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House Republicans clear $70B go-it-alone immigration enforcement package

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The House passed a nearly $70 billion package Tuesday to fund Immigration and Customs Enforcement and Border Patrol for three years, capping off a four-month partisan standoff.

That bill is now on its way to President Donald Trump’s desk following a 214-212 vote, proving Republicans can ignore Democratic demands to crack down on the administration’s immigration policies and still pump unprecedented funding to the agencies carrying them out.

Following the collapse of negotiations to restrict the Trump administration’s immigration enforcement tactics, Republicans harnessed the party-line budget reconciliation process to pass legislation funding ICE and Border Patrol without any Democratic votes. Those faltered talks began after immigration agents fatally shot two U.S. citizens in Minnesota in January.

The end result is the enactment of supercharged budgets for both agencies — and the guarantee that they will be funded beyond the end of Trump’s presidency.

“Hallelujah — they can’t shut them down now,” Rep. Greg Steube (R-Fla.) said in an interview Tuesday, referring to Democrats.

On top of the more than $140 billion Republicans gave ICE and Border Patrol as part of last summer’s tax and spending megabill, the legislation cleared Tuesday will pile on about $65 billion more — plus another $5 billion for Homeland Security Secretary Markwayne Mullin to dole out at his discretion.

The annual budgets for those two agencies total about $17 billion combined under the regular government funding process.

“We are asking ICE to not cause chaos and decrease public safety in our neighborhoods. They already got a huge lump sum of money,” Rep. Grace Meng (D-N.Y.), a senior House appropriator, said in an interview. “So I think it’s more than fair that we ask for reforms before we give them another penny.”

The monthslong ordeal to fully fund DHS after a 76-day lapse ran adjacent to a major personnel shakeup, with the March ouster of then-Secretary Kristi Noem and subsequent installation of Mullin.

The new secretary told lawmakers this month that DHS agents are now seeking judicial warrants to enter private residences, unless agents are already in the midst of pursuing an individual who then enters a home. Mullin also said that, starting in July, DHS will begin requiring 72 days of training for new immigration officers rather than the 42-day accelerated program the Trump administration has been using.

But Mullin refused to commit to following court orders and dismissed allegations of inhumane treatment at immigration detention centers, after shutting down the independent DHS watchdog last month tasked with investigating abuses at immigrant holding facilities.

He also accused Democrats of hampering months of bipartisan talks around new immigration enforcement policies to save face with liberal voters ahead of the midterm elections.

“You would never get to ‘yes,’ and so we walked away and did reconciliation,” Mullin told Democratic appropriators during a hearing this month.

Defending his party’s posture, Sen. Chris Van Hollen (D-Md.) said in an interview this week that DHS has “refused to rein in a lawless ICE operation” and noted that he publicly pressed Mullin on why DHS has not been cooperating with local authorities investigating the killings in Minnesota.

Despite what is ostensibly a victory Tuesday for the GOP, not every Republican sees it that way. House Republicans initially revolted against the plan, which originated in the Senate, to clear funding for ICE and Border Patrol through the party-line process while separately joining with Democrats to pass a bill to fund the rest of DHS.

One of those House skeptics said Tuesday that the months of work it took to fund the immigration agencies is testament to the foolhardiness of the plan Senate Republicans embraced.

“The deal in the beginning to split out ICE and Border Patrol should have never happened,” Rep. Scott Perry (R-Pa.) said in an interview. “I knew it when it happened, and this proved it.”

To win enough GOP support for the gambit, House Republican leaders had to convince many of their members that they will get a chance to pass a third party-line package later this year. There’s no consensus GOP agenda for that bill, but groups of Republicans are counting on it to cut taxes, bolster military funding, crack down on fraud in safety net programs and boost programs that bring down costs for Americans ahead of the midterms.

But many Republicans doubt GOP leaders will be able to pull off enactment of another reconciliation package in the coming months, considering the House is only scheduled to be in session for nine weeks before Election Day and Speaker Mike Johnson is increasingly struggling to whip enough support for major legislation with a narrow majority.

Johnson had to make another deal with conservative hard-liners on Tuesday, when he promised a floor vote on legislation codifying Trump’s border policies in order to muscle through a procedural vote on the immigration enforcement package, according to three people with knowledge of the conversations.

Johnson promised the holdouts the vote would take place before July 4 — which is just 11 legislative days away.

Meredith Lee Hill contributed to this report.

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Congress

Senate GOP eyes data center vote next week

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Senate Republicans are discussing whether to call up a data center utility costs bill as they make plans to stay in Washington next week rather than beat an early exit before the midterms.

Two GOP aides who spoke on the condition of anonymity said the Senate will remain in town amid pressure from some corners of the party to send members home early to campaign.

Asked if the Senate will stay next week, Majority Leader John Thune said Thursday it’s “looking that way.”

While some lawmakers had hoped to move a long-brewing bipartisan energy permitting deal, those hopes have evaporated, and GOP leaders are instead eyeing votes on the Ratepayer Protection Act — a top priority of endangered Ohio Sen. Jon Husted.

Thune said Thursday moving to the data-center-focused bill next week “is an option.” The Senate is also expected to take up a Democratic resolution condemning the Iran war and several presidential nominations.

The Ratepayer Protection Act easily passed the House earlier this month, but some Senate Democrats are arguing it does not go far enough and party leaders could be motivated to deny Husted a pre-election win.

Josh Siegel contributed to this report.

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Permitting won’t get vote ahead of election

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A bipartisan group of senators failed to close a long-sought deal on legislation to ease permitting approvals for energy projects, kicking consideration of the issue until after the midterm elections.

A senior Democrat aide familiar with the negotiations and granted anonymity to discuss the matter told Blue Light News on Thursday that Senate Democrats don’t think there’s enough time to get it done.

“The goal here has always been to pass permitting reform, not just to introduce it,” the aide said.

Top negotiators — Environment and Public Works Chair Shelley Moore Capito (R-W.Va.) and ranking member Sheldon Whitehouse (D-R.I.), along with Energy and Natural Resources Chair Mike Lee and ranking member Martin Heinrich (D-N.M.) — were unable to reach agreement on a package this week, despite recent overtures made by both sides.

The lack of a deal now means a permitting bill likely won’t get a vote until after the elections, when lawmakers are expected to face a packed legislative agenda and the power dynamics in Congress will begin to shift.

Republicans and the Trump administration were eager to lock in a vote soon, arguing legislation to ease permitting approvals for energy projects would represent a major bipartisan breakthrough to address voters’ affordability concerns.

President Donald Trump even signaled he would ease his administration’s blockade on wind projects to entice Democrats to agree on a permitting deal.

But Democrats wanted more time for their members to review any bill and are seeking stronger assurances that the Trump administration would lay off its attacks on clean energy projects. They also did not face the same political incentives to act now, with Trump and Republicans struggling in the polls.

“I appreciate very much what the Trump administration has done to move in this direction, but in order to brief colleagues on what this really means, we need just a bit more clarity on exactly what return to regular order for wind and solar projects looks like. So that’s still to be done, but that I think can happen in fairly short order,” Whitehouse told reporters Thursday.

For all the common ground in both parties around encouraging more energy production and accelerating projects to help address affordability concerns and meet rising power demand, permitting also touches on thorny issues for congressional Republicans, Democrats and this White House.

Democrats are pressing for significant measures to boost interstate transmission lines to deliver clean power to major demand centers and restrain the administration’s power to cancel projects or stall on approvals.

Republicans, for their part, want to limit states’ authority to reject projects under a provision of the Clean Water Act that Democratic governors have used to block interstate pipelines.

Other elements of a deal would likely include easing approvals and limiting legal challenges against projects under the National Environmental Policy Act, a bedrock procedural environmental law that is increasingly blamed for stalling projects of all types, as well as under the National Historic Preservation Act, a landmark law designed to protect Native American cultural treasures.

Amelia Davidson contributed to this report.

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Capitol agenda: Democrats fracture over college sports

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An ugly fight is brewing among Democrats about an unlikely issue: college sports regulation.

Senate passage of a White House-endorsed bill to overhaul college athletic rules could happen as soon as Thursday. But despite the bill’s bipartisan backing, Black Democratic lawmakers are warning their own party that supporting the measure risks exploiting Black athletes.

The debate spotlights a painful party divide that could also alienate a key demographic in Democrats’ voter base just weeks before the midterms.

“It is stunning to me,” Sen. Cory Booker told Blue Light News Wednesday, pointing out about half of Senate Democrats have voted to advance the measure thus far.

“I am disappointed in a way I’ve never felt before in the United States Senate with my own caucus,” he said, referring to Democrats. “My caucus, some members of my caucus, are about to take away the rights for athletes to sue.”

Booker is backed by the Congressional Black Caucus, which for months has also pleaded with senators not to pass the Protect College Sports Act they argue strips the rights of student athletes while protecting the NCAA and its coaches. The group helped sink a similar measure in the House earlier this year. CBC member and House Minority Leader Hakeem Jeffries reiterated the group’s opposition to the legislation Wednesday.

“This is insane to me, especially because the revenue sports are disproportionately African American,” he said. “When has the Democratic Party stood up for taking away rights from disadvantaged minorities? When have we ever done what we’re about to do right now? It is wrong. It is unjust, and it will disproportionately affect African Americans.”

While a host of student and college groups, including the Thurgood Marshall College Fund and the United Negro College Fund, support the bill, both the AFL-CIO and the NAACP say they oppose it for denying student athletes labor protections and unduly benefiting athletic conferences.

Another vocal opponent of the measure, Sen. Chris Murphy, called the divide “a unique moment for Democrats.”

Top Commerce Democrat and bill sponsor Maria Cantwell has said the legislation attempts to restore order to college sports, where major football programs can consume resources that would have otherwise gone to women’s and Olympic sports.

Cantwell, in an interview, countered Booker’s concerns by saying the “historic bill…recognizes for the first time in federal law that student athletes get a percentage of the revenue, ticket sales, media rights, media sales, and sponsorship. Historic.”

A Democratic aide, who is supportive of the bill and was granted anonymity to speak candidly, referenced the number of student athletes who stand to benefit from the measure, “There’s nothing progressive about blocking new protections for 550,000 people just so you can strengthen the hand of the highest-earning 1% of them.”

Booker said without major changes, he would continue the fight if the Senate’s bill makes it to the House.

What else we’re watching: 

— THUNE PUTS ODDS ON STAYING IN SESSION: Majority Leader John Thune said Wednesday night it’s more likely than not that senators remain in session next week, but the plan is “still to be determined.” “Just don’t make any plans yet. I would say right now still odds are we plan on being here next week, and I’d say that still looks like the case, but if that changes I’ll let you know,” Thune said. Senate Republicans are discussing whether to vote on a data center bill next week being championed by one of their most vulnerable incumbents, Sen. Jon Husted, according to two GOP senators granted anonymity to disclose private talks. They’re also waiting to see if a long-sought deal to overhaul the energy permitting process comes together, which Thune has indicated would trigger members staying in town next week.

— INSIDE THE FIERCE HOUSE GOP WAIVER FIGHT: A behind-the-scenes battle is playing out over several powerful House Republicans who don’t want to be forced out of their posts. House Republicans’ decades old three-term limit for panel leaders has grown less strict in recent years. Some want a crackdown, saying the turnover is needed to promote fresh ideas and leadership in the ranks. Three of the 20 sitting House chairs have signaled interest in applying for a waiver. If each follows through, it would be the first time so many exceptions have been sought at once.

Jordain Carney and Mia McCarthy contributed to this report.

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