‘a Complete Non-starter’: White House Draws Red Lines In Dhs Funding Talks As Shutdown Looms

One of Democrats’ key demands to overhaul President Donald Trump’s immigration agenda is a red line for the White House.

Democrats want to require federal law enforcement officials to obtain a judicial warrant before entering private property, but that’s dead on arrival, according to three people close to the administration and a GOP strategist, all of whom were granted anonymity to speak about private conversations.

“The judicial warrants are the key operational thing that [deputy chief of staff] Stephen Miller and the crew do not want to budge on,” said the GOP strategist who focuses on immigration.

One of the people close to the administration described the judicial warrants proposal as a “complete nonstarter for the White House,” as well as for many congressional Republicans.

Other Democratic asks, including prohibiting federal immigration agents from wearing masks, requiring officers to display identification and an expansive limit on places where agents can operate, would need major concessions from Democrats to make them palatable for the Trump administration, the people said.

The apparent ultimatum sets up a clash between the Trump administration and Democrats ahead of a Friday night deadline that threatens to shut down a part of the federal government.

The White House on Monday evening sent a counterproposal to Senate Democrats but declined to share details, according to a White House official, Senate Majority Leader John Thune and two congressional aides.

The dialogue gives top congressional Republicans reasons to remain optimistic that a deal could ultimately be reached, even while acknowledging Congress will need to buy itself at least a couple more weeks if it’s going to get a deal to Trump’s desk.

“It’s hard to predict right now how this all plays out, but I do think at least that there’s a good back-and-forth, and I think on substantive issues,” Thune told reporters Monday. “So we’ll see where it’s going, but it’s progress.”

The Trump administration’s stance remains fluid and could change depending on conditions in Minneapolis, political blowback or Democrats willingness to compromise. And White House press secretary Karoline Leavitt noted last week that any final decision will be made by Trump.

But as negotiations get underway, a growing number of immigration hawks are pressuring the White House to stand firm and give the Democrats next to nothing, especially since tensions in Minneapolis have, if only slightly, decreased.

“They have already significantly de-escalated in Minnesota, and in doing so won some important concessions from local law enforcement agencies there,” said one person close to the administration. “They are not going to want to make it any harder for ICE to do its job by creating new rights for deportable aliens and new red tape before they can take action against someone.”

Still, Democrats believe they have leverage given the bipartisan uproar that followed the fatal shootings last month of U.S. citizens Alex Pretti and Renee Good by DHS agents in Minneapolis.

But while conversations are ongoing between the White House and congressional leaders, Democrats are in the dark about how their proposals will ultimately be received.

“We have no idea which of our proposals they will accept and which they will reject,” Schumer said Monday, before reviewing the administration's counter. “And I will say Democrats offered exceedingly reasonable proposals and have the support of the American people. I’m not exaggerating.”

A spokesperson for the White House said Trump hopes to keep the government open “and the administration has been working with both parties to ensure the American people don't have to endure another drawn out, senseless, and hurtful shutdown.”

Republicans will need at least seven votes from Senate Democrats to prevent a DHS shutdown that is set to start Saturday. House Minority Leader Hakeem Jeffries has ruled out his members supporting another DHS stopgap, but some Senate Democrats haven’t drawn the same red line.

Congressional Republicans are hoping that means there is still a path toward avoiding a partial shutdown if the negotiations can progress this week.

If not, people close to the administration are betting Democrats cave, especially if lawmakers feel pressure once agencies such as TSA and FEMA begin to feel the effects of a prolonged shutdown. Democrats have floated splitting off ICE funding — something Republicans aren’t entertaining as they try to build pressure for passing another DHS stopgap.

The administration has already offered clues as to which position it is least likely to bend on. Last week, DHS issued a news release defending the use of administrative warrants, which are warrants issued by the executive branch itself, to conduct arrests.

“This is consistent with broad judicial recognition that illegal aliens aren’t entitled to the same Fourth Amendment protections as U.S. citizens,” DHS General Counsel James Percival said. “It is also consistent with the Supreme Court’s admonition that the touchstone of the Fourth Amendment is whether the search or seizure is ‘reasonable,’ not whether it is supported by a judicial warrant.”

Sen. Lindsey Graham (R-S.C.) echoed that argument last week in the Oval Office, saying the Democrats demand “makes no sense.”

“If we have to get a search warrant to get 15 million people out, [Minority Leader Chuck] Schumer’s telling me he doesn’t want them out. It's the most ridiculous idea,” Graham said.

On other Democratic asks, including the prohibition of masks and mandated identification, Trump allies and administration officials have concerns about “doxxing” and threats to federal agents and their families.

One of the people close to the White House said if the administration were to agree to such requirements, harsher penalties for those who dox federal agents will be necessary.

The sensitive locations proposal is also expected to be a major sticking point. Democrats have demanded that funds not be used to conduct enforcement near medical facilities, schools, childcare facilities, churches, polling, places, courts and other places. The White House may not rule the proposal out entirely but would expect major limitations to any such agreement.

“When you start looking at all these places, start adding them up together, basically, you have to go to an open field in Iowa in order to be able to detain somebody,” said one of the people close to the administration. “I don’t want to say that that’s totally closed to discussion, but certainly not in the way that that that Schumer and Jeffries are demanding it.”

Democrats say placing restrictions on where federal agents can conduct immigration enforcement won’t prevent “targeted enforcement” but would help curtail sweeping, roving patrols.

“We need these roving patrols to end, we need the secret police to end and we need accountability,” said Sen. Chris Murphy (D-Conn.). “Are there different ways to get there? Of course, but I don’t think we’re going to settle for anything that’s window dressing.”