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The Daily Tar Heel

Column: Did Dems get shut down?

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Democrats in the Senate this week came together with Republicans and voted to fund the government until at least Feb. 8. 

The overwhelming cause of this shutdown was the refusal of Republicans to codify DACA, or Deferred Action for Childhood Arrivals. While the program is something I agreed with, the method used to enact it was untenable — its existence depended on every successive president choosing to keep it intact. 

That is precisely why the Congress ought to take it up for a vote, independent of this government funding debacle. Depending on the poll, somewhere around three-fourths of Americans think Dreamers, those protected by DACA, should have permanent legal status. Half of Republicans in the poll believe the same. Immigration hardliners within the GOP seem to call the shots more than Speaker Paul Ryan, and even if the Senate reaches a deal, there’s no guarantee in the House. 

You can see how it will be difficult for the GOP — particularly in the House — to accomplish those divergent goals. 

If the Democrats can stomach reasonable trade-offs on DACA for border security — emphasis on reasonable, Stephen Miller — they should make a deal. Taking Republican Senate Majority Leader Mitch McConnell at his word is dangerous, but if both sides continue to lament the dysfunction of Washington, here’s their chance to do something the old fashioned way, with open amendments and a normal process.

I know a lot of pundits, and the most liberal among them are particularly laying into Minority Leader Schumer over his perceived caving, but consider a few things before you join the chorus:

First, CHIP, or Children’s Health Insurance Program, is funded for six years. I realize that a DACA fix is time-sensitive as well, but Republicans made a compelling case that CHIP would lose funding immediately. Regardless of whether that was a crisis of their own making (I tend to believe it was), it is true. That leverage is now off the table. 

Second, without CHIP as a concern, Democrats should have more bargaining power. They aren’t forced into a terrible binary between CHIP and DACA, and that should allow for a more reasonable debate. Neither of those programs should be fodder for partisan attacks during a shutdown, and hopefully both sides can come to agreements in the next three weeks.

My final point is this: although the drama unfolding has largely been in the Senate, the real test will be in the House. 

Will Ryan flout Hastert’s Rule, the informal agreement that a Speaker doesn’t bring to the floor a bill which less than a majority of his or her party supports? It very well may come to a point where a majority of Democrats and a minority of Republicans could push some of this legislation across, but then again, we all know the man in the White House who would have to sign it into law.

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