But even with the filibuster, the appointment will likely lead to an ideological battle over the executive branch's role in immigration policy.
And all of this could be happening while the House of Representatives grapples with immigration reform.
Another possibility is that the Obama administration stays with the person who will likely serve as acting DHS secretary after Napolitano leaves the position in September.
Alejandro Mayorkas, the current director if U.S. Citizenship and Immigration Services, is set to be confirmed as the deputy secretary of Homeland Security on July 30. If approved (as we mentioned, that is certainly an "if"), he would become acting secretary once Napolitano departs.
Leaving Mayorkas as acting secretary is probably the smoothest way to fill the position. And his appointment might be easier because of his experience in the role. But don't expect that to stop this from becoming a partisan battle over immigration policy.