More than a month into the shutdown at the Department of Homeland Security, negotiators are finally feeling the pressure to sit down and negotiate.
Republican senators say there’s even a significant offer on the table from Sen. Markwayne Mullin, R-Okla. — President Donald Trump’s pick to lead the department.
But after weeks of inaction, the new movement doesn’t mean negotiators are necessarily close to a deal.
“We’re still a long ways apart,” Sen. Patty Murray, D-Wash., told reporters after a meeting in the Capitol with border czar Tom Homan and Republican senators that lasted about an hour and 15 minutes on Thursday.
Homan struck a more urgent tone, saying negotiators “need to get the government back open — that’s all we need to do.”
Senate Appropriations Committee Chair Susan Collins, R-Maine, said it was “very worthwhile” to finally hold an in-person meeting. But she said “the Democrats’ list of demands keeps growing and growing, and that makes it difficult.”
In the lead-up to the meeting — the first significant in-person negotiation in weeks — Republicans touted policy changes they’re willing to make at DHS, in response to the Democratic outcry after federal officers killed Renee Good and Alex Pretti in Minnesota.
In particular, Republicans pointed to a promise from Mullin to require Immigration and Customs Enforcement agents to get judicial warrants to enter homes and businesses, rather than the internally approved administrative warrants they’ve frequently relied on recently. Mullin made the promise during his Wednesday confirmation hearing to replace Kristi Noem as DHS secretary.
The pledge “shows a good-faith effort” from Republicans, Sen. Katie Britt, R-Ala., the lead Republican negotiator on DHS in the Senate, told MS NOW on Thursday.
“I think it also reiterates that soon-to-be Secretary Mullin is the right choice,” Britt told MS NOW. “He’s going to figure out a pathway that will continue to protect our law enforcement officers and protect the safety and security of the American people.”
After the huddle with Homan, Britt cited movement in the right direction, but would not disclose specifics.
“I think dialogue is certainly progress,” Britt said. “It’s been 48 days since we passed the CR [continuing resolution] and I appreciate my Democratic colleagues sitting down.”
Mullin’s promise may be a significant policy change, but so far it’s fallen short of a critical demand by Senate Democrats, who want a firm offer from Republicans and the White House.
“We need it in writing,” Murray told MS NOW ahead of Thursday’s meeting.
Despite the posturing and strong language, there are signs — albeit small ones — that a light could be appearing at the end of the tunnel.
As senators were meeting with Homan on Thursday, Senate Majority Leader John Thune, R-S.D., threatened to cancel an upcoming recess for the upper chamber — an ultimatum that hits close to home for senators. The Senate is scheduled to leave town next Friday for a week.
“It needs to get resolved, you know, by the end of next week,” Thune said. “I can’t see us taking a break if the government’s still shut down.”
Whether Mullin’s show of good faith gets negotiators there in time remains unclear.
Mullin’s pledge to largely end DHS’ use of administrative warrants came during a confirmation hearing dominated by personal sniping. But GOP senators have cited the exchange as evidence they’ve offered real concessions. “A judicial warrant will be used to go into houses and to place of businesses, unless we’re pursuing someone that enters in that place,” Mullin told members of the Senate Homeland Security and Governmental Affairs Committee. “I have not mixed words with that, and I haven’t changed my opinion about that.” Asked about the offer on Thursday, Thune told reporters there’s been “a lot of attempts by the administration to address concerns that Democrats have raised, and that’s an issue, obviously, which there’s some concerns about.” The committee approved Mullin’s confirmation in an 8-7 vote, with Sen. John Fetterman, D-Pa., backing him to cancel out the opposition of Sen. Rand Paul, R-Ky., the chairman. Mullin could see a Senate floor vote on his nomination as soon as this weekend. ICE has drawn scrutiny from lawmakers — and attracted lawsuits — for its use of administrative warrants, approved by its own leaders rather than by a judge. Democratic lawmakers had pushed since late January for a requirement for federal agents to get judicial warrants. They have also sought requirements for agents to remove masks, wear body cameras and comply with state and local investigations. For weeks, Democratic negotiators have said the push for judicial warrants was a key sticking point. Senate Minority Leader Chuck Schumer, D-N.Y., told reporters on Tuesday, a day before Mullin made the promise, that Republican negotiators “haven’t budged” on the issue of warrants. Mullin’s comment doesn’t meet Democratic demands for an agreement written into legislative language. But Republicans insisted it was a major concession that shows they’re negotiating sincerely. “Markwayne was making a pretty clear statement, as he was leader of DHS, that he would require judicial warrants if they’re actually going into a home, unless they’re pursuing somebody,” Sen. James Lankford, R-Okla., told reporters Wednesday after Mullin’s hearing. “So that did seem like a change from what it has been in the last year.” Sen. John Hoeven, R-N.D., a senior member of the Appropriations Committee who attended Thursday’s meeting, also said Mullin’s commitment to judicial warrants bolstered the GOP’s case that it’s offering significant concessions. “We’ve offered a lot of things,” Hoeven told MS NOW. But in case it seemed like the DHS standoff might wrap up imminently, Hoeven added that Democrats “haven’t moved at all.”
Jack Fitzpatrick covers Congress for MS NOW. He previously reported for Bloomberg Government, Morning Consult and National Journal. He has bachelor's and master's degrees from Arizona State University.
Mychael Schnell is a reporter for MS NOW. Recommended
