Dem 47
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GOP 53
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In Congress, Part I: In DHS Negotiations, Neither Side Wants to Play Ball

Technically speaking, with a whole week left before funding for DHS runs out, we are still in the "posturing" phase of negotiations. So, maybe it doesn't mean too much that the two sides are getting nowhere. On the other hand, a bill would have to be agreed upon, passed by the House, passed by the Senate, and signed into law by Donald Trump. Even if the two sides had a workable bill by, say, Tuesday morning, there are enough potential flies left in the ointment (say, a posturing Senator) that the remaining time might not be enough.

The focal point of disagreement, of course, is ICE. Democrats want some pretty strict restrictions imposed on that agency, Republicans are rather less enthusiastic. On Wednesday night, Senate Minority Leader Chuck Schumer and House Minority Leader Hakeem Jeffries (both D-NY) released a list of demands on behalf of their party. We suspect the list will gladden the hearts of many Democrats, because it's a real, aggressive opening bid. Initially, the total number of demands was just three, but on the Wednesday list, it was 10. Here is the executive summary:

  1. No entering properties without a proper warrant; non-citizen status must be verified before detention

  2. No masks

  3. Agents must have and wear ID, and must verbalize their identity if asked

  4. No ICE enforcement near "sensitive" locations, including hospitals, schools, churches and polling places

  5. No racial profiling

  6. Adherence to proper "use of force" standards

  7. Coordination with state and local authorities

  8. Safeguards, like people must be allowed access to their attorneys

  9. Body cameras

  10. Standardize equipment and uniforms; no use of military/paramilitary gear

Senate Majority Leader John Thune (R-SD) responded, "It's totally unrealistic. Their demand list went from three items to 10 items. It just shows you they're not, they're not serious yet." He added that, "There are a few things that, actually, there's probably some room to maneuver on there, to negotiate on. But a lot of that stuff, obviously, just wasn't serious." Thune did not specify which things are open to negotiate on, and which are not. He did make clear, however, that—once again—those negotiations are not his job, and that the Democrats need to be talking to Donald Trump.

Inasmuch as Thune basically punted on the whole federal budget, he probably means it when he says he's not interested in getting involved. And so, Democrats—backed strongly by public sentiment, and with a base that will go nuclear if serious concessions are not extracted—get to talk to a man who is all-in on ICE, and who will presumably have Stephen Miller whispering in his ear. We would imagine that the only realistic way the government does not shut down is if there's another can-kicking bill that adds a few weeks to the negotiating window. Whether backing such a resolution, if offered, makes sense for the Democrats, we are not sure. There may be something to be said for "These are our demands. Take them, or else ICE shuts down indefinitely." (Z)



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