Congress
Obamacare subsidy extension will need 60 votes, Thune says
Any possible extension of soon-to-expire Affordable Care Act insurance subsidies will need to get 60 votes, Senate Majority Leader John Thune said Tuesday as rank-and-file lawmakers close in on a deal that could reopen the government and pave the way for additional heath care talks.
Democrats have privately floated an arrangement for the Senate to hold a vote to extend the subsidies at a simple-majority threshold rather than the 60-vote margin for most legislation. Thune rejected the idea, saying there was “no way” that would happen.
“Honestly, think about what the Democrats are asking us to do here,” he told reporters. “They’re saying it’s going to take 60 just to fund the government, but we want to have a vote on a massive sort of piece of health care legislation at 51.”
Agreeing to a health care vote would be part of a larger shutdown-ending deal the rank-and-file senators are discussing. It would also include advancing a new stopgap spending bill, moving some full-year funding bills, plus holding a guaranteed vote once the government reopens on the ACA subsidies, which expire Dec. 31.
Thune said he was open to another possibility under discussion: attaching the full-year Agriculture-FDA, Military Construction-VA and Legislative Branch appropriations bills to an updated stopgap.
The terms of the health care vote are not the only sticking point. Republicans are divided over how long a temporary funding bill should run that would allow lawmakers to write new long-term spending legislation. Thune previously told Blue Light News he believes the stopgap needs to go into 2026 but hasn’t ruled out a tighter timeline favored by some GOP appropriators.
Speaker Mike Johnson confirmed Tuesday he, too, wants to avoid a holiday-season jam. He is facing intense pressure from GOP hard-liners who want to push the deadline into March — if not later in the year.
“I’m not a fan of extending it to December,” Johnson said.
Thune said Monday he hopes to have a new stopgap ready to send back to the House by the end of the week. He said Tuesday that senators could work into the weekend if they are on a “glide path” to ending the 35-day shutdown.
Johnson also confirmed the House will return to Washington if the Senate passes a deal to reopen the government. He separately told House Republicans on Tuesday that the House would return “as soon as possible” after the Senate acts, according to four people granted anonymity to describe the private call.
Under Thune’s best-case timeline, that would bring the House back early next week — ending what would be a seven-week recess.
Congress
Congress has 10 days to cut a DHS funding deal. Don’t hold your breath.
Congress has 10 days to prevent another shutdown — this one exclusively affecting the Department of Homeland Security. There’s not much optimism about a deal.
At issue is one of the thorniest issues in national politics — federal immigration enforcement, including new guardrails for agencies and repercussions for the local jurisdictions that refuse to cooperate with them.
Already, Republicans are rejecting central demands from Democrats, including tightening warrant requirements and banning federal agents from wearing masks. Democrats are pouring cold water on a GOP push to target so-called “sanctuary cities.”
Senate Majority Leader John Thune warned Tuesday that getting an agreement to President Donald Trump’s desk by the new Feb. 13 deadline is an “impossibility.”
“We’ve got a very short timeframe in which to do this, which I argued against,” he said, referring to his opposition to the two-week DHS punt Democrats insisted on.
House Minority Leader Hakeem Jeffries, meanwhile, said Tuesday that another short-term patch was “off the table” for Democrats.
Together those comments portend a potentially lengthy shutdown that would disproportionately impact the DHS functions that don’t involve immigration enforcement, including TSA, FEMA and the Coast Guard. That’s because agencies like ICE and Border Patrol that have been at the center of the Democratic uproar received funding through the domestic policy megabill Republicans enacted in July.
That reality had a critical mass of Senate Democrats ready to swallow full-year DHS funding last month that held agency budgets flat and passed the House with only seven Democratic votes. But that plan evaporated on Jan. 24, when DHS agents killed 37-year-old Alex Pretti on the streets of Minneapolis and sparked bipartisan calls for new strictures on the Trump administration.
Thune and other Republicans are already warning that they believe they will need to buy more time after the Feb. 13 deadline. Negotiations over an immigration enforcement deal have largely been on hold, according to several senators, as the House wrestled with the larger spending package that finally passed Tuesday.
So far, Republicans and Democrats can’t even agree on who will be doing the negotiating. Senate Minority Leader Chuck Schumer is putting the onus on Thune. But Thune and other Republicans believe any viable deal will need to be negotiated primarily by the White House while keeping congressional Republicans “engaged.”
Sen. Brian Schatz (D-Hawaii) said Tuesday that a deal would be difficult “without Trump deciding to drag Republicans in a direction that is normally uncomfortable for them.”
“But that’s different from John Thune just declaring that he’s out,” he added. “The majority leader can’t take himself out of the negotiation.”
A lengthy DHS shutdown could be uncomfortable quickly for both parties. While ICE and Customs and Border Protection would largely have a free hand to continue immigration enforcement, the Coast Guard and TSA would lose their appropriations — potentially snarling airports and threatening paychecks for an entire military branch. The Secret Service and Cybersecurity and Infrastructure Security Agency would also be affected.
Plenty of members are skeptical there will be a deal at all, given Congress’ perennial struggle to reach an agreement on anything even tangentially related to immigration.
“I have to say that I’m a little skeptical of this entire enterprise,” Sen. Josh Hawley (R-Mo.) said. “I’m a little skeptical of the entire project here of trying to lard up an appropriations bill that funds critical agencies with a whole bunch of statutory restrictions.”
Rep. Glenn Ivey (D-Md.) said of the incipient negotiation, “I can’t say it feels like good faith.”
Democrats have outlined several key demands for any negotiations and are expected to formally present a proposal “very shortly,” according to Schumer.
But while Republicans have expressed openness to some of the Democratic proposals, such as body cameras and deescalation training, there is broad opposition to requiring immigration officers to obtain judicial warrants instead of administrative warrants before seeking apprehensions. Many, including Speaker Mike Johnson, also oppose requiring federal agents to remove masks, arguing it would be a possible safety threat.
“I can tell you that we are never going to go along with adding an entirely new layer of judicial warrants,” Johnson said Tuesday. “It is unimplementable. It cannot be done, and it should not be done. It’s not necessary.”
Republicans, meanwhile, are pushing for language cracking down on “sanctuary cities” that don’t comply with ICE and CBP to be included in any agreement that includes new restrictions on those agencies. Other Republicans are mulling trying to attach bigger immigration provisions, including increasing penalties for immigrants who cross the border illegally or re-enter the country illegally.
Sen. Lindsey Graham (R-S.C.) used an Oval Office bill signing with Trump Tuesday to make his pitch for a sanctuary cities crackdown as part of any negotiation to extend DHS funding.
“If you want a debate on how to solve this problem, show up next week,” he said.
Trump encouraged the push: “I hope you’re going to press that very hard,” he told Graham.
But the policies Graham and other Republicans are proposing — such as imposing criminal penalties on state and local officials who “willfully interfere” with immigration enforcement — have long been a nonstarter for Democrats.
Sen. Dick Durbin, the No. 2 Senate Democrat, said it already would be “difficult” to get his caucus to support another funding punt, noting that roughly half of his Democratic colleagues already voted against the last spending package.
And trying to link sanctuary cities to the debate over immigration enforcement tactics, Durbin added, is “not realistic.”
“There’s so many different versions of sanctuary law in these communities and states,” he said. “What we’re talking about is funding this agency, but making sure there are reforms before funding.”
Other Senate Democrats who voted for the spending deal last week — including Sen. Patty Murray (D-Wash.), the top Democrat on the Appropriations Committee — are already warning that Republicans shouldn’t count on their votes again for another punt.
Another senior Democratic appropriator, Sen. Jeanne Shaheen of New Hampshire, said she believed there was enough time to get a deal if negotiators were “committed.”
“But it would help if they start negotiating,” Shaheen said.
Congress
Powell pardon wouldn’t end Fed blockade, Tillis says
A presidential pardon of Federal Reserve Chair Jerome Powell would not end Sen. Thom Tillis’ one-man blockade of central bank nominees, the North Carolina Republican said Tuesday.
Only the Justice Department resolving its investigation into Powell’s Senate testimony on a massive Fed renovation project would suffice, he added, doubling down on his intention to use his vote on the Senate Banking Committee as a bulwark against any attempt to dilute the bank’s independence.
Tillis is the main obstacle to the swift confirmation of Kevin Warsh, President Donald Trump’s nominee to replace Powell as Fed chair. He has vowed to oppose any Fed nominee until the Powell investigation ends.
A pardon could be a fast and definitive way for Trump to end any legal peril for Powell, but Tillis called the idea “silly” and a “mistake” because it could imply that Powell is guilty of committing perjury during his appearance last year before the Banking Committee.
“A pardon to me almost validates the whole notion for the investigation,” Tillis said. “If they think they’ve got a valid case, then we’ll just see it through to the end.”
With Republicans holding a 13-11 majority on the Banking panel, Tillis’ opposition is enough to prevent Warsh from getting advanced out of committee unless he gets support from Democrats on the panel.
Tillis said Tuesday that he thought Warsh would be a “fine” Fed chair “at some point in the future if not this Congress, then the next Congress, if they don’t get this investigation done.”
“I’m not budging one inch,” he added. “This is foundational to Fed independence and if you reward this sort of behavior and there’s no compelling evidence that could convince me or a jury that he’s guilty of it then you’ve got to stand on Fed independence.”
Trump batted down a question Monday about whether he would ask prosecutors to drop the Powell case in order to clear a path for Warsh. He instead told reporters that Jeanine Pirro, the U.S. attorney for D.C., would “take it to the end and see.”
Responding to Trump’s remarks, Tillis said it showed “an area where we’re in agreement this week — we’re both willing to go all the way.”
Congress
Congress ends shutdown, approves $1.2T in funding — and sets up DHS cliff
Congress approved a spending package Tuesday afternoon that secures funding for the vast majority of federal agencies through September, ending the second government shutdown in the span of four months.
But what’s left unfinished — funding for the Department of Homeland Security — will be a doozy, with partisan tensions over President Donald Trump’s immigration enforcement agenda threatening another lapse for the embattled department that also includes TSA, FEMA and other crucial agencies.
The package the House passed in a bipartisan 217-214 vote Tuesday afternoon only funds DHS through next week. Democrats are refusing to support months of additional cash until Republicans agree to rein in the actions of ICE and Border Patrol agents following the fatal shootings last month of two U.S. citizens in Minnesota.
If Republicans don’t concede to enacting significant new mandates for DHS by the new Feb. 13 deadline, the department many Democrats have called “rogue” will face another funding lapse or short-term patch.
“We have a list that we want done, and we aren’t settling for half-measures,” Rep. Pete Aguilar (D-Calif.), the No. 3 party leader, told reporters Tuesday. He warned that if Senate Majority Leader John Thune and Speaker Mike Johnson “don’t want to come to the table and negotiate real reform, then they’re going to have to explain to the American public why they’re shutting down agencies.”
Trump is expected to swiftly sign the legislation, ending the partial government shutdown that began early Saturday morning after the Senate passed the altered package, punting the measure back to the House.
By advancing the trillion-dollar package, Congress has approved more than 95 percent of the government funding it approves each year to run federal agencies, after clearing full funding for some agencies in November and another slate in January.
Under the legislation that now awaits the president’s signature, the Pentagon and all remaining domestic agencies besides DHS will get new funding levels through the end of the fiscal year, which started with the longest government shutdown in U.S. history.
“We finalized true, bipartisan, bicameral bills to fully fund our government in a member driven, district focused way,” House Appropriations Chair Tom Cole (R-Okla.) said on the House floor. “Funding the government is not an optional exercise. It’s the most basic duty we have in Congress.”
Only 21 Democrats voted yes on passage, highlighting the challenge leaders face over the next 10 days in negotiating new immigration enforcement rules that can attract enough Democratic support for funding DHS into the fall.
“I refuse to send another cent to Stephen Miller or Kristi Noem,” Rep. Jim McGovern (D-Mass.) said this week. “They are undermining our Constitution, and the department they run is murdering American citizens in the streets.”
To ensure Democratic leaders on both sides of the Capitol are aligned heading into negotiations with Republicans over changes to DHS immigration operations, Jeffries is set to meet Tuesday afternoon with Senate Minority Leader Chuck Schumer.
House Democrats are demanding that Jeffries have a seat at the bargaining table after many groused this week about the altered funding package Senate Democrats brokered with the White House.
“They need to talk to Hakeem — the House and Senate are equal partners,” Rep. Debbie Dingell (D-Mich.) said in an interview.
House Democrats contend that they have a better understanding of Trump’s immigration enforcement actions in communities throughout the country, as well as the sentiment of Americans.
“We are the ones that are closest to the anger and the frustration of our constituents,” Rep. Pramila Jayapal (D-Wash.) said in an interview. “We need [Senate Democrats] to start negotiating with us and carrying out our demands instead of constantly caving to Republicans.”
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