“What I am worried about is us not dealing with the problem, which is a tsunami of people coming and gaming the system,” Senate Judiciary Chairman Lindsey Graham said in an interview. | Susan Walsh/AP Photo Congress Senate negotiations on asylum reform collapse

The Senate’s bipartisan negotiations on asylum reform are dead, Judiciary Chairman Lindsey Graham said in an interview on Thursday.

The South Carolina Republican said his talks with Senate Minority Whip Dick Durbin are “going nowhere” and that his committee will vote on a GOP-drafted bill as soon as next week.


The breakdown comes amid a surge of migrants from Central America seeking asylum in the United States and demands from President Donald Trump to overhaul the laws.

At issue is the Flores settlement, a 1997 decision that allows the release of children after 20 days in federal custody. Graham wants to extend that time with a new law, while Durbin and other Democrats don’t want to touch it.

Despite the deadlock, Graham said: “Somebody’s got to lead. It’s going to be our committee. We’re not going to be part of the problem.

“What I am worried about is us not dealing with the problem, which is a tsunami of people coming and gaming the system,” Graham said. “We’re releasing families: I don’t want to separate them, but I don’t want to release them either. I want to adjudicate them. Give them due process but deport them if they lose their case.”

In an interview, Durbin said he hopes Graham doesn’t abandon the effort but that its “his decision.”

“There is a real divide here in terms of philosophy,” Durbin said. “I support Flores.”

Graham’s legislation would require Central American immigrants to apply for asylum in their home countries or Mexico and extend current detention requirements. Some Republicans on the committee have sought a more hard-line approach, leading Graham to open talks with Durbin in a private meeting with White House adviser Jared Kushner.

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But though Durbin was open to cutting a deal, the Flores settlement is viewed by Democrats as a key protection for child migrants. So Graham is going back to a partisan approach that perhaps can get through committee but won’t pass on the Senate floor without significant tweaks to lure Democrats onboard.

“Dick Durbin’s a fine man. Apparently they don’t have any ability to change Flores. I’m not asking for indefinite detention, I’m asking for a longer period of time,” Graham said, shrugging off the idea of spending money on aid to Northern Triangle countries to keep people from leaving for the United States. “Without that, I’m not going to spend a dime in Central America.”