Negotiators report progress but no solutions on border talks

Negotiators are sounding increasingly upbeat about the progress they’re making toward a border deal that would unlock aid for Ukraine before lawmakers leave for Christmas — even as they didn’t report any solutions Wednesday to the most difficult issues they face.  

Homeland Security Secretary Alejandro Mayorkas and other top White House officials huddled in the Capitol on Wednesday evening with Senate negotiators, including Sens. James Lankford (R-Okla.), Chris Murphy (D-Conn.) and Kyrsten Sinema (I-Ariz.), along with top aides to Senate Majority Leader Chuck Schumer (D-N.Y.) and Senate Minority Leader Mitch McConnell (R-Ky.) as the two sides push for an agreement that has proved elusive in recent weeks. 

Murphy, leaving that meeting, told reporters the negotiators continue to make “progress.”

“We made progress yesterday. We made progress today. … We’re not there yet, but we continue to head in the right direction,” Murphy said after more than two hours of discussions. “And I think it’s more reason for everybody to stay in town and get this done.” 

“We’re closer today than we were yesterday, and we should finish this before we leave,” he added. 

Murphy declined to provide additional details on the state of the talks. 

Wednesday’s discussions came as the chamber nears a key decision from Schumer over whether to have the Senate return Monday to continue work on the border, President Biden’s larger supplemental request and military nominations. The chamber was scheduled to adjourn this week for three weeks.

The Democratic leader did not lay out plans for next week. He did, however, file cloture on a pair of nominations, signaling the chamber could continue work into Friday to give negotiators more runway.

The House is expected to leave later this week, with Speaker Mike Johnson (R-La.) saying Tuesday he would consider calling members back if a deal is struck. 

Some Senate Republicans believed earlier Wednesday that border negotiations were still far enough apart that the chamber would break for the holidays until Jan. 8. But they also indicated the group was making slow but steady progress, with Democrats moving in their direction on talks. 

Among the proposals being discussed is an authority akin to Title 42 that allows the U.S. to suspend the processing of asylum claims and for authorities to expel migrants after a certain number of illegal border crossings is reached per day. 

Sen. Thom Tillis (R-N.C.) suggested to reporters that with more than 10,000 illegal border crossings per day, that figure could be in the ballpark of 3,000, but that it’s important that the issue is on the table. 

“If the trigger is for 20,000 crossings, it’s dead on arrival. The mere fact that they’re willing to do that is substantial,” Tillis said. “Now we should put some meat around it and then test whether or not they’re serious about that offer. … We’re talking about what would be the triggering mechanism to detain and do expedited removal.”

While Senate Republicans are largely pleased that the White House and administration officials are taking a larger role in negotiations, some lack faith in one of the key figures at the table. Sen. John Cornyn (R-Texas) told reporters he has “no confidence” in Mayorkas — who has been a subject of widespread derision in GOP circles, including multiple unsuccessful impeachment efforts in the House — and is taking solace that he will not be calling the shots in talks. 

“He should be impeached. Or resign, or just go away. I have no confidence at all in him, but he’s not going to be the decision-maker. His boss is,” Cornyn said. 

Across the aisle, Democrats are dealing with internal issues of their own as progressives and members of the Congressional Hispanic Caucus cried foul at the prospect of the bill including Trump-era items and are concerned the White House and Democratic negotiators will give up too much for a one-time batch of funds to help Kyiv. 

The 42-member caucus rallied on the Capitol grounds earlier Wednesday and pressed the administration to shoot down the more stringent border measures that are being discussed. 

“Republicans are pitting vulnerable groups against each other to strong-arm policies that will exacerbate chaos at the southern border,” said Rep. Nanette Barragán (D-Calif.), the Congressional Hispanic Caucus chair. 

“We are urging the Biden administration to say no. Do not take the bait,” she added.