President Trump has capitulated, but has also added an asterix. During his Rose Garden announcement, the President said he would sign a bill temporarily funding the government that does not include his requested funds for a border wall. But he reiterated his desire to have that funding be part of any final deal reached between congressional negotiators… or else!
If you take that threat seriously (and lets be honest… there’s at least some good reason to do so) it means a deal with zero wall funding results in yet another government shutdown, or a disastrous “Emergency Declaration,” which, if upheld by a right-wing Supreme Court, would have the effect of putting a serious dent in our system of checks and balances.
The clearest path forward in my opinion is a deal that contains as little “barrier” funding as possible paired with concessions on DACA and temporary status immigrants. The Democratic position, rightly, has been to oppose any and all border wall funding. Trump’s position has been to erect a massive structure along much of the southern border. During his Rose Garden speech, I heard the President concede, maybe for the first time ever, that there are parts of the southern border that do not require a physical barrier. This concession provides an opening for Democrats. The argument from Chuck/Nancy could go something like this: “We Democrats have never said ‘No walls anywhere.’ What we have said is that we need to reform our immigration system so that it is easier for people to come here legally, and so that it is easier for undocumented people who are already here to come out of the shadows. So, as a gesture to the President, we will approve limited funding for barriers in consultation with DHS, landowners along the border and other stakeholders. In exchange, we call on the President support permanent legal status for current and eligible DACA recipients as well as immigrants here under the Temporary Protected Status program. This is exactly the kind of good faith bargain that the President called for in the Rose Garden.”