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Senate Minority Leader Chuck Schumer has indicated to colleagues that he sees a potential deal to reopen the Department of Homeland Security this week — but is still seeking more concessions, according to two people briefed on the conversations.
The New York Democrat and his 47-member caucus are in a bind of their own as they try to find a sweet spot that can end the shutdown. They still hope to win a significant concession by getting Republicans to agree to reopen DHS without funding for some of President Donald Trump’s immigration enforcement policies while also extracting enforcement policy changes.
Senators are currently discussing a deal that would leave out roughly $5 billion in Enforcement and Removal Operations from ICE but keep funding for probes of alleged drug smuggling, human trafficking, and other homeland security investigations.
“He made it clear to his members and to Republicans that only removing ERO funding without any other reforms is not enough,” said a spokesperson for Schumer.
Schumer has taken heat from the left since Trump returned to office for cutting a shutdown deal early last year with the GOP. He opposed a plan to reopen the government last fall in a fight over health care subsidies, but enough Democrats broke away then to end that shutdown.
Now he needs to avoid any perception that he’s letting the administration off the hook for bigger enforcement changes that Democrats want.
If Schumer doesn’t bless a final deal, he could try to deny Republicans the Democratic votes they’ll need to break the Senate’s 60-vote threshold and reopen DHS. Democrats are sharply split on sending ICE and CBP any money at all, and Republicans believe many Democrats will end up voting against any agreement.
“The Democrats are not going to vote for anything pertaining to ICE because the wing of their party that’s in control will publish them for them for the rest of their natural lives,” said Sen. John Kennedy, R-La.
Schumer and his members want as many changes to immigration enforcement as they can get as a condition for funding the department, including body cameras, limits on enforcement at schools and hospitals, and identification of officers. Their most challenging requests in the talks are removing masks from federal officers and requiring judicial warrants for deportations.
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Four Senate Republicans met with Trump and White House officials on Monday evening, presenting him with a plan to reopen DHS after 39 days and fund TSA and other popular government agencies like FEMA and the Coast Guard.
Trump turned down a deal over the weekend and insisted the SAVE America Act, a voter ID and citizenship requirement bill, get passed before he’d reach an agreement with Democrats.
The GOP senators believe they have persuaded Trump to support more money for immigration enforcement as part of a party-line bill that would also potentially include portions of the voter ID plan; such legislation could be difficult to pass should it materialize later this year.
The conservative House Freedom Caucus called the plan “failure theater.”




