later Wednesday to pave the way for floor consideration of the measure, if they can strike an agreement with hold-outs around some changes. A final vote would then happen around 10 p.m. Wednesday. But Speaker Mike Johnson was noncommittal in an interview late Wednesday morning if all that could still happen. “We’ll see,” he said.
Conversations around potential changes picked up Tuesday night, as Blue Light News first reported. Holdouts are asking for guardrails on the program, including warrant requirements; the White House is open to making changes in this regard but likely in a more watered-down capacity than what hard-liners have been seeking.
Ultraconservatives are also pushing House GOP leaders and the White House to follow through on a previous promise to advance a ban on a central bank digital currency, known as CBDC. House GOP leadership and the White House are pushing for a longer Section 702 extension in exchange for advancing that policy or other reforms, while some hard-liners want the promised CBDC ban passed as a standalone rather than attached to the FISA bill.
Majority Leader Steve Scalise said in an interview that White House officials, GOP leaders and Republican holdouts are discussing some “potential amendments.” He added, “We’re still negotiating.” He maintained GOP leaders and White House officials won’t incorporate any changes that undermine the underlying government surveillance program.
Nothing has been agreed to. And Scalise said in an earlier interview leaders would likely incorporate “minor tweaks” into the procedural rule governing floor debate on the underlying bill — if the White House approves.
So far, however, conversations have not sufficiently moved the needle. Hard-liners aren’t budging, continuing resisting renewed calls from Trump and an increasingly aggressive pressure campaign from the administration. That includes a detailed presentation from CIA Director John Ratcliffe at Wednesday morning’s closed-door House GOP Conference meeting on the need for a clean extension.
“Look, he’s the executive, we’re the legislative, and we’re going to see a little bit of conflict between those two today,” Freedom Caucus Chair Andy Harris (R-Md.) said Wednesday, referring to the president.
GOP Reps. Michael Cloud of Texas, Andrew Clyde of Georgia and other hard-liners stood up in the GOP Conference meeting to raise their concerns about a clean reauthorization and continued push for overhauling the program. Some Republicans grew irritated that Ratcliffe “filibustered” until close to the end of the meeting’s scheduled conclusion to avoid taking challenging questions, according to four people in the meeting.
Even before the rule vote was postponed, several rank-and-file members said they were not confident the rule would be adopted.
“There are some who will vote against the rule for sure,” said one House Republican granted anonymity to speak candidly. “It’s a math issue.”
Democrats aren’t expected to help Republicans overcome the procedural rule, even though some of them support a reauthorization without policy changes at this time. The top Democrats on the House Intelligence and Judiciary Committees — Reps. Jim Himes of Connecticut and Jamie Raskin of Maryland, respectively — discussed a joint proposal for a package of FISA overhaul provisions at their party’s weekly caucus meeting Monday morning, which they plan to attempt to advance if the Republicans’ rule fails, according to two people in the meeting.
A fail safe option, if negotiations don’t yield results soon, is to pursue a very short term clean extension — possibly a few months — to buy more time for talks. White House officials and GOP leaders are trying to avoid that scenario.
Riley Rogerson contributed to this report.
Congress
AIDS activists disrupt Vought’s testimony on Trump’s budget
A group of AIDS activists and former USAID employees disrupted White House budget director Russ Vought’s testimony before the House Budget Committee on Wednesday.
Capitol police officers escorted the protesters out of the room as the group chanted “PEPFAR saves lives — spend the money” and held signs that read statement such as “Protect PEPFAR from Vought,” forcing the director to pause his opening statement for several minutes.
The Trump administration has tried to slash funding for the program that seeks to reduce HIV and AIDS in developing nations. But Congress rejected those proposals earlier this year, clearing $4.6 billion for the program for the current fiscal year, down from $4.8 billion enacted for the prior fiscal year.
Republicans also bucked the Trump administration’s request last summer to claw back $400 million Congress had already approved for the AIDS-fighting program, nixing that reduction from the $9 billion rescissions package Congress cleared in July.
In August, Secretary of State Marco Rubio handed off the reins of the U.S. Agency for International Development to Vought, to “oversee the closeout” of the agency Trump moved to dismantle after he was inaugurated last year.
Carmen Paun contributed to this report.
Congress
Trump makes last-minute plea for GOP to ‘stick together’ on key surveillance powers vote
President Donald Trump is ramping up pressure for Republicans to “unify” behind a clean, 18-month extension of a key spy power — making a last minute plea to GOP holdouts refusing to bend without certain amendments.
In a Truth Social post on Wednesday, Trump echoed past calls to House Republicans urging them to “UNIFY, and vote together on the test vote” for a bill reauthorizing Section 702 of the Foreign Intelligence Surveillance Act, which contains a controversial provision that allows for warrantless surveillance of non-U.S. citizens and has divided lawmakers over privacy concerns.
A procedural vote teeing up final passage for a FISA extension was scheduled for Wednesday. House leaders postponed it, but Republicans are still hopeful it can still be held later Wednesday. The spy authority, which has for years triggered fights on Capitol Hill, has concerned some lawmakers for creating a backdoor that allows the government to also search Americans’ data.
Trump asked the GOP “stick together when this Bill comes before the House Rules Committee” as several Republicans raised concerns about the bill’s surveillance powers and sought to amend sections of FISA containing a loophole that allows intelligence agencies to collect warrantless information from third-party brokers with data from phone apps and web activity.
“Passing a clean Section 702 reauthorization without any reforms to protect the Fourth Amendment right to privacy would be a major disservice to the American people,” Rep. Warren Davidson (R-Ohio) said Tuesday. “We live in a digital age, and cell phones are now extensions of our homes; they store our personal conversations, location data, banking information, and health records. Our personal devices deserve the same constitutional protections as our homes.”
Trump said he’s been working with Speaker Mike Johnson, House Intelligence Chair Rick Crawford (R-Ark.) and House Judiciary Chair Jim Jordan (R-Ohio) to pass a clean extension through the House ahead of the April 20 expiration date.
House GOP leaders have backed the White House’s request of a clean extension.
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