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The Daily|Secure the Border, Say Republicans. So Why Are They Killing a Plan to
Do That?

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SECURE THE BORDER, SAY REPUBLICANS. SO WHY ARE THEY KILLING A PLAN TO DO THAT?

A BIPARTISAN DEAL APPEARED TO BE COMING TOGETHER ON MIGRATION. NOW IT’S FALLING
APART.

2024-02-01T06:00:09-05:00

This transcript was created using speech recognition software. While it has been
reviewed by human transcribers, it may contain errors. Please review the episode
audio before quoting from this transcript and email transcripts@nytimes.com with
any questions.

michael barbaro

From “The New York Times,” I’m Michael Barbaro. This is “The Daily.”

[MUSIC PLAYING]

For the past few weeks, Democrats and Republicans were closing in on a
game-changing deal to secure the US-Mexico border, the kind of bipartisan
compromise that’s unheard of in contemporary Washington. Today, Karoun Demirjian
on why that deal is falling apart.

It’s Thursday, February 1.

So Karoun, we’re here to perform a kind of autopsy on a deal that might have
been, to talk about a major bipartisan immigration agreement that took form over
the past few weeks — it was championed by President Biden, leaders from both
parties in the Senate — to understand exactly why, in a divided, dysfunctional
Washington, it ever seemed like it had a chance to become law, and why, in the
end, it seems to have been derailed. So where does that story start?

karoun demirjian

So the genesis of all of this is really late last summer when it starts to look
like military assistance for Ukraine, which the United States had been funding
and giving to this ally since early 2022 to help them fight off a Russian
invasion, is about to dry up. It had never been completely easy but had never
been a really serious challenge to get this money through Congress in various
tranches in the past year and a half.

michael barbaro

Right.

karoun demirjian

But all of a sudden, the right wing of the Republican Party starts to get
really, really stubborn about saying we’re not going to let you have this money
unless you give us something that’s important to us in terms of national
security, and that is more border enforcement on the Southern border with
Mexico.

michael barbaro

Hmm. So Republicans in Congress say to the president, you want that funding to
Ukraine to be consistent the way it has been, you’re going to have to give us
greater security on the US-Mexico border.

karoun demirjian

Exactly. It’s a completely unorthodox sort of a linkage. The logic that has been
presented is that they’re both kind of national security-type issues. But the
idea of linking the Ukraine war to border security, it’s fairly novel. And it’s
borne out of the political priorities of the people who are pushing for that.
The same group of Republicans that starts this push for more border security
measures, more enforcement, they also just so happened to be the people who
never liked the idea of sending all of this aid to Ukraine in the first place.

michael barbaro

Got it.

karoun demirjian

And it only takes a couple of weeks before this talking point that originated in
the right wing of the Republican Party —

archived recording 1

I am not inclined to support any more help to Ukraine at this time. If we want
to take care of an invasion, we’ve got an invasion on that Southern border.

karoun demirjian

It kind of takes over the entire mainstream of the party.

archived recording 2

I’m for border security at our border. I’m also for supporting Ukraine. I feel
like we got to negotiate these in tandem.

karoun demirjian

And you have many prominent Republicans in the Senate, too —

archived recording 3

Are you saying Ukraine should not be a standalone?

archived recording 4

It will not be a standalone.

karoun demirjian

— saying we’re not going to let Ukraine aid get renewed unless there’s border
security alongside of it.

[MUSIC PLAYING]

And things actually do hit a deadline at the end of September where this
emergency aid, that’s been flowing for Ukraine since the beginning of the war,
they don’t actually reauthorize it on time.

michael barbaro

Hmm.

karoun demirjian

And so all of a sudden, there’s this pause and everybody in the Democratic Party
starts to panic.

michael barbaro

You’re saying Republicans put their money where their mouth is, and they say,
this is not just a talking point. You’re not going to get this aid for Ukraine
at all. We are serious.

karoun demirjian

Yeah. And after this, it becomes very clear that Ukraine funding is not going to
go ahead unless there are some border security measures attached to it. That
leaves President Biden in a little bit of a bind because he has staked a lot of
his legacy reputation on this Ukraine war. And it is the biggest success of his
foreign policy. And so he takes this very unorthodox, very surprising step of
basically saying, OK, I’ll meet that demand. I will tie these two things
together.

michael barbaro

Hmm.

karoun demirjian

And I cannot overstate how much of an earthquake it is that Biden actually took
that step to say, I will accept the GOP’s ultimatum as legitimate and actually
come and try to meet it.

michael barbaro

Well, just explain that. Why is that such an earthquake, given that you just
described this as a kind of impossible bind for Biden?

karoun demirjian

Well, it flies in the face of basically three or four decades worth of what
Democrats’ approach has been to border security, which is that it’s part of a
bigger conversation about immigration policy that has to involve things like
pathways to citizenship, or putting more visas for family reunification on the
table, or something that isn’t primarily policing, processing and shutting
things down.

And that’s been the case going back to, basically, the Reagan years, since
that’s the last time Congress actually managed to pass a comprehensive
immigration reform bill. To split off border security and say, oh, we’ll do it
alone and we won’t ask for anything really on the immigration front, that is
breaking with a whole lot of precedent that, frankly, a lot of the Democratic
Party saw as President Biden selling out on something that was pretty
fundamental to how they approach this issue.

michael barbaro

Hmm. You’re saying this is revolutionary because it violates a long-standing
Democratic approach that they will negotiate around reducing migrant crossings
at the border, they will strengthen border security if, and only if, their
approach to immigration is kind of met halfway by Republicans. And in this
instance, Biden is instead agreeing to negotiate a tougher approach to the
border without such halfway meeting from the other side. Instead, he’s just
doing it to get money for Ukraine.

karoun demirjian

Exactly. And that is why several Democrats see this as him basically selling out
immigrants and giving up all the leverage that they might have on border
security to get money for the next nine months for Ukraine. However, President
Biden, and the Democrats who support him, see this as a potential opportunity.

Yes, Ukraine is a problem, a big problem, but so is the border. They are seeing
the surge of migrants come to the border. They are seeing how many are being
bused internally into the country. They are seeing how tens of thousands are
flooding the streets of democratically run cities like New York.

michael barbaro

Right.

karoun demirjian

And they know that that’s a huge political liability for President Biden if he
doesn’t do something to address it before the November elections. And so tying
these two things together basically gives him a potential opportunity to address
two big issues with one stone, if it works.

michael barbaro

So once Biden takes this very unorthodox approach to funding border security in
order to get this money for Ukraine, what ends up happening?

karoun demirjian

So this creates an opportunity for a potentially huge deal on the border, a long
shot, the type of deal that has eluded Congress for several decades at this
point.

michael barbaro

Mhm.

karoun demirjian

And a core group of three senators starts entering this very intense phase of
negotiations. They meet on a near daily basis for months. And eventually, they
actually do coalesce around a set of policies that they think could work to
actually clamp down on the migration problem at the border in a way that both
parties could stomach.

michael barbaro

And what do they end up agreeing on?

[MUSIC PLAYING]

karoun demirjian

They agree that they need to make it harder for people to claim asylum. There’s
a lot of people making frivolous asylum claims who don’t actually fear
persecution if they go home. So they agree to raise that bar.

They agree to expand the capacity of detention facilities because a lot of the
Republicans’ complaints are that you’re letting all these migrants just run off
into the country with no guarantee that you can bring them back to deport them
later. They should be in detention centers. So they agree to do that.

And most critically, they agree to basically limit the number of people that can
come into the country on any given day. And the way they envision doing that is
if the number of migrants that border patrol officers encounter reaches an
average of 5,000 per day, it would trigger an effective shutdown of the border.

michael barbaro

Huh.

[MUSIC PLAYING]

karoun demirjian

That might sound like a lot — 5,000. It’s actually far fewer than what we see
now. Late last year, there was an average of about 8,000 people trying to cross
in every day. So this trigger functions as a failsafe, that if all these other
measures they’re putting out there can’t bring down the number of migrants
coming to the border, at least there’s this that would actually shut things
down.

michael barbaro

So taken together, this seems like a pretty restrictive set of policies at the
border and a lot like a Republican approach. And you’re saying this is what a
bipartisan group of senators comes around to. So on top of starting off where
Republicans wanted Biden to start off in these negotiations, Biden and Democrats
seem to be willing to sign off on a bill that is very much out of line with
traditional Democratic approaches to the border and immigration.

archived recording (joe biden)

Good afternoon, everyone. I’d like to speak to you today about an urgent
responsibility that Congress has to uphold the national security needs of the
United States.

karoun demirjian

They definitely are.

archived recording (joe biden)

We need real solutions. I support real solutions to the border.

karoun demirjian

President Biden comes out and says, we need this deal. Get this done.

archived recording (joe biden)

In terms of changes of policy and to provide resources that we need at the
border, I’m ready to change policy as well.

karoun demirjian

And that he’s willing to make very serious, pretty major concessions. In the
Senate, we see Senate Majority Leader Chuck Schumer put pressure on the Senate.

archived recording (chuck schumer)

If we believe something is important and urgent, we should stay and get the job
done.

karoun demirjian

Schumer even goes so far as to try to hold the Senate in until the holidays in
the hopes they can speed together the end of a deal.

archived recording (chuck schumer)

Members need to be here next week. We have to get this done.

karoun demirjian

And it’s not just the Democrats. Republican leaders are saying to themselves,
this is an opportunity that’s never going to be repeated, where you have
Democrats this willing to make this kind of a deal. We should take it and run
with it and try to make this work.

[MUSIC PLAYING]

And so as you’re nearing the end of 2023, getting into the beginning of 2024, it
actually seems like it’s a possibility that there could be the votes for this
deal if they can just finalize it in the Senate.

But it’s a very different story in the Republican-led House, which has been much
more skeptical of a deal. And it’s a very different story as former President
Trump, who’s still really the leader of the Republican Party, starts to rack up
primary wins in Iowa and New Hampshire and starts weighing in on this deal in
very unsavory terms.

[MUSIC PLAYING]

michael barbaro

We’ll be right back.

So Karoun, tell us exactly how, at this moment of maximum possibility, that this
bipartisan immigration deal starts to unravel.

karoun demirjian

As we get into the new year, the opposition from the House starts to get much
more solidified. You’d had a situation where basically Mike Johnson — he’s a new
speaker, he starts in his office at the end of October, just as all this stuff
about the border negotiations and the Ukraine deal is just picking up in the
Senate — and for a while, he’s sounding like he might be open to it. But by the
time you get to the beginning of the new year —

archived recording (mike johnson)

Yeah, we have a humanitarian catastrophe here, and, of course, huge national
security concerns.

karoun demirjian

— he is actually down on the border —

archived recording (mike johnson)

If you don’t end catch and release as a policy, if you don’t re-institute remain
in Mexico, if you only fix asylum or parole and not these other things, then you
don’t solve the problem. You don’t —

karoun demirjian

— saying that he doesn’t think that this has legs, that it does not go far
enough to secure the border.

archived recording (mike johnson)

We’re just asking the White House to apply common sense, and they seem to be
completely uninterested in doing so.

karoun demirjian

And that’s the point at which it becomes clear that he has fully soured on the
deal.

michael barbaro

And how much do you, covering this, take that motivation at face value? What’s
really going on? I mean, if the Democrats have come this far and Senate
Republicans are pleased and pushing for a deal, what’s really keeping the House
Speaker from seeing this as an opportunity as well?

karoun demirjian

Well, the House Speaker does come from the right wing of the GOP. He is inclined
to say, look, we need a lot of really draconian restrictions on the border to
make sure that it’s actually enforced. But there’s another element at play here,
too.

archived recording (donald trump)

The so-called border security deal Biden is gushing out and pushing out is not
designed to stop illegal immigration. It’s designed —

karoun demirjian

Trump, who, as we said, by mid-January has reclaimed the mantle of the GOP from
winning these primary contests.

archived recording (donald trump)

As the leader of our party, there is zero chance I will support this horrible
open borders betrayal of America.

karoun demirjian

And he is openly using that pulpit to trash this emerging deal and tell
Republicans to vote against it.

archived recording (donald trump)

I’d rather have no bill than a bad bill. A bad bill you can’t have, and that’s
what was happening in the House.

michael barbaro

And why? I mean, what is his reasoning for trashing a deal that starts to
fulfill something so central to his identity as president, which is get tough on
the border?

karoun demirjian

Part of it is that the deal doesn’t go as far as he would like to see it go. It
doesn’t restore all of the policies, like remain in Mexico and border wall
construction, that he had pursued during his presidency.

But part of it is also that he doesn’t want to give Biden a win on this. It’s an
extremely compelling political campaign issue for him with his base. And if the
Senate makes a bipartisan deal and a bunch of Republicans are endorsing that
bipartisan deal, it becomes harder for him to say, Democrats don’t want to
secure the border, reelect me.

michael barbaro

So in a very real sense, Trump is trying to torpedo this, we suspect, because he
wants to make sure that a huge issue so animating and central to his campaign
and his base remains an issue that’s animating to his campaign and to his base.
If he lets this deal happen, he can no longer run against a Joe Biden who hasn’t
done something about the border.

karoun demirjian

Exactly. And he and his supporters are very committed to keeping that tool alive
for the next several months.

michael barbaro

But help me understand the power of what Trump is up to here. Because at this
moment, yes, he’s Donald Trump, a very influential leader within the Republican
Party, but he’s not involved in the negotiations. He’s not president. He might
not win and become president. So just how meaningful is his message to these
House Republicans?

karoun demirjian

It’s extremely meaningful because it’s not like Donald Trump is on an island
thinking this way. By weighing in here, he’s exploiting a divide that was always
there in the GOP. You had the right wing of the party very, very skeptical
because they want to do more. And then you had a part of the party that was
saying, hey, let’s make a deal.

So Trump coming in and catering to the base on this is kind of exactly what
Trump always does. And once he does exploit that gap, it not only reinforces the
anti-deal sentiment that was already there in the House. It starts to turn
senators cold on the idea of a deal too.

And it trickles all the way up to Senate Minority Leader Mitch McConnell, who
tells a room full of Republicans, as the deal is getting very, very close to
being done, look, we’re in a quandary here. We are potentially voting against
the person who’s going to be the GOP nominee. And so we have to decide, are we
going to vote with what Trump wants or against it?

michael barbaro

And judging by the fact that McConnell said this to a room full of Republican
senators, I suspect he is, in doing so, revealing the answer, right, that you
really can’t vote against the party’s nominee?

karoun demirjian

Yeah, he is admitting to the reality that they’re in, which is that you can’t do
this without there being heck to pay on the campaign trail. And that could blow
back on a lot of his members if they decide, no, we’re going to put our heads
down and plow through with this.

And it’s around this point, where McConnell shows he’s wavering, he’s willing to
be swayed and not lead his party through this, that Johnson jumps back in and
says, this is dead on arrival if it comes to the House, which, in a way, creates
even more pressure on Senate Republicans who start saying, look, if this doesn’t
have a future, why should we stick our necks out for this deal?

michael barbaro

So is it correct to say that that is the moment when this almost major
bipartisan deal basically collapses?

karoun demirjian

I think the next few days are going to tell whether Trump has successfully
torpedoed it or whether there’s going to be a schism in the GOP because some
senators decide not to let him completely torpedo it. But yeah, ultimately
speaking, the fate of this bill is slim to none in Congress because Trump has
reinforced the House’s inclinations and that has created back pressure on Senate
Republicans to just say, no, not now, not good enough, not this year.

[MUSIC PLAYING]

michael barbaro

What is the reaction from President Biden to this turn of events and to the
rapid deterioration of this deal?

karoun demirjian

So President Biden does something kind of interesting.

archived recording (joe biden)

Two months ago, my team began to work with a bipartisan group of senators to put
together the toughest, smartest, fairest border security bill in history.

karoun demirjian

He starts talking really tough about the border and saying —

archived recording (joe biden)

If that bill were the law today, I’d shut down the border right now and fix it
quickly.

karoun demirjian

— give me this deal. If you give it to me, I will shut down the border. It is
the talk that you’d expect to hear, frankly, from a big border enforcement guy —

michael barbaro

Right.

karoun demirjian

— which is not how President Biden started off his term. He’s the guy who
campaigned on a humane approach to immigration. And now he’s saying, I’ll shut
it all down. And so in a way, it’s like he’s trying to enter the ring that Trump
is already in and basically out-flex him on how tough he can talk about the
border.

michael barbaro

So at this point, what happens to the two very substantive questions at the
center of this bill and this compromise? What happens to funding for Ukraine and
what happens to this effort to secure the border if this bill now seems to be
going absolutely nowhere?

karoun demirjian

That is the big question, right? Because when this all started, Republicans set
this quid pro quo of no Ukraine aid without the border deal. If they don’t
accept the border deal that the bipartisan team of negotiators came up with,
either they’ve got to renege on that position that got this ball rolling in the
first place to make sure that more Ukraine aid can get out the door, or they’ve
just got to say, yeah, we’re comfortable with that, we’re comfortable with the
fact that the United States is going to pull back on support, that maybe the
rest of the Western world will follow, and that means Russia could overwhelm
Ukraine on the battlefield.

For Democrats, there’s very little incentive to give the Republicans any of
these border enforcement measures without securing that Ukraine aid. That was
the whole reason that they agreed to go into this negotiation in the first
place. And the result of that is basically going to be maintenance of the status
quo, which is a little bit bleak given the fact that the leaders of both parties
have acknowledged the situation on the border is not tenable and something has
to be done about it.

michael barbaro

It feels like, at the end of the day, this is really the story of a Democratic
president being willing to meet his Republican congressional peers much more
than halfway on a very sensitive issue — the border and immigration — and the
response from those congressional Republican peers is to reject the offer, not,
it seems, fundamentally because of the policies at hand, but because of the
politics at hand, because Donald Trump told them he doesn’t like the deal and
they said, well, if you don’t like it, we don’t like it. So what does that
ultimately tell us?

karoun demirjian

I think it tells us that what Republicans want here is either an entirely
Republican solution that looks like a resumption of the policies that President
Trump implemented on the border, which is a big ask when you only control the
House of Representatives and Democrats control the Senate and the White House.

michael barbaro

Mhm.

karoun demirjian

Or they want to be able to preserve the ability to blame the Biden
administration. We’ve talked about how that’s likely to play out, and already is
playing out, on the presidential election circuit. It’s also playing out within
the House of Representatives, which is currently trying to impeach Alejandro
Mayorkas, the Homeland Security Secretary, effectively for failing to shut down
the border in what, frankly, a lot of conservative legal scholars are also
calling not a good impeachment, something that does not actually rise to the
level of that sort of indictment and punitive action.

But that’s what they’re choosing to do. And that is very much a sticking your
finger, pointing it at the Biden administration and saying, this is your fault,
and we want you guys to take the personal hit for this, and we want to
prioritize that over any sort of downpayment on trying to make these policy
fixes that maybe we could build on if we had a Republican president next. And
that seems to be the prevailing winds in the GOP.

michael barbaro

And that wind is no deals, even if the deal is on something that the Republicans
say they care about and want, because they would rather be able to blame the
Democrats.

karoun demirjian

Yeah. Unless they get everything that they want, or practically everything that
they want, maintaining that ability to say it’s your fault is worth more. And
that’s just a reality of the political time that we’re in, but it’s also just a
reality of how messily divided things are in Congress and how impossibly hard it
can be to chart a middle way.

[MUSIC PLAYING]

michael barbaro

Well, Karoun, thank you very much. We appreciate it.

karoun demirjian

Thank you so much. [MUSIC PLAYING]

michael barbaro

We’ll be right back.

Here’s what else you need to know today.

archived recording 5

Online child sexual exploitation is a crisis in America.

michael barbaro

During a high profile hearing on Wednesday, senators from both parties
interrogated the country’s most powerful tech executives about why their
platforms have allowed for the spread of child sexual abuse material, the
subject of a major “Times” investigation in 2019.

archived recording 6

Instagram displayed the following warning screen to individuals who were
searching for child abuse material. “These results may contain images of child
sexual abuse.” And then you gave users two choices — get resources or see
results anyway. Mr. Zuckerberg, what the hell were you thinking?

archived recording (mark zuckerberg)

All right, Senator, the basic science behind that is —

michael barbaro

The leaders of Meta, TikTok, Snap, Discord, and X testified that they have taken
steps to crack down on such material. But when pressed, most of the executives
refused to endorse a federal regulation to address the problem.

archived recording (lindsey graham)

Are you familiar with the EARN IT Act? Do you support that, yes or no?

archived recording 7

We’re not prepared to support it today, but we believe —

archived recording (lindsey graham)

Do you support the CSAM Act?

archived recording 7

The STOP CSAM Act we are not prepared to support today. But we —

archived recording (lindsey graham)

Would you support the SHIELD Act?

archived recording 7

We believe that the cyber tipline and —

archived recording (lindsey graham)

I’ll take that to be no.

michael barbaro

Throughout the hearing, families in the audience held up photos of the victims
of online child sexual abuse, an act that Republican Senator Lindsey Graham
singled out for praise.

archived recording (lindsey graham)

To all the victims who came and showed us photos of your loved ones, don’t quit.
It’s working. You’re making a difference. Through you, we will get to where we
need to go, so other people won’t have to show a photo of their family.

michael barbaro

Today’s episode was produced by Carlos Prieto, Shannon Lin, Stella Tan and Mary
Wilson. It was edited by Marc Georges and MJ Davis Lin, contains original music
by Marion Lozano, Dan Powell, Diane Wong, Will Reid and Pat McCusker, and was
engineered by Alyssa Moxley. Our theme music is by Jim Brunberg and Ben
Landsverk of Wonderly.

[MUSIC PLAYING]

That’s it for “The Daily.” I’m Michael Barbaro. See you tomorrow.


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Feb. 1, 2024


SECURE THE BORDER, SAY REPUBLICANS. SO WHY ARE THEY KILLING A PLAN TO DO THAT?


A BIPARTISAN DEAL APPEARED TO BE COMING TOGETHER ON MIGRATION. NOW IT’S FALLING
APART.

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SECURE THE BORDER, SAY REPUBLICANS. SO WHY ARE THEY KILLING A PLAN TO DO THAT?

A BIPARTISAN DEAL APPEARED TO BE COMING TOGETHER ON MIGRATION. NOW IT’S FALLING
APART.

2024-02-01T06:00:09-05:00

This transcript was created using speech recognition software. While it has been
reviewed by human transcribers, it may contain errors. Please review the episode
audio before quoting from this transcript and email transcripts@nytimes.com with
any questions.

michael barbaro

From “The New York Times,” I’m Michael Barbaro. This is “The Daily.”

[MUSIC PLAYING]

For the past few weeks, Democrats and Republicans were closing in on a
game-changing deal to secure the US-Mexico border, the kind of bipartisan
compromise that’s unheard of in contemporary Washington. Today, Karoun Demirjian
on why that deal is falling apart.

It’s Thursday, February 1.

So Karoun, we’re here to perform a kind of autopsy on a deal that might have
been, to talk about a major bipartisan immigration agreement that took form over
the past few weeks — it was championed by President Biden, leaders from both
parties in the Senate — to understand exactly why, in a divided, dysfunctional
Washington, it ever seemed like it had a chance to become law, and why, in the
end, it seems to have been derailed. So where does that story start?

karoun demirjian

So the genesis of all of this is really late last summer when it starts to look
like military assistance for Ukraine, which the United States had been funding
and giving to this ally since early 2022 to help them fight off a Russian
invasion, is about to dry up. It had never been completely easy but had never
been a really serious challenge to get this money through Congress in various
tranches in the past year and a half.

michael barbaro

Right.

karoun demirjian

But all of a sudden, the right wing of the Republican Party starts to get
really, really stubborn about saying we’re not going to let you have this money
unless you give us something that’s important to us in terms of national
security, and that is more border enforcement on the Southern border with
Mexico.

michael barbaro

Hmm. So Republicans in Congress say to the president, you want that funding to
Ukraine to be consistent the way it has been, you’re going to have to give us
greater security on the US-Mexico border.

karoun demirjian

Exactly. It’s a completely unorthodox sort of a linkage. The logic that has been
presented is that they’re both kind of national security-type issues. But the
idea of linking the Ukraine war to border security, it’s fairly novel. And it’s
borne out of the political priorities of the people who are pushing for that.
The same group of Republicans that starts this push for more border security
measures, more enforcement, they also just so happened to be the people who
never liked the idea of sending all of this aid to Ukraine in the first place.

michael barbaro

Got it.

karoun demirjian

And it only takes a couple of weeks before this talking point that originated in
the right wing of the Republican Party —

archived recording 1

I am not inclined to support any more help to Ukraine at this time. If we want
to take care of an invasion, we’ve got an invasion on that Southern border.

karoun demirjian

It kind of takes over the entire mainstream of the party.

archived recording 2

I’m for border security at our border. I’m also for supporting Ukraine. I feel
like we got to negotiate these in tandem.

karoun demirjian

And you have many prominent Republicans in the Senate, too —

archived recording 3

Are you saying Ukraine should not be a standalone?

archived recording 4

It will not be a standalone.

karoun demirjian

— saying we’re not going to let Ukraine aid get renewed unless there’s border
security alongside of it.

[MUSIC PLAYING]

And things actually do hit a deadline at the end of September where this
emergency aid, that’s been flowing for Ukraine since the beginning of the war,
they don’t actually reauthorize it on time.

michael barbaro

Hmm.

karoun demirjian

And so all of a sudden, there’s this pause and everybody in the Democratic Party
starts to panic.

michael barbaro

You’re saying Republicans put their money where their mouth is, and they say,
this is not just a talking point. You’re not going to get this aid for Ukraine
at all. We are serious.

karoun demirjian

Yeah. And after this, it becomes very clear that Ukraine funding is not going to
go ahead unless there are some border security measures attached to it. That
leaves President Biden in a little bit of a bind because he has staked a lot of
his legacy reputation on this Ukraine war. And it is the biggest success of his
foreign policy. And so he takes this very unorthodox, very surprising step of
basically saying, OK, I’ll meet that demand. I will tie these two things
together.

michael barbaro

Hmm.

karoun demirjian

And I cannot overstate how much of an earthquake it is that Biden actually took
that step to say, I will accept the GOP’s ultimatum as legitimate and actually
come and try to meet it.

michael barbaro

Well, just explain that. Why is that such an earthquake, given that you just
described this as a kind of impossible bind for Biden?

karoun demirjian

Well, it flies in the face of basically three or four decades worth of what
Democrats’ approach has been to border security, which is that it’s part of a
bigger conversation about immigration policy that has to involve things like
pathways to citizenship, or putting more visas for family reunification on the
table, or something that isn’t primarily policing, processing and shutting
things down.

And that’s been the case going back to, basically, the Reagan years, since
that’s the last time Congress actually managed to pass a comprehensive
immigration reform bill. To split off border security and say, oh, we’ll do it
alone and we won’t ask for anything really on the immigration front, that is
breaking with a whole lot of precedent that, frankly, a lot of the Democratic
Party saw as President Biden selling out on something that was pretty
fundamental to how they approach this issue.

michael barbaro

Hmm. You’re saying this is revolutionary because it violates a long-standing
Democratic approach that they will negotiate around reducing migrant crossings
at the border, they will strengthen border security if, and only if, their
approach to immigration is kind of met halfway by Republicans. And in this
instance, Biden is instead agreeing to negotiate a tougher approach to the
border without such halfway meeting from the other side. Instead, he’s just
doing it to get money for Ukraine.

karoun demirjian

Exactly. And that is why several Democrats see this as him basically selling out
immigrants and giving up all the leverage that they might have on border
security to get money for the next nine months for Ukraine. However, President
Biden, and the Democrats who support him, see this as a potential opportunity.

Yes, Ukraine is a problem, a big problem, but so is the border. They are seeing
the surge of migrants come to the border. They are seeing how many are being
bused internally into the country. They are seeing how tens of thousands are
flooding the streets of democratically run cities like New York.

michael barbaro

Right.

karoun demirjian

And they know that that’s a huge political liability for President Biden if he
doesn’t do something to address it before the November elections. And so tying
these two things together basically gives him a potential opportunity to address
two big issues with one stone, if it works.

michael barbaro

So once Biden takes this very unorthodox approach to funding border security in
order to get this money for Ukraine, what ends up happening?

karoun demirjian

So this creates an opportunity for a potentially huge deal on the border, a long
shot, the type of deal that has eluded Congress for several decades at this
point.

michael barbaro

Mhm.

karoun demirjian

And a core group of three senators starts entering this very intense phase of
negotiations. They meet on a near daily basis for months. And eventually, they
actually do coalesce around a set of policies that they think could work to
actually clamp down on the migration problem at the border in a way that both
parties could stomach.

michael barbaro

And what do they end up agreeing on?

[MUSIC PLAYING]

karoun demirjian

They agree that they need to make it harder for people to claim asylum. There’s
a lot of people making frivolous asylum claims who don’t actually fear
persecution if they go home. So they agree to raise that bar.

They agree to expand the capacity of detention facilities because a lot of the
Republicans’ complaints are that you’re letting all these migrants just run off
into the country with no guarantee that you can bring them back to deport them
later. They should be in detention centers. So they agree to do that.

And most critically, they agree to basically limit the number of people that can
come into the country on any given day. And the way they envision doing that is
if the number of migrants that border patrol officers encounter reaches an
average of 5,000 per day, it would trigger an effective shutdown of the border.

michael barbaro

Huh.

[MUSIC PLAYING]

karoun demirjian

That might sound like a lot — 5,000. It’s actually far fewer than what we see
now. Late last year, there was an average of about 8,000 people trying to cross
in every day. So this trigger functions as a failsafe, that if all these other
measures they’re putting out there can’t bring down the number of migrants
coming to the border, at least there’s this that would actually shut things
down.

michael barbaro

So taken together, this seems like a pretty restrictive set of policies at the
border and a lot like a Republican approach. And you’re saying this is what a
bipartisan group of senators comes around to. So on top of starting off where
Republicans wanted Biden to start off in these negotiations, Biden and Democrats
seem to be willing to sign off on a bill that is very much out of line with
traditional Democratic approaches to the border and immigration.

archived recording (joe biden)

Good afternoon, everyone. I’d like to speak to you today about an urgent
responsibility that Congress has to uphold the national security needs of the
United States.

karoun demirjian

They definitely are.

archived recording (joe biden)

We need real solutions. I support real solutions to the border.

karoun demirjian

President Biden comes out and says, we need this deal. Get this done.

archived recording (joe biden)

In terms of changes of policy and to provide resources that we need at the
border, I’m ready to change policy as well.

karoun demirjian

And that he’s willing to make very serious, pretty major concessions. In the
Senate, we see Senate Majority Leader Chuck Schumer put pressure on the Senate.

archived recording (chuck schumer)

If we believe something is important and urgent, we should stay and get the job
done.

karoun demirjian

Schumer even goes so far as to try to hold the Senate in until the holidays in
the hopes they can speed together the end of a deal.

archived recording (chuck schumer)

Members need to be here next week. We have to get this done.

karoun demirjian

And it’s not just the Democrats. Republican leaders are saying to themselves,
this is an opportunity that’s never going to be repeated, where you have
Democrats this willing to make this kind of a deal. We should take it and run
with it and try to make this work.

[MUSIC PLAYING]

And so as you’re nearing the end of 2023, getting into the beginning of 2024, it
actually seems like it’s a possibility that there could be the votes for this
deal if they can just finalize it in the Senate.

But it’s a very different story in the Republican-led House, which has been much
more skeptical of a deal. And it’s a very different story as former President
Trump, who’s still really the leader of the Republican Party, starts to rack up
primary wins in Iowa and New Hampshire and starts weighing in on this deal in
very unsavory terms.

[MUSIC PLAYING]

michael barbaro

We’ll be right back.

So Karoun, tell us exactly how, at this moment of maximum possibility, that this
bipartisan immigration deal starts to unravel.

karoun demirjian

As we get into the new year, the opposition from the House starts to get much
more solidified. You’d had a situation where basically Mike Johnson — he’s a new
speaker, he starts in his office at the end of October, just as all this stuff
about the border negotiations and the Ukraine deal is just picking up in the
Senate — and for a while, he’s sounding like he might be open to it. But by the
time you get to the beginning of the new year —

archived recording (mike johnson)

Yeah, we have a humanitarian catastrophe here, and, of course, huge national
security concerns.

karoun demirjian

— he is actually down on the border —

archived recording (mike johnson)

If you don’t end catch and release as a policy, if you don’t re-institute remain
in Mexico, if you only fix asylum or parole and not these other things, then you
don’t solve the problem. You don’t —

karoun demirjian

— saying that he doesn’t think that this has legs, that it does not go far
enough to secure the border.

archived recording (mike johnson)

We’re just asking the White House to apply common sense, and they seem to be
completely uninterested in doing so.

karoun demirjian

And that’s the point at which it becomes clear that he has fully soured on the
deal.

michael barbaro

And how much do you, covering this, take that motivation at face value? What’s
really going on? I mean, if the Democrats have come this far and Senate
Republicans are pleased and pushing for a deal, what’s really keeping the House
Speaker from seeing this as an opportunity as well?

karoun demirjian

Well, the House Speaker does come from the right wing of the GOP. He is inclined
to say, look, we need a lot of really draconian restrictions on the border to
make sure that it’s actually enforced. But there’s another element at play here,
too.

archived recording (donald trump)

The so-called border security deal Biden is gushing out and pushing out is not
designed to stop illegal immigration. It’s designed —

karoun demirjian

Trump, who, as we said, by mid-January has reclaimed the mantle of the GOP from
winning these primary contests.

archived recording (donald trump)

As the leader of our party, there is zero chance I will support this horrible
open borders betrayal of America.

karoun demirjian

And he is openly using that pulpit to trash this emerging deal and tell
Republicans to vote against it.

archived recording (donald trump)

I’d rather have no bill than a bad bill. A bad bill you can’t have, and that’s
what was happening in the House.

michael barbaro

And why? I mean, what is his reasoning for trashing a deal that starts to
fulfill something so central to his identity as president, which is get tough on
the border?

karoun demirjian

Part of it is that the deal doesn’t go as far as he would like to see it go. It
doesn’t restore all of the policies, like remain in Mexico and border wall
construction, that he had pursued during his presidency.

But part of it is also that he doesn’t want to give Biden a win on this. It’s an
extremely compelling political campaign issue for him with his base. And if the
Senate makes a bipartisan deal and a bunch of Republicans are endorsing that
bipartisan deal, it becomes harder for him to say, Democrats don’t want to
secure the border, reelect me.

michael barbaro

So in a very real sense, Trump is trying to torpedo this, we suspect, because he
wants to make sure that a huge issue so animating and central to his campaign
and his base remains an issue that’s animating to his campaign and to his base.
If he lets this deal happen, he can no longer run against a Joe Biden who hasn’t
done something about the border.

karoun demirjian

Exactly. And he and his supporters are very committed to keeping that tool alive
for the next several months.

michael barbaro

But help me understand the power of what Trump is up to here. Because at this
moment, yes, he’s Donald Trump, a very influential leader within the Republican
Party, but he’s not involved in the negotiations. He’s not president. He might
not win and become president. So just how meaningful is his message to these
House Republicans?

karoun demirjian

It’s extremely meaningful because it’s not like Donald Trump is on an island
thinking this way. By weighing in here, he’s exploiting a divide that was always
there in the GOP. You had the right wing of the party very, very skeptical
because they want to do more. And then you had a part of the party that was
saying, hey, let’s make a deal.

So Trump coming in and catering to the base on this is kind of exactly what
Trump always does. And once he does exploit that gap, it not only reinforces the
anti-deal sentiment that was already there in the House. It starts to turn
senators cold on the idea of a deal too.

And it trickles all the way up to Senate Minority Leader Mitch McConnell, who
tells a room full of Republicans, as the deal is getting very, very close to
being done, look, we’re in a quandary here. We are potentially voting against
the person who’s going to be the GOP nominee. And so we have to decide, are we
going to vote with what Trump wants or against it?

michael barbaro

And judging by the fact that McConnell said this to a room full of Republican
senators, I suspect he is, in doing so, revealing the answer, right, that you
really can’t vote against the party’s nominee?

karoun demirjian

Yeah, he is admitting to the reality that they’re in, which is that you can’t do
this without there being heck to pay on the campaign trail. And that could blow
back on a lot of his members if they decide, no, we’re going to put our heads
down and plow through with this.

And it’s around this point, where McConnell shows he’s wavering, he’s willing to
be swayed and not lead his party through this, that Johnson jumps back in and
says, this is dead on arrival if it comes to the House, which, in a way, creates
even more pressure on Senate Republicans who start saying, look, if this doesn’t
have a future, why should we stick our necks out for this deal?

michael barbaro

So is it correct to say that that is the moment when this almost major
bipartisan deal basically collapses?

karoun demirjian

I think the next few days are going to tell whether Trump has successfully
torpedoed it or whether there’s going to be a schism in the GOP because some
senators decide not to let him completely torpedo it. But yeah, ultimately
speaking, the fate of this bill is slim to none in Congress because Trump has
reinforced the House’s inclinations and that has created back pressure on Senate
Republicans to just say, no, not now, not good enough, not this year.

[MUSIC PLAYING]

michael barbaro

What is the reaction from President Biden to this turn of events and to the
rapid deterioration of this deal?

karoun demirjian

So President Biden does something kind of interesting.

archived recording (joe biden)

Two months ago, my team began to work with a bipartisan group of senators to put
together the toughest, smartest, fairest border security bill in history.

karoun demirjian

He starts talking really tough about the border and saying —

archived recording (joe biden)

If that bill were the law today, I’d shut down the border right now and fix it
quickly.

karoun demirjian

— give me this deal. If you give it to me, I will shut down the border. It is
the talk that you’d expect to hear, frankly, from a big border enforcement guy —

michael barbaro

Right.

karoun demirjian

— which is not how President Biden started off his term. He’s the guy who
campaigned on a humane approach to immigration. And now he’s saying, I’ll shut
it all down. And so in a way, it’s like he’s trying to enter the ring that Trump
is already in and basically out-flex him on how tough he can talk about the
border.

michael barbaro

So at this point, what happens to the two very substantive questions at the
center of this bill and this compromise? What happens to funding for Ukraine and
what happens to this effort to secure the border if this bill now seems to be
going absolutely nowhere?

karoun demirjian

That is the big question, right? Because when this all started, Republicans set
this quid pro quo of no Ukraine aid without the border deal. If they don’t
accept the border deal that the bipartisan team of negotiators came up with,
either they’ve got to renege on that position that got this ball rolling in the
first place to make sure that more Ukraine aid can get out the door, or they’ve
just got to say, yeah, we’re comfortable with that, we’re comfortable with the
fact that the United States is going to pull back on support, that maybe the
rest of the Western world will follow, and that means Russia could overwhelm
Ukraine on the battlefield.

For Democrats, there’s very little incentive to give the Republicans any of
these border enforcement measures without securing that Ukraine aid. That was
the whole reason that they agreed to go into this negotiation in the first
place. And the result of that is basically going to be maintenance of the status
quo, which is a little bit bleak given the fact that the leaders of both parties
have acknowledged the situation on the border is not tenable and something has
to be done about it.

michael barbaro

It feels like, at the end of the day, this is really the story of a Democratic
president being willing to meet his Republican congressional peers much more
than halfway on a very sensitive issue — the border and immigration — and the
response from those congressional Republican peers is to reject the offer, not,
it seems, fundamentally because of the policies at hand, but because of the
politics at hand, because Donald Trump told them he doesn’t like the deal and
they said, well, if you don’t like it, we don’t like it. So what does that
ultimately tell us?

karoun demirjian

I think it tells us that what Republicans want here is either an entirely
Republican solution that looks like a resumption of the policies that President
Trump implemented on the border, which is a big ask when you only control the
House of Representatives and Democrats control the Senate and the White House.

michael barbaro

Mhm.

karoun demirjian

Or they want to be able to preserve the ability to blame the Biden
administration. We’ve talked about how that’s likely to play out, and already is
playing out, on the presidential election circuit. It’s also playing out within
the House of Representatives, which is currently trying to impeach Alejandro
Mayorkas, the Homeland Security Secretary, effectively for failing to shut down
the border in what, frankly, a lot of conservative legal scholars are also
calling not a good impeachment, something that does not actually rise to the
level of that sort of indictment and punitive action.

But that’s what they’re choosing to do. And that is very much a sticking your
finger, pointing it at the Biden administration and saying, this is your fault,
and we want you guys to take the personal hit for this, and we want to
prioritize that over any sort of downpayment on trying to make these policy
fixes that maybe we could build on if we had a Republican president next. And
that seems to be the prevailing winds in the GOP.

michael barbaro

And that wind is no deals, even if the deal is on something that the Republicans
say they care about and want, because they would rather be able to blame the
Democrats.

karoun demirjian

Yeah. Unless they get everything that they want, or practically everything that
they want, maintaining that ability to say it’s your fault is worth more. And
that’s just a reality of the political time that we’re in, but it’s also just a
reality of how messily divided things are in Congress and how impossibly hard it
can be to chart a middle way.

[MUSIC PLAYING]

michael barbaro

Well, Karoun, thank you very much. We appreciate it.

karoun demirjian

Thank you so much. [MUSIC PLAYING]

michael barbaro

We’ll be right back.

Here’s what else you need to know today.

archived recording 5

Online child sexual exploitation is a crisis in America.

michael barbaro

During a high profile hearing on Wednesday, senators from both parties
interrogated the country’s most powerful tech executives about why their
platforms have allowed for the spread of child sexual abuse material, the
subject of a major “Times” investigation in 2019.

archived recording 6

Instagram displayed the following warning screen to individuals who were
searching for child abuse material. “These results may contain images of child
sexual abuse.” And then you gave users two choices — get resources or see
results anyway. Mr. Zuckerberg, what the hell were you thinking?

archived recording (mark zuckerberg)

All right, Senator, the basic science behind that is —

michael barbaro

The leaders of Meta, TikTok, Snap, Discord, and X testified that they have taken
steps to crack down on such material. But when pressed, most of the executives
refused to endorse a federal regulation to address the problem.

archived recording (lindsey graham)

Are you familiar with the EARN IT Act? Do you support that, yes or no?

archived recording 7

We’re not prepared to support it today, but we believe —

archived recording (lindsey graham)

Do you support the CSAM Act?

archived recording 7

The STOP CSAM Act we are not prepared to support today. But we —

archived recording (lindsey graham)

Would you support the SHIELD Act?

archived recording 7

We believe that the cyber tipline and —

archived recording (lindsey graham)

I’ll take that to be no.

michael barbaro

Throughout the hearing, families in the audience held up photos of the victims
of online child sexual abuse, an act that Republican Senator Lindsey Graham
singled out for praise.

archived recording (lindsey graham)

To all the victims who came and showed us photos of your loved ones, don’t quit.
It’s working. You’re making a difference. Through you, we will get to where we
need to go, so other people won’t have to show a photo of their family.

michael barbaro

Today’s episode was produced by Carlos Prieto, Shannon Lin, Stella Tan and Mary
Wilson. It was edited by Marc Georges and MJ Davis Lin, contains original music
by Marion Lozano, Dan Powell, Diane Wong, Will Reid and Pat McCusker, and was
engineered by Alyssa Moxley. Our theme music is by Jim Brunberg and Ben
Landsverk of Wonderly.

[MUSIC PLAYING]

That’s it for “The Daily.” I’m Michael Barbaro. See you tomorrow.

Listen 26:42



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Hosted by Michael Barbaro

Featuring Karoun Demirjian

Produced by Carlos Prieto, Shannon Lin, Stella Tan and Mary Wilson

Edited by Marc Georges and M.J. Davis Lin

Original music by Marion Lozano, Dan Powell, Diane Wong, Will Reid and Pat
McCusker

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For the past few weeks, Democrats and Republicans were closing in on a
game-changing deal to secure the U.S.-Mexico border: a bipartisan compromise
that’s unheard-of in contemporary Washington.

Karoun Demirjian, who covers Congress for The Times, explains why that deal is
now falling apart.

--------------------------------------------------------------------------------


ON TODAY’S EPISODE



Karoun Demirjian, a congressional correspondent for The New York Times.

Image
Late last year, the number of migrants trying to cross the southern border into
the United States was at an average of about 8,000 a day.Credit...John
Moore/Getty Images




BACKGROUND READING

 * Divided Republicans coalesced behind a bit of legislative extortion: No
   Ukraine aid without a border crackdown. Then they split over how large a
   price to demand, imperiling both initiatives.

 * Republicans and Democrats have agreed to try to reduce the number of migrants
   granted parole to stay in the United States, but cementing the compromise
   will take money and persuasion on both sides.

There are a lot of ways to listen to The Daily. Here’s how.

We aim to make transcripts available the next workday after an episode’s
publication. You can find them at the top of the page.




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Ben Calhoun, Susan Lee, Lexie Diao, Mary Wilson, Alex Stern, Dan Farrell, Sophia
Lanman, Shannon Lin, Diane Wong, Devon Taylor, Alyssa Moxley, Summer Thomad,
Olivia Natt, Daniel Ramirez and Brendan Klinkenberg.

Our theme music is by Jim Brunberg and Ben Landsverk of Wonderly. Special thanks
to Sam Dolnick, Paula Szuchman, Lisa Tobin, Larissa Anderson, Julia Simon, Sofia
Milan, Mahima Chablani, Elizabeth Davis-Moorer, Jeffrey Miranda, Renan Borelli,
Maddy Masiello, Isabella Anderson and Nina Lassam.



Karoun Demirjian covers Congress with a focus on defense, foreign policy,
intelligence, immigration, and trade and technology. More about Karoun Demirjian

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