This is cobbled together talking to senior Senate Republican sources.
Senate Republicans are developing a plan to fund most aspects of DHS — leaving out controversial programs like certain ICE operations — to end the five-and-a-half week partial government shutdown. This emerged after a meeting at the White House last night. There is a lot to sort out at the GOP Conference luncheon at the Capitol today.
However, Fox is told that the Senate could start to move forward on a plan to end the DHS shutdown "as early as tonight."
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The new plan would fund ICE investigations — like cartels, traffickers and child predators. But they will leave unfunded programs for "enforcement and removal."
Ironically, this idea would mirror what Democrats have tried to do on multiple occasions. Democrats have asked unanimous consent on the floor to pass bills to fund DHS — sans ICE.
So, Republicans have come around to the position that this is the only way out of this cul-de-sac — even if it reflects the Democratic position.
Still, Republicans contend they are "calling the Democrats bluff."
"We’re going to have to move forward and give them what they want," said one Senate Republican source, referring to the Democrats.
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But the question is whether Democrats will balk — especially since this was their idea. Regardless, this approach would still need Democratic buy-in and need 60 votes to clear a filibuster.
Fox is told that this is NOT pre-baked with House Republicans. The House and Senate would have to sync up to end the shutdown. Lawmakers on both sides are increasingly freaked out about the possibility of a terrorist attack — to say nothing of watching lengthy lines at airports.
Now the question is what Republicans can do with the SAVE America Act.
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Fox is told that Republicans hope to extract a promise from Sen. Mike Lee, R-Utah, to come off the SAVE America Act — and resume that debate after the Easter/Passover recess.
But that bill lacks the votes to pass.
In addition, Republicans are looking at stuffing some provisions from the SAVE America Act into a budget reconciliation package. By nature, a reconciliation package is NOT subject to a filibuster and only needs a simple majority to pass. However, reconciliation requires bills be fiscal in nature and deal with numbers, not policy.
It is possible Republicans could fund the enforcement and removal programs at ICE under budget reconciliation. But portions of the SAVE America Act are dicey. Fox is told that Republicans could try to focus on the "money" aspects of the SAVE America Act — such as withholding dollars from states which don’t require photo ID, et al. But getting those provisions past the Senate umpire, Parliamentarian Elizabeth MacDonough, is challenging. MacDonough could rule out of order policy provisions pertaining to the SAVE America Act in a reconciliation measure.
