(CNN) Time is ticking and there is still no guarantee that the House of Representatives and Senate can resolve their differences to pass by the end of the week a package sending an additional $4.6 billion in aid to the growing crisis at the US southern border.

As for overhauling the country's asylum laws, as President Donald Trump appeared to request last week: Good luck.

But first a reality check on Trump's ask: Last week, Republican Sen. Lindsey Graham of South Carolina was all set to mark up his own asylum bill that would have required migrants to apply for asylum in their home countries or in Mexico, increased the amount of time migrant children be kept in custody from 20 days to 100 days and eased restrictions for officials to deport unaccompanied minors back to Central America. But, Graham called off the committee vote after Sen. Dick Durbin, the Senate's Democratic whip and Graham's longtime immigration partner, asked Graham to work on something together.

Graham's bill would have passed out of committee but only along party lines. Durbin argued there is a chance to do something bipartisan, but the obstacles are many. Democrats don't want to touch the Flores settlement -- which requires the government to release children from immigration detention without unnecessary delay as well as giving detained minors a certain quality of life -- that has been at the crux of many of the complaints about overcrowding at family shelters.

So far, it doesn't appear they have really reached an agreement or have started negotiating in a substantial way. The men met last week with the President's son-in-law and senior aide Jared Kushner. But, it is very unlikely a proposal would be ready, agreed to and passed this week before the recess.

Read More