In what is already one of the most turbulent years in Washington, Congress could soon be staring down another crisis — the possible deportation of 700,000 Dreamers.
The Supreme Court is expected to rule in the coming weeks on the fate of an Obama-era program to shield undocumented immigrants brought to the U.S. as children, delivering a jolt to Washington amid a global pandemic and historic unrest over the killing of African Americans at the hands of police.
A Supreme Court decision necessitating Congress to act would add another monstrous task to its to-do list this year, while also thrusting lawmakers into one of the thorniest political debates just months before they, and President Donald Trump, are on the ballot.
Many lawmakers from both parties say they support the popular “Dreamers” program, the Deferred Action for Childhood Arrivals, which has been in legal limbo since Trump’s attempt to ax it in 2017. But they are also openly skeptical that Congress could, on top of everything, finally clinch a deal on immigration reform.
Sen. Dick Durbin (D-Ill.), who has long advocated immigration reform, predicted Congress would do nothing if the high court struck down the program. That would make hundreds of thousands of people in the DACA program subject to deportation if the White House and Trump don’t step in.
“Not with this McConnell Senate. It’s unlikely that we will do anything to help these young people,” Durbin said, referring to Majority Leader Mitch McConnell, who has said any DACA fix should be accompanied by broader reforms.
It could hardly be a busier election year for Democrats and Republicans, and there’s no sign of it letting up. In the coming weeks, Congress’ agenda includes a potential police reform bill and negotiations over the next — and potentially final — major coronavirus relief package. That’s on top of funding the government and approving a must-pass defense spending measure.
“We’ve had a lot of stuff thrown into our lap since I’ve been here,” said Sen. Mike Braun (R-Ind.), who has supported border wall money but said he needs to study DACA more. “I think there was a thing called impeachment and then the coronavirus and then police reform so, I guess we can handle this as well but I think it would really be a big issue thrown among many others.”
The Supreme Court could leave Congress with a wide range of options. It could overturn the protections for “Dreamers” immediately, phase it out over time, or perhaps require additional regulatory steps from the Trump administration.
If the court sends the issue back to Congress to fix with a deadline, many lawmakers say it could actually force party leaders to come to the table.
“We’re hoping for the best, but with the court, they can obviously come down either way. We’re prepared whatever the decision is,” Rep. Joaquin Castro (D-Texas), chairman of the Congressional Hispanic Caucus said in an interview, pointing to the Democrats’ existing legislation.
But, he added, the politics won’t be pretty: “The White House tries to use everything as leverage, tries to exploit any situation. We expect that.”
“I have learned in my time in Congress, Congress always does best when there’s a deadline,” added retiring Rep. Will Hurd (R-Texas), a centrist House Republican who has spent years fighting for a DACA fix.
The pressure for swift action, Hurd argued, would be immense if the court does knock out DACA. Recent polling by CBS showed that 85 percent of people support allowing immigrants brought to the U.S. as children to stay, including 73 percent of Republicans.
“If the Supreme Court decides that DACA is unconstitutional, what happens to those 700,000 young men and women? What happens to them, and how much time does Congress have to try to create a permanent legislative fix?” said Hurd, whose majority Hispanic district borders Mexico.
Sen. Lindsey Graham (R-S.C.) conceded in an interview that broader immigration reform is a reach, particularly in an election year. But Graham, who has long supported overhauling the country’s immigration laws, said Congress can still act on issues like border security and visas in the near term, and emphasized that DACA recipients need certainty.
“I don’t think you’re going to get comprehensive immigration reform, but I think there’s a ‘mini-deal’ to be had and people are looking for outcomes,” Graham said, who has not recently spoken to the White House about the issue. “I’m hoping we sit down with the president and find a mini-package … I’m willing to try, but it’s going to take everybody else willing to try and time will tell.”
House Democrats say there’s a simple solution — for the Senate to take up their bill from last June to permanently extend the program. That bill, approved largely along party lines, was the most significant immigration bill to pass either chamber in six years, though it has since languished in the upper chamber.
Senate Republicans have said they’re willing to consider a legislative fix, but many in the caucus are also calling for a serious effort to crack down on unauthorized immigration more broadly. And they want to see reforms to visas for foreign workers.
“I do believe it would be important for us to resolve the DACA issue for those young people that are facing continued uncertainty,” said Sen. Mitt Romney (R-Utah), who belongs to the Senate GOP’s moderate wing. “I also believe that we need to decide how we’re going to deal with the 11 million or so that are here illegally and I hope that we improve our legal system of immigration.”
But Romney added: “Whether we’re going to pass something in an election year on that topic is I think an unlikely scenario.”
The task of reaching consensus is made more difficult by Senate Republicans’ insistence that Trump give his blessing before any bill goes forward. The Trump presidency has had several flirtations with Congress on immigration policy — including two government shutdowns related to the subject — but so far nothing has come to fruition.
And Democrats are still stinging over Trump’s rejection of bipartisan legislation in 2018 that would have provided $25 billion for border security in exchange for protecting DACA recipients and their parents. Last year, Jared Kushner, a senior adviser to the president and his son-in-law, tried and failed to find a bipartisan deal on asylum laws with Durbin and Graham.
During a March meeting, Trump told a group of GOP senators at the White House he wanted to wait until after the Supreme Court ruled on DACA before pursuing additional immigration reform.
Since then, Trump has publicly and privately suggested that if the court does rule in his favor, he plans to dangle the fate of the DACA program in front of Democrats in hopes of striking a broader immigration deal this summer.
“I hope that Lindsey, who actually worked with Dick Durbin to come up with a bipartisan bill, … would be able to marshal the commitment to support the DACA participants,” said Sen. Mazie Hirono (D-Hawaii). “However you never know with the Republicans.”
House Democrats say they’re already bracing for a scenario in which they’ll be forced to bargain with Trump.
“I’m hoping the Supreme Court does the right thing, but if not, then we have to work with the Trump administration,” said Rep. Henry Cuellar (D-Texas), whose southern Texas district borders Mexico.
But Cuellar also acknowledged that Congress already has a lot on its plate, rattling off spending bills, coronavirus relief, a defense policy bill and a surface transportation bill.
“The calendar is so full,” Cuellar said, adding that the House’s new voting procedures to protect members’ health in the ongoing pandemic has dramatically slowed down the process of voting. “It just takes a long time to get things done.”
Melanie Zanona contributed to this report.