Homeland Security Funding Battle

 

I am still struggling to understand the Congressional funding rules.  It appears that the House passed the final four bills, agreeing to vote on Homeland Security separately from the others, but then stitched all together and sent to the Senate to approve or reject.  In other words, they are not about to give up their hostages.  Since the Alex Pretti shooting, Democrats have vowed not to vote for the Homeland Security bill.  There has been talk of passing the other bills and allowing only Homeland Security to close, although I cannot see why Republicans would agree to that.

But even if they do agree, Democrats are in a difficult spot.  First of all, refusing to fund the Department of Homeland Security would not just defund La Migra.  The Coast Guard and FEMA are also included.  Furthermore, the proposed ICE budget is $10 billion.  Funds given to ICE in the One Bad Bloated Boondoggle -- $75 billion.  In other words, even if Democrats were to cut off all funding for ICE, they would have a war chest large enough to last to the end of the Trump Administration and the first term of a hypothetical future Democratis Administration!  

All of which means that we have to face facts.  Sooner or later Democrats will climb down and agree to some sort of deal to fund DHS in order to restore funding to the Coast Guard, FEMA, etc.  Not funding ICE at all will not so much as crimp its operations.  At best, Democrats can seek to impose some restrictions on La Migra.  I have made some suggestions and can think of more.  Possibilities include:

• Outlaw arrest quotas and incentives.  This has the advantage that it would probably appeal even to ICE agents themselves and the disadvantage that it might be seen as unconstitutional micro-managing of the executive by the legislature.  But it is the wholly unrealistic arrest quotas that are driving everything else.
• Ban Border Patrol from internal enforcement.
• Strengthen Congress's authority to inspect immigration detention facilities.
• Mandate that La Migra follow the pattern of any other law enforcement agency -- any officer who discharges a firearm is to be suspended during (mandatory) investigation.
• Limit the President's power to fire immigration judges for making decisions he doesn't like.
• Require release on bond for anyone with a plausible claim to legal status who has strong ties to the community and is not a flight risk.
• Clearly define what is deemed to be proof of citizenship and require immigration agents to release anyone who can show it.
• Affirm the right of citizens to film and protest, perhaps setting more clearly defined limits of how close they can get and what constitutes "interference."
• Require a judicial warrant to enter a private space.
• Make clear that murder and mayhem on the job are prosecutable under state law.
• Create individual civil liability.
• And possibly, as a sop to Republicans, make it easier for La Migra to access arrest records and put a hold on people in custody.

Of course, I doubt that most of these would get past Republicans in Congress, let along Trump's signature.  But that it is where we, the people, come in.  Our job is to create political pressure.