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Immigration Reform and I

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Inside the border deal that almost failed


Sen. Chuck Schumer is surrounded by reporters before going for a vote. | John Shinkle/POLITICO
'Today is a breakthrough day,' Sen. Chuck Schumer said Thursday. | John Shinkle/POLITICO
Sen. Chuck Schumer spent Tuesday privately urging President Barack Obama and the entire Democratic caucus to just be patient — a border security deal they could accept was still within reach.
But after a testy, 45-minute call that night with a lead Republican negotiator of a possible compromise, Schumer could no longer follow his own advice.

Immigration debate gets heated on Senate floor

The Scrum: Border security key to immigration (PODCAST)

The New York Democrat began to lose hope. Rather than deliver immigration reform with the 70-plus-vote show of force that Schumer had hyped so often, Democrats and the Gang of Eight would have to scratch and scrape their way to a filibuster-proof majority.
And yet, less than 24 hours later, they had a deal.
The answer to their problem turned out to be simple: Throw money at it.
(PHOTOS: At a glance: The Senate immigration deal)
The Congressional Budget Office issued a cost analysis late Tuesday predicting that the reform bill would trim the deficit by more than $1 trillion over the next two decades. Schumer’s top immigration aide suggested senators could funnel some of those savings into border security.
And by Wednesday afternoon, Republican negotiators led by North Dakota Sen. John Hoeven and Tennessee Sen. Bob Corker had dropped their demand to make the path to citizenship for country’s 11 million undocumented immigrants contingent upon the government achieving a 90 percent apprehension rate along the border. In return, they secured a staggering $30 billion for what is now being called a “border surge.”
“Frankly they ended up having to give more,” said Hoeven, who had the testy phone call with Schumer.
(Also on POLITICO: 70 votes now possible in immigration deal)
The Gang of Eight, the White House and Republican senators still need to resolve differences over restricting immigrant access to government benefits.
But the agreement on border security eases passage next week of the overall bill and renews hopes among the Gang of Eight that it is closing in on an improbable, overwhelmingly bipartisan victory that few would’ve predicted only six months ago.
“Today,” Schumer said from the Senate floor Thursday, “is a breakthrough day.”
Obama has had little role in the Senate debate thus far, intentionally. But at the height of the talks Tuesday, the president weighed in with Schumer from Air Force One while traveling through Europe.
(Also on POLITICO: Gang of Eight introduces 'border surge')
Over a shaky line — they had to be reconnected twice — Obama told Schumer that the 90 percent trigger was unacceptable. Schumer said they were trying to find a different benchmark, and Obama told him to keep working toward an agreement.
The fact that the deal was reached in just hours after both sides were ready to break off talks underscored the political need for passing a bill in the Senate with a strong bipartisan majority. Democrats were eager to quell the growing perception that the bill was weak on the border, in the hopes of pushing the House into action. And Republicans, struggling to right their woes with Hispanic voters, were eager to find a bill that gave them sufficient political cover on the border — while appeasing their business allies hungry for an immigration law.
Money broke the impasse — more money than Democrats, Republicans and veterans of past immigration fights could have ever imagined. The original Gang of Eight bill included $6.5 billion for border security, and they thought that was an extraordinary, even unnecessary, investment after years of infrastructure and manpower buildup along the Southwest border.
(Also on POLITICO: Bill O'Reilly backs immigration deal)
Now, the government may spend $30 billion to double the number of border agents to 40,000, guarantee the completion of a 700-mile fence along the Southern border, and bulk up the country’s arsenal of drones, sensors and other technologies.
It would dump more money and resources on the border than Sen. John Cornyn (R-Texas) envisioned under his tough amendment that spurred the Gang of Eight into pursuing an alternative.
“We have practically militarized the border,” Sen. Lindsey Graham (R-S.C.), a member of the Gang of Eight, said proudly. “If this amendment holds together and it passes as currently constructed, border security will have been achieved at a level that nobody would have thought possible a month ago.”
(Also on POLITICO: Border security amendment delayed until Friday)
Schumer described the additional agents as a “virtual human fence.”
“The border patrol will have the capacity to deploy an armed agent 24 hours a day, seven days a week, to stand guard every thousand feet, all the way from San Diego, Calif., to Brownsville, Texas,” Schumer said.
A deal like the one reached Thursday didn’t seem possible more than a week ago.

Just as the Senate opened debate on the bill, Schumer, Graham and Sen. John McCain (R-Ariz.) were growing increasingly concerned about the momentum behind Cornyn’s border plan, which would have required the government to meet the 90 percent apprehension rate.
A surprise embrace from Sen. Marco Rubio (R-Fla.) had made the Cornyn amendment the leading choice of conservatives demanding tighter enforcement measures. And the longer it hung out there without an alternative, the more likely it would become the baseline demand for Republicans.

McCain and Schumer launched a coordinated attack from the floor last Wednesday.
Their critique: the Cornyn plan called for 10,000 agents and would cost as much as $25 billion. Cornyn disputed both figures, but McCain and Schumer railed against the amendment for adding to the deficit and assuming that manpower could solve the problem.
“The fact is that we can get this border secured, and the answer, my friends, as is proposed in the Cornyn amendment, that we hire 10,000 more border patrol is not a recognition of what we really need,” McCain said. “What we really need is technology.”
Graham, meanwhile, began looking around for Republicans who wanted a Cornyn alternative. Corker and Hoeven stepped up. And later that day, Corker’s office convened a meeting with almost a dozen interested GOP Senate offices, including Rob Portman (Ohio), Mark Kirk (Ill.), Susan Collins (Maine), Johnny Isakson (Ga.) and Roger Wicker (Miss.).
Schumer told Corker that he would consider what the group came up with as long as it didn’t make the path to citizenship for 11 million undocumented immigrants contingent upon a metric that could be left up to interpretation by future administrations. In short, they had to drop their demand that the border patrol achieve a 90 percent apprehension rate before immigrants could apply for legal permanent residence.
But the Corker-Hoeven talks remained deadlocked for days.
Democrats began growing impatient that Schumer would cave.
He fielded a call Tuesday from Homeland Security Secretary Janet Napolitano. He urged the Democratic caucus during their luncheon that day to give the negotiators some time.
But Schumer’s optimism began to dim later that night as he tried to convince Hoeven during their phone call that the 90 percent trigger wouldn’t work.
They got nowhere. Hoeven wouldn’t back away from keeping the 90 percent apprehension rate. That was too much for Schumer, who believed the pathway to citizenship would be unattainable under Hoeven’s approach.
Get creative and find another solution, Schumer suggested to Hoeven. And the two men ended the call, with no deal in sight — and the time running out in the Senate floor debate.
“It was a pretty tough conversation because they were stuck on the trigger,” Schumer said Thursday.
The breakthrough they needed came that afternoon from an unlikely source: the nonpartisan congressional scorekeeper known as the CBO.
The CBO issued its long-awaited cost analysis and concluded that the bill would trim the deficit by $175 billion over the next decade and $900 billion in the second decade. The better-than-expected savings gave negotiators room to pour even more money into the border. The promise of resources — rather than an apprehension rate — would be the trigger.
Schumer pitched the idea to Graham and Corker in the meeting Wednesday morning. They liked it and shared it with a broader group as the day wore on, picking up support from others in the Gang of Eight and the Republican conference. In particular, Rubio and others in the GOP liked the proposal to complete the 700-mile fence along the Southern border.
Confident that a deal was at hand, Schumer called White House Chief of Staff Denis McDonough on Wednesday night to describe the outlines.
“I don’t think you’re going to have a problem with this,” Schumer said at the top of the call.
He was right.

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  • Avatar
    Clintoncrat for Palinan hour ago

    "Republican negotiators led by North Dakota Sen. John Hoeven and Tennessee Sen. Bob Corker had dropped their demand to make the path to citizenship for country’s 11 million undocumented immigrants contingent upon the government achieving a 90 percent apprehension rate along the border. In return, they secured a staggering $30 billion for what is now being called a “border surge.”
    “Frankly they ended up having to give more,” said Hoeven."
    No, Mr. Senator. They gave nothing, and you gave everything. No, I'm wrong; I stand corrected: you gave them nothing, too! Do you know why? Because the bill still hasn't passed! Did you notice you didn't get your demand to make the path to amnesty-citizenship no longer contingent on border security? And did you notice that they got their demand to no longer link the pathway to amnesty-citizenship contingent on border security? Why is there an unconditional pathway to amnesty-citizenship for everyone who broke into our borders, anyway? 11 million? Maybe. But then again, maybe there's 30 million of them, or 60 million. Why are we giving all of them a pathway to amnesty-citizenship right now, however many there are, because really, we don't actually know! How is that smart? At the least save it for another day. We can give them all work-visas, and it won't be too late to hand them all citizenship later if it turns out there's an acceptable number of them, like 11 million. But to just give all of them amnesty-citizenship now, without actually really knowing how many of them there really are? And not securing the border on top of that? That's just madness, and it's a lousy half-melted excuse for the Cornyn amendment. Seriously, anyone who said "we need to secure the border first" and accepts this amendment in lieu of Senator John Cornyn's is being a dishonest chicken-hawk. And we won't forget come primary election time, Mr. and Mss. Senators, and Congresspeople, and general election time. We will remember the sell-outs that for some strange reason voted for this monstrosity of an excuse for "comprehensive immigration reform," which isn't even really about immigration or even illegal immigration, but about illegal immigrants. PUMA.
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  • Avatar
    aiamorningan hour ago

    It doesn't matter how many additional agents patrol the border if the Obama administration won't deport the people apprehended. ICE is suing the Obama administration for that very reason.
  • Avatar
    Joe Walshan hour ago

    a SCAM..........U.S. IN DECLINE! If US law was followed this entire scenario would have never happend! CAN YOU SPELL SHAM......NO WOOL PULLED OVER MY EYES. IDIOT GOVERNMENT RUN AMUCK......BASTAGE!
  • Avatar
    Blackeyedbeaveran hour ago

    Hmm..."Fiscal conservatives" demanded $30 BILLION in new federal workers? Wondering at the level of disappointment/RAGE being felt by the tea-baggers out there?
    I mean, it's GOTTA hurt when you're run over by the bus, no?
  • Avatar
    U_Gummahan hour ago

    .
    Today is a bad day for America.
    .
  • Avatar
    Robert Williams43 minutes ago

    And Scamnesty will FAIL in the House. Join NumbersUSA and kill the stinking bill!
  • Avatar
    Timmy22536 minutes ago

    The Socialist left want to keep or give out more welfare, aka free stuff to many who don't need it just to secure votes. they don't want border security, they want to give all the illegals more free stuff and get even more sheep on the government t i t t y.
  • Avatar
    Timmy22534 minutes ago

    No more FED agents, aka gestapo goons for border security, use the national gaurd, will give them something to do during their two week vacations while on duty.
  • Avatar
    sensi33 minutes ago

    And they are all happy to throw $30 billion into a chimera, militarized border, 40.000 border agents and one every thousand feet 24/24, right, it seems highly reasonable and not at all a waste of money, moreover at the view of today negative immigration figure with illegals going back to Mexico... Pathetic.
  • Avatar
    tombarnes25 minutes ago

    Goodbye America, your Baby Boomer generation, in the interests of their social status, have decided to studiously ignore the country-changing issue of immigration for fear of appearing "Racisss!" and thus socially signaling they are trailer trash(meaning 'white').
    The good Baby Boomers have ignored this issue because it does not really affect them YET. They just eat at exotic restaurants and think 'How nice.' But their granddaughters will be pulling tricks because they won't be able to get jobs due to the Affirmative Action for all new immigrants but not for the founder population of the country.
    Do you think people who lived in Langley Park, Md for twenty years in 1970, like the changes that have been wrought by our new Immigration Policies? These original residents had a suburban town where they knew everyone and then a replacement population arrived, replete with a new language.
    No the Baby Boomers have eaten their grand children's lives, simply for social status.
  • Avatar
    FJH15 minutes ago

    Sanity has once again left the Hill...
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