Dreamers Unlikely to Tie Up Omnibus Spending After Court Ruling

Bloomberg Government

By Jack Fitzpatrick

February 28, 2018

Dreamers Unlikely to Tie Up Omnibus Spending After Court Ruling

A fiscal 2018 omnibus is unlikely to address the contentious issue of undocumented immigrants brought to the U.S. as children, key lawmakers say, after the Supreme Court effectively pushed back the deadline for dealing with the so-called “Dreamers.”

House Democrats had previously threatened to withhold support for measures to fund the government without a deal on the Deferred Action for Childhood Arrivals program. But with the recent court action, lawmakers may not have to reach an agreement in March, Rep. John Yarmuth (Ky.), the ranking Democrat on the House Budget Committee, told reporters yesterday.

The Supreme Court Monday declined to take up a Trump appeal of a federal district judge ruling that the administration must maintain large portions of the DACA program. That means the program will essentially stay in place for current Dreamers past the March 5 deadline that the White House set for ending the program. The case will have to be considered by the appeals courts before it reaches the Supreme Court, which could take months.

House Freedom Caucus Chairman Mark Meadows (R-N.C.), and Rep. Mario Diaz-Balart (R-Fla.) also said this week they don’t expect a DACA measure to be tied to a spending deal, citing the Supreme Court’s decision not to expedite the legal proceedings on the issue.

An omnibus will likely need bipartisan support in both the House and Senate, because a significant number of House Republicans who oppose an agreed-upon boost in domestic funding will vote against the measure, Diaz-Balart said. The measure will require 60 votes in the Senate.

Despite the lack of an agreement on immigration, 73 House Democrats earlier this month voted in favor of the Bipartisan Budget Act (Public Law 115-123) funding the government through March 23 and raising spending caps under the Budget Control Act (Public Law 112-25).

“It’s pretty clear that the Dems [tend] to talk about the leverage more than actually use the leverage,” Diaz-Balart told reporters Monday.

Lawmakers still are considering funding in the omnibus for portions of a wall on the U.S.-Mexico border, a campaign priority for the Trump administration that had previously been linked in negotiations to a DACA deal.

Yarmuth expects wall funds to be included, prompting some Democrats to oppose the spending package. The Kentucky Democrat said he isn’t sure how he will vote on the omnibus. Still, he said, Democrats broadly have essentially decoupled the DACA and border-wall spending negotiations as a result of the court decision.

Meadows said he expects the omnibus to include some border wall funds, although the amount hasn’t been settled. Senate appropriator Richard Shelby (R-Ala.) said yesterday it’s too early to say what will happen with border-security money.

The border-wall funding is “potentially a stumbling point,” Diaz-Balart said. Although the immediate pressure is off, lawmakers understand the DACA debate isn’t over, he said.

For more information, go to: www.beverlyhillsimmigrationlaw.com