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An effort led by Sen. Mike Lee (R-Utah) to maintain Title 42 is threatening efforts to pass a sweeping government funding bill before a shutdown deadline later this week.
Congressional negotiators on both sides say the biggest holdup is ongoing negotiations to decide what the voting threshold would be to pass the amendment.
Lee’s amendment to the bipartisan deal would cut funding for Homeland Security Secretary Alejandro Mayorkas’s office unless the Biden administration reinstates the border control policy known as Title 42, a Trump-era policy that allows for migrants to be quickly expelled at the border without asylum processing.
The administration may not be able to fully reinstate the policy, as its permanence is currently under review by the Supreme Court, after having been found illegal by a federal judge.