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the House passed a motion to recede from its version of the DHS funding bill and concur with the clean appropriations measure passed in the Senate last week.

he House voted 257-167,

most Republicans opposing the bill

House Speaker John Boehner, R-Ohio, told members that pushing for short-term continuing resolutions to avoid a shutdown was no longer a viable path.

So it’s not just waiting for the courts, and in fact, if this bill were to pass, I believe it would actually harm the case in the courts.”

Republicans supporting passage of the clean funding bill Tuesday made clear they were doing so while maintaining their objections to Obama’s immigration orders, which include protections from deportations for several groups of immigrants, including people who were brought illegally to the U.S. as children and immigrants who are parents of U.S. citizens.

5 Republicans ultimately swallowed their opposition and moved to support the full funding bill, saying they preferred to let the courts take up the battle on the immigration actions.

federal judge in Texas blocked those immigration actions for procedural reasons, which at the time even some moderate Republicans said was not enough of a reason to give up the fight in Congress.

The Obama administration has said it will ask for a stay of the decision to allow immigrants to apply for deportation relief, and conservatives said they feared a vote passing clean DHS funding would send the wrong message to the courts.

If I were representing the Department of Justice in front of the Fifth Circuit to try to get this injunction overturned, the first sentence in my brief would be ‘The United States Congress has voted, knowing this program was in existence, to fully fund all operations,’” said Rep. Ron DeSantis, R-Fla.,

To allow a shutdown of these critical functions would be an abdication of one of our primary duties as members of Congress: It is the constitutional duty of this body to provide funding for the federal government – all of the federal government,” said Rep. Mike Simpson, R-Idaho,

Republicans who would prefer to hold up DHS funding in order to win their fight on immigration.

Naming line items in the appropriations bill, such as a $700 million increase for border security enforcement, a fully funded E-Verify system for employers to confirm the legal status of prospective employees, and money for biometric entry and exit security systems, Dent said a vote on a clean funding bill would still help meet their goals.“If you’re concerned about illegal immigration,” Dent said, “vote for this bill."

Republican leadership capitulated Tuesday in a key early congressional showdown, joining with Democrats to pass a bill to fully fund the Department of Homeland Security without amendments that would undo President Barack Obama’s executive orders on immigration.