Washington — Congress is returning from recess this week to resume work that went unfinished before lawmakers left town, when GOP leaders were forced to scrap plans to fund immigration agencies after a Republican revolt over the Trump administration’s “anti-weaponization” fund.
Senate Republicans were preparing to begin a marathon vote series to fund the Department of Homeland Security’s immigration enforcement agencies last month through the budget reconciliation process. And although Senate Republicans appeared largely ready to pass the long-sought funds, the announcement of the controversial DOJ fund at the eleventh hour imperiled the path forward.
The $1.776 billion fund aims to provide taxpayer-funded payouts to people who allege the legal system has been “weaponized” against them. Established as part of a settlement of a suit by President Trump against the IRS, the fund has divided Republicans, especially as some Trump allies and people charged for their involvement in the Jan. 6 attack on the Capitol have expressed eagerness to submit claims.
During a heated conference meeting, Senate Republicans expressed consternation over the fund to Acting Attorney General Todd Blanche, who had been deployed to smooth over GOP concerns. GOP Sen. Ted Cruz of Texas called it “one of the roughest meetings I’ve seen in my entire time in the Senate.”
Democrats had vowed to force votes on amendments targeting the fund during the Senate’s marathon vote series on the $72 billion immigration enforcement package, complicating the path forward for Republicans. Leaving the GOP meeting, a number of Republicans indicated they had reservations, with lingering questions about how the fund will operate and who might receive payments from it, along with possible guardrails to prevent people who assaulted law enforcement from being compensated.
Plans to move forward with the DHS funding, which the president wanted on his desk by June 1, were scrapped, and senators headed quickly for the exits.
Now, as the Senate returns Monday, Republicans remain bedeviled by the fund and how to move forward. As they look to proceed with a “vote-a-rama” on the reconciliation package, the DOJ fund still remains to be addressed — whether by the administration or by the Senate.
Former Vice President Mike Pence, who was a target of rioters on Jan. 6, 2021, said on “Face the Nation” on Sunday that he hopes the administration will drop the fund entirely. Pence said he’s been “heartened by the number of Republicans in the Senate who have spoken out against it.”
With the Senate set to reconvene, Democrats are poised to ramp up their opposition to the DOJ fund. Senate Minority Leader Chuck Schumer pledged in a “Dear Colleague” letter Monday to launch a coordinated effort to quash the fund. He said “no matter what Republicans do, we will force them to vote.”
“There will be no escape hatch. No fake guardrails or backroom promises to hide behind,” Schumer wrote in the letter. “No Justice Department announcement that makes this corruption acceptable.”
The fund has also sparked pushback in the House, where plans to remain in town after Senate action on the reconciliation package were quickly canceled last month. Some Republicans, like Rep. Brian Fitzpatrick of Pennsylvania, expressed “urgent concern” about the anti-weaponization fund. In a letter to Blanche, Fitzpatrick said it “represents a dangerous backsliding in the transparency of our institutions and our commitment to the American taxpayer.”
Congress’ return comes after a federal judge temporarily barred the Justice Department from moving forward with work on the fund last week. But the DOJ has continued to express confidence in the fund’s legality amid a handful of challenges to its implementation.
Meanwhile, another fight is hanging over both chambers this week as the war with Iran — and a possible peace plan — weighs on lawmakers.
The House abruptly canceled a vote on reining in Mr. Trump’s war powers in Iran before leaving town for recess last month, when it became clear that Republicans didn’t have the votes to defeat the resolution. The chamber is now expected to vote this week. A vote earlier last month fell just short of a majority in a 212-212 split. At the time, three Republicans backed the resolution, and more could join them this week.
In the Senate, GOP leaders will be looking to bolster attendance to ward off more progress on a Democrat-led war powers push that has successfully siphoned off a handful of Republicans, and resulted in a resolution being discharged from committee in a 50-47 vote last month. Three Republican senators were absent.
