At approximately 2:30 AM this morning, the Senate passed via voice vote a bill to fund all of the Department of Homeland Security (DHS), sans funding for Immigration and Customs Enforcement (ICE) and certain components of Customs and Border Protection (CBP).
While there was some thought earlier today that the House would accept this package, those prognostications were quickly dashed, with President Trump stating that what the Senate passed was “inappropriate” and Speaker Johnson coming out strongly against the proposal to split ICE and CBP off from the broader DHS funding arrangement.
As we speak, the House Rules Committee is holding an emergency meeting to establish the parameters for amending the Senate-passed vehicle with a clean 60-day CR that funds the entirety of DHS at its current levels through May 22.
In order to consider this rule and the corresponding amended bill later tonight, the House will need to (1) reconvene upon conclusion of the Rules Committee, (2) promptly adjourn the House, and then (3) reconvene shortly thereafter-thereby circumventing the prohibition against consideration of rules during the same legislative day.
While timing remains fluid, our best guess is that the reconvene-adjourn-reconvene series of votes will take place early tonight (approx. 8-9 PM), with passage of the amended bill happening closer to midnight (deemed as passed within the rule).
Attendance and vote count also remain fluid on the Republican side, but House Leaders have thus far signaled confidence in their ability to pass this clean CR, with Appropriations Chair Tom Cole (R-OK) speaking strongly in favor of the approach on this morning’s House GOP Conference Call and no notable moderates coming out as opposed as of this writing. With Democrats lining up against the measure, House Republicans will need near unanimity on their side if they are to secure passage.
OUTLOOK/ANALYSIS. Presuming House Republicans are able to pass this measure, the main upshot is that the 42-day long shutdown of DHS will continue through the weekend, with Senate Democrats remaining opposed to any funding for ICE or CBP.
Moreover, this shutdown could easily continue much further into the future in light of President Trump’s Executive Order directing the salaries of TSA agents to be paid and the threat of Congress canceling the Easter recess seemingly lifted-the two main political pressures that were moving lawmakers towards an agreement.
With a fight over reauthorization of the Foreign Intelligence Surveillance Act (FISA) on the horizon, the lingering issue of how to fund DHS will remain an issue hanging over the heads of Congressional Leaders, with no clear end in sight.
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