so far, manchin mccaskill, donnelly heitkamp, franken king, an independent tester and carper are votingdemocrats to filibuster so the bill has been stuck in the senate. the house homeland security chairman has offered this appeal for action. >> i would hope they would take it up in the fat to allow for debate. in the final analysis we can not shut down a national security agency when the threat environment is so high out there. i think that would be unwise and dangerous course of action. >> reporter: again we expect a procedural vote in the senate later today. if that doesn't work it will be time for plan b bill. bill: let's talk about that. if those senate democrats don't stop the filibuster what then would happen mike? >> reporter: some are arguing let the courts handle this after a texas judge issued an injunction on president obama's executive action. there are good signs the courts will rebuke the president for going beyond his authority. others are saying they simply do not want to risk a shut down. >> i don't believe we will. we now have an exit sign and that is, the federal cour