On Thursday evening, discussions surrounding the Republican immigration enforcement settlement bill faced significant challenges as the House unexpectedly recessed for a week. Lawmakers remain embroiled in disputes over the Justice Department’s controversial “anti-weaponization” funding.
Opponents of the approximately $1.8 billion funding allocation, branded by critics as a “slush fund” for supporters of former President Donald Trump, are pushing for an amendment from Senator Bill Cassidy (R-Louisiana) aimed at banning disbursements from this fund. Efforts are underway to secure approval for this amendment by a simple majority vote, circumventing the more demanding 60-vote threshold typically required.
Cassidy indicated to reporters that there is a “possibility” the bill (S2) could fail in the Senate if the proposed funding changes are not incorporated. He introduced a revised amendment that would limit funds to support only those affected by the January 6, 2021, assault on the U.S. Capitol, proposing to allocate $100 million for that purpose.
Senate Majority Leader John Thune, a Democrat, expressed apprehension that including amendments related to Justice Department funding could complicate matters in the House, likely leading to further delays and potential presidential veto.
This concern was underscored when House leaders chose to abandon their plans to initially consider the reconciliation bill, which was slated for discussion as early as Thursday night contingent upon Senate approval.
Despite the House’s departure, senators continued negotiations, striving for a bipartisan consensus on amendment votes to facilitate completion of the bill late Thursday night.
Republican Initiatives Under Scrutiny
The bill successfully navigated its first critical hurdle before the Senate began voting on amendments.
In a closely contested vote of 49-50, the Senate rejected a procedural motion from Minority Leader Charles E. Schumer (D-N.Y.) aimed at returning the bill (S2) to the Judiciary Committee, effectively jeopardizing its progression. Schumer’s maneuver sought to impose a ban on the Justice Department funds.
While some Republican lawmakers have expressed interest in curtailing or eliminating the funding, they have shown hesitation to derail the bill entirely. Notably, three Republicans facing re-election—Susan Collins of Maine, Jon Husted of Ohio, and Dan Sullivan of Alaska—supported Schumer’s motion.
After losing re-election in the primary amid opposition from Trump, Cassidy opted to refrain from voting on Schumer’s motion initially, ultimately opposing it after hours of deliberation.
Retired Senator Thom Tillis, a prominent Republican critic of the fund, articulated his desire for “a Republican-led solution” before casting his vote against Schumer’s motion, exclusively aligning with his party’s proposed guidelines.
However, Tillis later introduced his own amendment to curtail fund access by reallocating those resources to fraud enforcement initiatives, a proposal that ultimately failed in another lopsided vote of 15-84.
Republican leaders strategically moved to eliminate $1.46 billion in Justice Department funding from the bill, complicating the approval process for related amendments and requiring a 60-vote threshold, rather than a simple majority, for procedural advances.
In this new framework, the Senate entertained various other amendments from both parties.
Senator Jeff Merkley (D-Ore.) proposed an amendment that would prevent funding for the modernization of the White House East Wing, which includes plans for a substantial 90,000-square-foot ballroom, unless authorized by Congress. That motion was ultimately rejected 53-46, falling short of the necessary 60 votes.
Another amendment from Senator Mark Warner (D-Va.) aimed at prohibiting Senate-confirmed federal agency leaders from concurrently serving as the Director of National Intelligence. This vote ended in a tie at 49-49.
Senator Lindsey Graham (R-S.C.) introduced language from the “SAVE America Act” (S1383), mandating proof of citizenship and photo identification to register to vote. Meanwhile, Trump is advocating for an end to the Senate filibuster to ease the passage of the election bill with a simple majority, though Republicans struggled to achieve that on Thursday night, with the vote split 48-50 against party lines.
Potential Amendments Under Consideration
Amid the ongoing discussions, Republicans have put forth several amendments, but the most consequential remains related to Justice Department funding.
Cassidy’s second amendment could override a settlement agreement first established when Trump discontinued a $10 billion lawsuit against the IRS concerning leaked tax returns, which also prohibits audits of presidential tax filings. Additionally, the amendment seeks to ban such settlements from being negotiated in the future.
Other proposed amendments from Cassidy include reversing the Trump administration’s green card policy that necessitates many applicants to return to their home countries while awaiting decisions. Proposed adjustments would also raise the retirement age for Immigration and Customs Enforcement agents with less than 25 years of service to help finance the reconciliation bill. Murkowski seeks a permanent exemption for seasonal seafood processors from the H-2B visa cap, while another of her amendments aims to waive naturalization application fees for specific nationals residing in the U.S.
Furthermore, Tillis has introduced plans for a new nonimmigrant visa category targeting circus performers and other mobile entertainment workers, with additional support for waiving H-1B visa processing fees for public school employees.
Meanwhile, Democrats have aimed to compel Republicans to publicly address a range of contentious topics through their proposed amendments, which are likely to meet with opposition. Schumer has stated that Democrats will push to hold Republicans accountable regarding Trump’s funding strategies and other priorities impacting the American public.
The anti-filibuster bill aims to ensure continued funding for immigration enforcement throughout the remainder of Trump’s term, with Democrats advocating for new restrictions to prevent abuses within federal immigration agencies.
Despite Trump’s June 1 deadline for bill passage, Republican leaders initially hoped to advance the legislation through both chambers this week before the unexpected recess in the House.
Report contributed by Valerie Yurk.
