By Kristina Peterson and Natalie Andrews
WASHINGTON -- Republicans and Democrats sparred on Monday over
the number of beds used for immigrants detained by enforcement
authorities as they restarted talks aimed at breaking an impasse
over border security and avoiding another government shutdown.
After meeting for nearly 90 minutes Monday afternoon, the top
four lawmakers on the House and Senate appropriations committees
reconvened in the evening and planned to gather again for a third
session later in the night. They are racing to pass legislation for
President Trump to sign before current government funding expires
at 12:01 a.m. Saturday.
Senate Appropriations Committee Chairman Richard Shelby (R.,
Ala.) said lawmakers were hoping to reach a deal later Monday
night. "At the moment, the odds have improved, but they still have
not crystallized," he said.
For months, the public dispute over the border has largely
focused on funding levels and the design of border barriers,
spurred by Mr. Trump's longstanding call for a wall along the
U.S.-Mexico border. But over the weekend, Republicans raised
objections to limits that Democrats have long been seeking on the
number of beds that would be provided for people detained by
Immigration and Customs Enforcement officials.
Democrats have wanted to force the Trump administration to
prioritize the detention of immigrants with criminal records above
those who, for example, overstayed their visas.
"How the government deals with ICE is a very important issue,
and that's why the beds are so critical to this negotiation," said
Rep. Nita Lowey (D., N.Y.), chairwoman of the House Appropriations
Committee.
Democrats have been working to secure some constraints on ICE as
a concession from Republicans, in exchange for meeting GOP demands
to build more physical barriers along the border. Republicans have
balked at the limits on ICE beds, saying they don't want to
restrain their capacity to detain criminals.
"This is a poison pill that no administration -- not this one,
not the previous one -- would -- or should -- ever accept," Senate
Majority Leader Mitch McConnell (R., Ky.) said on the Senate floor.
"House Democrats want to set a limit on how many criminal aliens
our government can detain."
Democratic aides said that if ICE officials conduct proper
vetting, they could detain all the individuals considered the most
dangerous.
Mr. Trump remains a wild card, and the latest delays in reaching
an agreement heightened prospects that he would declare a national
emergency and seek to divert funds from elsewhere to go toward
miles of a wall along the Mexican border. Such a move would meet
swift legal challenges, and GOP lawmakers have raised concerns over
siphoning military-construction or disaster-aid funds to build the
wall.
Mr. Trump has been seeking $5.7 billion to go toward a border
wall. The amount under negotiation is a range of $1.3 billion to $2
billion, which would include funding for barriers and other
measures and could mark an increase from the last fiscal year.
In comments Monday, Mr. Trump said Democrats, "don't want to
give us the beds," adding: "We need a wall or else it's not going
to work."
Asked if there would be another shutdown, which Mr. Trump ended
weeks ago when he agreed to a three-week stopgap measure with no
border-wall funding, the GOP president sought to direct any blame
away from the White House. "That's up to the Democrats," he
said.
Lawmakers have little appetite to shut the government, having
just endured a 35-day partial shutdown in which hundreds of
thousands of federal employees were furloughed or forced to work
without pay.
Democrats, while balking at a wall, have signaled willingness to
fund some physical barriers, such as fencing and levee walls, along
the border.
Democrats had proposed establishing a new limit on detention
beds used by ICE officials when apprehending people for violations
within the U.S., known as interior enforcement. Those beds would be
capped at 16,500, within the existing overall cap of 40,520 beds
funded in the fiscal year 2018 spending bill.
"A cap on ICE detention beds will force the Trump administration
to prioritize deportation for criminals and people who pose real
security threats, not law-abiding immigrants who are contributing
to our country, " said Rep. Lucille Roybal-Allard (D., Calif.), who
leads the House Appropriations Homeland Security panel.
Republicans objected, wanting to exclude violent criminals from
that cap. Without an agreement on ICE beds, talks on funding levels
and physical barriers stalled.
"The Democrats do not want us to detain, or send back, criminal
aliens! This is a brand new demand. Crazy!" Mr. Trump tweeted on
Monday.
But the dispute over ICE beds has been under the radar for
months. Liberal Democrats have urged leaders for weeks not to
provide any additional funding to the Homeland Security Department
or ICE in the negotiations.
Within the group of 17 lawmakers trying to cut a deal, Democrats
had initially proposed lowering the overall cap to 35,520 beds,
which Republicans rejected. The White House has urged Congress to
increase funding for 52,000 beds.
Matthew Albence, a top official at ICE, said on a call organized
by the White House that lawmakers "are trying to undermine our
ability to do interior enforcement and to enforce immigration law"
by imposing artificial caps on the agency's funding. "There are
people that are buying into this whole 'Abolish ICE' movement and
are trying to do so through the fiduciary process at this
point."
Before the talks broke down over the weekend, lawmakers had been
discussing funding ICE at a level that would have limited the
agency to between 34,000 and 38,500 total detention beds by year's
end, a House Democratic aide said, although Republicans disputed
this.
Mick Mulvaney, Mr. Trump's interim chief of staff, on Sunday
said the possibility of another lapse in government operations
couldn't be ruled out. The five-week shutdown that began in
December ended with a short-term spending bill that runs out
Friday. Lawmakers said if they haven't reached an agreement before
then, they may need to pass a short-term spending bill.
--Louise Radnofsky and Peter Nicholas contributed to this
article.
Write to Kristina Peterson at kristina.peterson@wsj.com and
Natalie Andrews at Natalie.Andrews@wsj.com
(END) Dow Jones Newswires
February 11, 2019 19:44 ET (00:44 GMT)
Copyright (c) 2019 Dow Jones & Company, Inc.