Sen. Claire McCaskill, D-Mo., had prepared paperwork before the Thanksgiving recess to put a hold on the nomination if the leadership had scheduled it for a vote.

Her spokeswoman told United Press International she wanted to ensure that she had a chance to talk to colleagues about the nomination, especially because several had indicated in recent news reports that they might be reconsidering their position, after Myers awarded a costume prize at a Halloween party to an employee in makeup-darkened skin and a Rasta wig wearing the uniform of an immigration detainee.

"She wanted the time to talk to colleagues, the opportunity to explain her opposition on the (Senate) floor and for an up or down vote so she could be on record" voting against the confirmation, said the spokeswoman, Adrianne Marsh.

"There was never any intention to put an indefinite hold on it."

Myers, whose confirmation ran into trouble in 2005 after suggestions that she lacked experience, was granted a recess appointment in January 2006, but that will expire early next year if she is not confirmed.

In the interim, she seemed to have won over many doubters and her nomination passed the committee with bipartisan support.

But news reports about the Halloween incident cited some committee members and others as reconsidering.

Myers has said she did not realize the employee was wearing makeup, and Homeland Security Secretary Michael Chertoff asked the department's chief civil rights officer, Daniel Sutherland, to look into the incident.

The costume was "highly unfortunate and highly inappropriate," DHS spokeswoman Laura Keehner told UPI. "There is no place for racism in this department."

She said the inquiry would look into the fact that the man spent all day in his workplace in costume, which critics say is as disturbing as the prize award if not more so.

McCaskill already had concerns about Myers, said Marsh, the Halloween incident "simply layered on that concern that she did not have the type of leadership and judgment needed to lead an organization like U.S. Immigration and Customs Enforcement."

Keehner said Myers "has proved herself a vital leader," saying that the Senate had allowed her nomination to languish for 869 days since she was first named by the president. "She deserves a prompt vote," Keehner said.

Majority Leader Harry Reid, D-Nev., has the power to schedule nominations for a floor vote, but has not done so yet.

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Shaun Waterman, UPI Homeland and National Security Editor