Do we have a negotiation or a stalemate?
The answer to that question will determine whether the Department of Homeland Security shuts down in just four days, and Tuesday morning, it’s not entirely clear which way things are headed.
Democratic leaders Chuck Schumer and Hakeem Jeffries panned a White House counterproposal sent to them Monday evening as too light on details for how to rein in President Donald Trump’s immigration enforcement agenda.
— Dems vs. White House: “The initial GOP response is both incomplete and insufficient in terms of addressing the concerns Americans have about ICE’s lawless conduct,” the leaders said in a statement. “Democrats await additional detail and text.”
That’s far from a “hell no,” but expect to hear more later Tuesday morning on where Democrats stand after Jeffries and Schumer meet with their respective caucuses.
Neither side is saying exactly what the GOP counter to the 10-point Democratic offer entails, but White House allies made clear Monday that one key Democratic demand — requiring federal law enforcement officials to obtain judicial warrants before entering private property — is dead on arrival.
Other Democratic asks — including a mask prohibition, ID display requirements and limits on places where agents can operate — would need major concessions from Democrats to make them palatable for the administration, several people close to the White House said.
But the trading of offers is giving GOP leaders optimism that a deal is possible. Senate Majority Leader John Thune said he’ll probably get the ball rolling on a continuing resolution Tuesday to give negotiators more time to strike a deal.
— About that CR: Whether a stopgap can pass depends almost entirely on the tenor of DHS talks come Thursday, when senators are hoping to leave town.
Republicans need at least seven votes from Senate Democrats to prevent a DHS shutdown, and some Senate Democrats continue to signal they could be convinced — if there’s a bona fide negotiation.
“It depends on whether we’re making progress or not,” Sen. Jeanne Shaheen (D-N.H.) told reporters Monday. “We’ve got some time. Hopefully people will be working to try and get something done.”
Also undecided is how long a short-term DHS funding punt might run. GOP appropriators want at least two weeks, but the exact length “will have to be negotiated,” Thune said.
What else we’re watching:
— A high-stakes rule vote: House GOP leaders will attempt to adopt a rule Tuesday that includes language to block votes on President Donald Trump’s global tariffs through July after Democrats threatened to move as soon as Wednesday to overturn the president’s levies on Canada.
It could get hairy: Under the current member math, as few as two GOP defections could block adoption of the rule. Rep. Thomas Massie (R-Ky.) is a no. Keep an eye on Reps. Don Bacon (R-Neb.), Kevin Kiley (R-Calif.) and Tom McClintock (R-Calif.).
— SAVE America Act inches forward: The House will consider the SAVE America Act in Rules on Tuesday despite the uncertain future in the Senate for the GOP elections overhaul. It’s on track to hit the House floor Wednesday.
The four Democrats who supported a version of the bill in April — Reps. Henry Cuellar of Texas, Ed Case of Hawaii, Marie Gluesenkamp Perez of Washington and Jared Golden of Maine — have so far been mum on whether they will support the updated measure. Jeffries said House Democrats will discuss the measure Tuesday morning.
— DHS officials take the stand: House Homeland Security Committee members will question DHS officials Tuesday morning for the first time since last month’s fatal shootings of Renée Good and Alex Pretti sparked bipartisan backlash against the Trump administration.
Acting director for ICE Todd Lyons, Customs and Border Protection Commissioner Rodney Scott and U.S. Citizenship and Immigration Services Director Joseph Edlow will testify.
While Democrats are expected to give the officials a fierce grilling, some Republicans will also likely push them for more clarity on ICE operations.
Myah Ward, Alex Gangitano, Jordain Carney, Meredith Lee Hill and Mia McCarthy contributed to this report.
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