Senate Gives Trump ICE Reconciliation – And a No on the SAVE Act

But a handful of Republicans either joined Democrats or strongly considered doing so, and this first vote of the day was held open for nearly three hours. Republicans Susan Collins of Maine, Jon Husted of Ohio, and Alaska’s Dan Sullivan voted for it, along with all the Democrats. That left just Bill Cassidy, the recently primaried senator from Louisiana, who reportedly spent the three hours threatening to vote aye if he didn’t get his own amendment to redirect the fund instead. Had Cassidy crossed the aisle, it would almost certainly have proven a poison pill, killing the reconciliation bill right there. The amendment would pass, but the final bill almost certainly wouldn’t – unless all the Democrats and those four Republicans all supported it.

But Cassidy eventually voted against it and began working on his own amendment to redirect the whole $1.766 billion to members of law enforcement “who suffered injury or economic loss while defending the United States Capitol on Jan. 6, 2021,” only for Senate Parliamentarian Elizabeth MacDonough to single-handedly kill it. She ruled the Cassidy amendment would need 60 votes to be adopted, and the final vote was 52-47, with six Republicans – Cassidy included – and all 46 present Democrats voting for it.

The night continued largely along those lines, with Democrats and even a handful of Republicans trying to wrest spending authority from the president in some form or fashion. More than a half dozen focused on blocking or redirecting the anti-weaponization fund, one sought to block funding for the White House ballroom, two more would redirect ICE funding to DACA recipients, and another pair would fund housing initiatives instead. One amendment even targeted Trump’s new choice for director of national intelligence by seeking to prohibit anyone from serving as DNI “if such individual is simultaneously serving as the head of any other Federal department or agency.”

On a less anti-Trump note, two amendments were also made – though subsequently shot down – to effectively add the SAVE Act to the reconciliation bill and require citizen-only voting and voter ID nationally.

Ultimately, however, all amendment attempts failed and, as Sen. Lindsey Graham (R-SC) said at the time: “Almost 19 hours later, we’re actually gonna talk about the bill and what’s in it.”

“What we’re about to do is fund the Border Patrol and ICE through the entire Trump term – because you wouldn’t help us,” the South Carolina senator said. “America will be safer. I ask for adoption of this amendment.” The roll was then called, and within ten minutes, all 99 present senators had cast their ballots. Every Republican but Alaska’s Lisa Murkowski voted in favor, and all 46 present Democrats and independents joined her in voting against it for a final result of 52-47. Sen. Michael Bennet (D-CO) was not present.

All the Other Issues

Notably, this marathon session wasn’t just about passing a reconciliation bill to fund ICE and Border Patrol. There was also an attempt at passing, effectively, the SAVE Act. Three Republicans – Alaska’s Lisa Murkowski, Kentucky’s Mitch McConnell, and Thom Tillis of North Carolina – voted with all the Democrats against the first attempt to modify election law, and all three of them, plus Susan Collins of Maine, did the same in the second attempt. A half-dozen Republicans at different times split from the majority to try to defund or redirect the anti-weaponization fund or to block funding for the ballroom, as well.

Finally, after the reconciliation bill squeaked by just shy of 5 a.m., Senate Majority Leader John Thune (R-SD) called for a vote on a motion to proceed to the House message on FISA reauthorization – which is presently set to expire on June 12. Forty-seven Republicans were ready – but seven weren’t and joined the full roster of Democrats voting against taking up the bill. Though, after 19-and-a-half hours of arguing and voting, that could simply mean they were tired and ready to go home!

The news of the night was concerning for President Trump – especially considering that four House Republicans had crossed the aisle just a day earlier to help Democrats pass a war powers resolution against him over Iran. Overall, however, it’s a win for the president, as the reconciliation bill he so desired passed.

Now it moves on to the House. There was a time when the outcome there might have seemed a foregone conclusion. After the tough time it had in the Senate, however, and the outrage across both parties in both chambers over the IRS settlement and the war powers vote, its fate is far from certain.

What is a reconciliation bill?

A reconciliation bill is a special procedure that allows the Senate’s 60-vote filibuster rule to be bypassed – but only on certain types of fiscal issues.

How does a reconciliation bill work?

Reconciliation bills pass by simple majority (51 votes) and can’t be filibustered – but there are a few catches. The legislation is limited to only provisions that directly affect federal spending, revenues, or the debt ceiling; it’s subject to unlimited amendments up to a certain time limit; and it can only be used so many times.

How often can a reconciliation bill be used?

Reconciliation can technically be used three times per fiscal year – once for federal spending, once for the statutory debt limit, and once for taxes – but, because of the difference between calendar years and fiscal years, there could be more in a single legislative session. Most of the time, however, it’s used only once or twice a year.