Senate Majority Leader Mitch McConnell (R-KY) brought up a House-passed shell bill to use as the vehicle for the Senate’s immigration debate this week, and directed his colleagues that “whoever gets 60 votes wins.” The President, meanwhile, threatened to veto any bipartisan agreement that didn’t advance his four principles, two of which were non-starters for Democrats. The debate got off to a slow start, as members couldn’t agree on how to even begin. This didn’t leave them much time to reach a deal as McConnell said that debate on immigration reform would be limited to this week.
The Senate held four votes on immigration reform amendments and none of them had the 60 votes needed for passage. Here’s a summary of the four amendments, the vote tally for each amendment, a link to the amendment language, and the members whose votes broke with their party’s consensus.
Coons/McCain Amendment
Vote: 52-47
https://www.congress.gov/amendment/115th-congress/senate-amendment/1955/text
The amendment provided a pathway to citizenship for the 1.8M undocumented immigrants who came to the country as children. It did not offer any funding for a border wall, but it did include some border security measures.
Democrats voting no:
Manchin (D-WV)
Republicans voting yes:
Flake (R-AZ)
Gardner (R-CO)
Graham (R-SC)
Murkowski (R-AK)
Toomey Amendment
Vote: 54-45
https://www.congress.gov/amendment/115th-congress/senate-amendment/1948/text
This amendment didn’t actually address the DACA issue. Instead, it would have penalized sanctuary cities that refuse to enforce federal immigration policy by withholding federal funding from those municipalities.
Democrats voting yes:
Donnelly (D-IN)
Manchin (D-WV)
McCaskill (D-MO)
Stabenow (D-MI)
Schumer/Collins/Flake/Graham Amendment
Vote: 54-45
https://www.congress.gov/amendment/115th-congress/senate-amendment/1958/text
This was a centrist deal from the Common Sense Caucus, but President Trump and his supporters in the Senate opposed it because it did not cover all four immigration pillars he demanded. The amendment provided a pathway to citizenship for the 1.8M undocumented immigrants who came to the country as children, but it prevented DACA recipients from sponsoring their parents for legal status. It also included $25B for border security. This amendment was the one that was thought to have the best chance of passing.
Democrats voting no:
Harris (D-CA)
Heinrich (D-NM)
Udall (D-NM)
Republicans voting yes:
Alexander (R-TN)
Collins (R-ME)
Flake (R-AZ)
Gardner (R-CO)
Graham (R-SC)
Isakson (R-GA)
Murkowski (R-AK)
Rounds (R-SD)
Grassley Amendment
Vote: 39-60
https://www.congress.gov/amendment/115th-congress/senate-amendment/1959/text
This was the White House’s immigration framework, which included a pathway to citizenship, $25B in border security, tougher interior enforcement, curtailment of family immigration, and elimination of the diversity visa lottery program. Failure of this amendment demonstrates that the President’s preferred immigration plan cannot pass the Senate.
Republicans voting no:
Barrasso (R-WY)
Collins (R-ME)
Cruz (R-TX)
Daines (R-MT)
Enzi (R-WY)
Flake (R-AZ)
Inhofe (R-OK)
Kennedy (R-LA)
Lee (R-UT)
Moran (R-KS)
Murkowski (R-AK)
Paul (R-KY)
Sasse (R-NE)
Thune (R-SD)
Democrats voting yes:
Donnelly (D-IN)
Heitkamp (D-ND)
Manchin (D-WV)
While the President initially set March 5 as the deadline for Congress to resolve the DACA issue, a federal judge has blocked the termination of the program. The injunction probably won’t get lifted before April at the earliest, and June at the latest. So Congress has at least another month to sort it out before dreamers will face deportation.
Republicans are now looking for a Plan B. Sens. John Thune (R-SD), Rob Portman (R-OH), and Jerry Moran (R-KS) are floating a proposal to extend the DACA program indefinitely in exchange for $25B for border security. More specifically, the deal would provide “Dreamers” with two-year renewal periods to protect them from deportation in exchange for a $25B trust fund for border security that would cap outlays at $5B a year. This proposal, however, does not include the President’s demands for changes to family immigration and the visa lottery program. The President will need to support any backup plan in order for it to have a chance of passing.