Republicans on Capitol Hill are battling a bad case of déjà vu, as intraparty disputes over an immigration enforcement funding package and an extension of the government’s warrantless spying powers have left lawmakers no closer to a resolution on the two matters than they were a month ago.
Senate Republicans departed Washington last week without passing the reconciliation package to fund immigration enforcement after disagreements over a $1.776 billion so-called “anti-weaponization fund” derailed plans to move the measure before President Trump’s self-imposed June 1 deadline. At the same time, privacy hawks have continued to press for a warrant requirement, and a permanent central bank digital currency (CBDC) ban in any long-term extension of Section 702 of the Foreign Intelligence Surveillance Act (FISA), which is set to expire in mid-June.
The lack of action on both fronts has fueled frustration among Republicans, many of whom had hoped to notch major legislative victories as the midterm election cycle ramps up.
“You know, this can be a very frustrating place. There’s no question about that, but yeah, I wish we could get more done,” said Rep. Buddy Carter (R-Ga.), who was defeated in the Georgia Senate GOP primary.
“I think we’re living in a little bit of dysfunction and chaos,” Rep. Don Bacon (R-Neb.) said.
The immigration package and FISA extension are not the only items languishing on Republicans’ legislative to-do list. The upper chamber has yet to take up the House-passed farm bill and housing bill, and any changes to either measure would require sending them back to the House for another vote.
Meanwhile, Republicans are acknowledging that the outlook is bleak for a potential third party-line package they hope to pass without Democratic votes that could include funding for the Iran conflict, defense spending, healthcare reform, fraud prevention and a host of other Republican priorities.
Asked about the inaction, Rep. Byron Donalds (R-Fla.) pointed the finger at the Senate.
“I want the American people to understand that what really holds up this town … what holds up this town more and more: lazy senators,” Donalds said.
Donalds argued that the House had already passed a three-year extension of Section 702 that included a CBDC ban, but that the Senate declined to take up the measure. Congress instead passed two-short term extensions to keep the surveillance authority in place, after Senate Majority Leader John Thune (R-S.D.) warned that any Section 702 reauthorization tied to a CBDC ban would be dead on arrival in the upper chamber.
“Asking us what we’re doing. Oh, what are they doing? Maybe they should communicate, maybe they should, you know, talk … it’s a novel concept,” Donalds added.
It’s unclear when Republicans will finalize the immigration package or whether they can reach an agreement before Section 702 of FISA expires on June 12. Both Speaker Mike Johnson (R-La.) and Thune, who are navigating razor-thin GOP margins, not only have to handle the divisions within their own conferences but also disagreements across chambers, complicating efforts to move major legislation across the finish line.
The “anti-weaponization” fund, which would pay out people who believe they were unfairly investigated or prosecuted under the Biden Department of Justice, has sparked concern among many Senate Republicans, who argued that it could allow Jan. 6 rioters — including those convicted of assaulting police officers — to receive compensation.
Thune said last week that the White House needs to address his colleagues’ concerns about the fund if the immigration bill is to move forward after the Memorial Day recess.
Some Senate Republicans had also pushed back against a provision in the immigration funding package that would include $1 billion in security funding for a new White House ballroom and other Secret Service priorities. The Senate parliamentarian had ruled against the measure, leaving lawmakers divided over how — or whether — to revise the provision and incorporate it back into the package.
Separately, privacy-minded conservatives in the lower chamber have yet to reach an agreement with Johnson on Section 702 reforms.
“Here we go again, and we’ll see. Hopefully they’ve learned from the last … people’s minds are made up on this, so we need to just, they — we were almost there. We were almost at a point where we had an agreement,” said Rep. Eric Burlison (R-Mo.), a member of the far-right House Freedom Caucus. “So maybe we’ll — hopefully we can move that ground a little bit.”
Bacon said that he finds “this place works very slow until it doesn’t.”
“We have to get FISA done. We got to fund Border Patrol and ICE [Immigration and Customs Enforcement]. I mean, those are just the requirements, and if we work with 60 Democrats on FISA, we can get this done pretty quick,” Bacon said.
Johnson could opt to move a long-term extension of Section 702 through a fast-track process called suspension of the rules, which would require two-thirds support to succeed. But he would need to get enough Democrats on board to move ahead with the effort. Otherwise, he would need near-unanimous support from his conference to advance a long-term extension through regular order.
Asked whether he was confident that lawmakers will meet the FISA deadline, Rep. Tim Burchett (R-Tenn.) said, “No, I’m not. I’m not confident at all.”
House Republicans, however, are still aiming to steamroll ahead with the immigration funding package and FISA extension, despite the internal tensions, as pressure from the White House ramps up to get both legislative priorities done.
“My dairy men and women milk cows three times a day,” Rep. Derrick Van Orden (R-Wis.) said. “So if that means I come here and work 16 hours, which I already do, that’s my job. I’m not worried about doing my job.”
Rep. Brian Mast (R-Fla.) said, “I am confident everything will get done. I can’t tell you what day.”
