A Democratic source familiar with the talks said progress has been made over the last 24 hours but warned that there was not yet an agreement or even a framework in principle.
With Congress scheduled to break for recess until 2024 at the end of this week, there’s no guarantee that the two parties will secure a deal in the Senate. And even if they pass it, it’s not clear it would get through the Republican-controlled House, where Speaker Mike Johnson, R-La., has insisted on a more aggressive package of immigration restrictions demanded by conservative hardliners. Lankford said he’s keeping Johnson apprised of developments but that there was no Senate pact for the speaker to weigh in on yet.
A senior administration official said Biden is consistently being briefed on the negotiations and will further engage personally once there’s a clearer framework of an agreement. The official acknowledged there will be political blowback to a bipartisan compromise on certain border policy issues but said Biden is willing to take the heat to get the deal done because the immigration system is “broken” and the issue needs to be addressed urgently.
Homeland Security Secretary Alejandro Mayorkas was on Capitol Hill Wednesday evening to participate in the talks, according to two sources familiar with the matter.
Achieving bipartisan agreement on the finer details of a bill is seen in the Senate as crucial to the viability of any deal, given the operational complexities and political sensitivity of the policies at hand. Until then, it won’t be easy for senators to announce any agreement. But the challenges will only grow early next year, between the upcoming government funding deadlines in January and February as well as the political dynamics of an election year.
On Wednesday, Sinema briefed lawmakers in the House’s bipartisan Problem Solvers Caucus on the status of negotiations in her private Senate hideaway, four sources with knowledge of the meeting said.
Emerging from the meeting, Rep. Don Bacon, R-Neb., sounded upbeat that an immigration deal wasn’t far off.
“Not there totally, but they’re close,” he said, adding that Republicans in the group trust their Senate counterpart to strike a deal. “Lankford’s kicking some ass,” he said.
The movement toward a potential deal has raised hackles among pro-immigration progressives and Hispanic Caucus members, who say they fear the pact would impose harsh conditions on migrants that contradict Biden’s campaign promises. CHC members have pressed Biden for an “emergency” meeting to discuss the issue, which still has not happened. They spoke Wednesday outside the Capitol to express their displeasure.
“Imagine the administration trying to cut a deal on voting rights or civil rights without bringing any members of the Congressional Black Caucus to the table. That would never be tolerated. And we absolutely cannot tolerate this either,” said Sen. Bob Menendez, D-N.J., who is under federal indictment for allegedly accepting bribes from Egypt and conspiring to act as a foreign agent. (He has denied the charges and pleaded not guilty).
Lankford and Murphy both declined to comment on some of the provisions being negotiated, including an expansion of expulsion authorities and migrant detention to try to control the border. Asked if there’s a path to resolving the logjam on parole, Lankford said only that it’s a delicate balance because turning the dials on one policy provision will impact others in the deal.
“Once we actually get to an agreement, then we’ll say, okay, it’s all done,” Lankford said. “You deal with border security and all the issues that are related to it — really, everything is interrelated. So if this doesn’t work, then that also means that has to be out. I mean, all of those pieces have to fit.”
Senate Minority Whip John Thune, R-S.D., questioned whether the Senate has “enough time to process” a deal even if it comes together soon.
“You still got to write it out and nobody’s written anything up. These are all concepts right now,” he said. “And nobody, I don’t think, has even determined who’s got the pens right now and who’s in the room. The deal has not come together.”
Sen. John Cornyn, R-Texas, warned that it may be risky for the Senate to pass a bill and leave town, “because it’ll be a pinata out there that people take potshots at for the next couple of weeks.”
“Just a practical concern,” he said.
Sahil Kapur
Sahil Kapur is a senior national political reporter for NBC News.
Frank Thorp V
Frank Thorp V is a producer and off-air reporter covering Congress for NBC News, managing coverage of the Senate.
Julie Tsirkin
Julie Tsirkin is a correspondent covering Capitol Hill.
Ali Vitali
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Monica Alba
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Kate Santaliz
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Kyle Stewart
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