With a short-term funding extension for the Department of Homeland Security set to expire in just nine days, Democratic congressional leaders on Wednesday laid out their demands for funding DHS operations through September, again insisting on “dramatic changes” to the Trump administration’s immigration enforcement tactics, including proposals that Republicans have already rejected.
“The clash reflects a fundamental divide between the two parties over whether Mr. Trump’s deportation drive should be carried out according to standard norms of policing in America, as Democrats are demanding, or must be given a special status of secrecy, speed and bare-knuckled tactics, as many Republicans have insisted,” Carl Hulse and Michael Gold write in The New York Times.
Given the deep divide between the two parties — and the uncompromising rhetoric being used thus far — the push for a bipartisan deal seems destined to fail.
“Taxpayer dollars should be used to make life more affordable for everyday Americans, not to brutalize or kill them," House Minority Leader Hakeem Jeffries told reporters at a joint news conference with Senate Minority Leader Chuck Schumer. “ICE is completely and totally out of control, immigration enforcement should be just, it should be fair, and it should be humane. That is not what is taking place right now.”
The demand put forth by the Democratic leaders largely repeated demands that Schumer outlined last week. For example, Jeffries reiterated that Democrats want body cameras to be mandatory for federal immigration officers, a demand that seems to have met bipartisan agreement, as DHS Secretary Kristi Noem announced Monday that federal officers in Minneapolis will be equipped with cameras immediately.
Democrats also want to end roving immigration patrols, require that Immigration and Customs Enforcement agents display identification and prohibit ICE from detaining or deporting American citizens. They also insist that judicial warrants should be required for immigration searches and arrests, with independent oversight of federal law enforcement. “The Fourth Amendment is not an inconvenience. It is a requirement embedded in our Constitution that everyone should follow,” Jeffries said.
The House Democratic leader did seem to tone down one earlier demand: that federal agents be prohibited from wearing masks. Jeffries said Wednesday that the face coverings should not be used “in an arbitrary and capricious fashion.”
Schumer said that Democrats plan to quickly issue legislative text reflecting their demands. “We're going to have tough, strong legislation,” he said. “We hope to have it within the next 24 hours, that we will submit together. And then we want our Republican colleagues to finally get serious about this, because this is turning America inside out in a way we haven't seen in a very long time.”
House Speaker Mike Johnson and other Republicans have dismissed the idea of banning masks for federal law enforcement officers, warning that the officers could easily be subjected to doxxing or other harassment. Republicans have also rejected requiring agents to wear identification and obtain judicial warrants.
Compounding the challenges of reaching a bipartisan agreement, some Republican lawmakers are also pushing their own demands, most notably a call to end “sanctuary cities,” which tend to be Democratic-run municipalities that limit local cooperation with federal immigration enforcement activities. Leaders of those cities argue that their approach is meant to promote public safety by ensuring that immigrants feel they can report crime or use vital services.
What it all means: Another DHS shutdown is extremely likely, especially since Democratic leaders have already indicated that they will oppose another stopgap funding extension. DHS is more than just ICE and Customs and Border Protection — it also includes the Federal Emergency Management Agency, the Transportation Security Administration, Coast Guard, Secret Service, the Cybersecurity and Infrastructure Security Agency and more. So a shutdown of the department could involve some pain for the American public, even as ICE and CBP would be able to continue operations using billions in extra funding provided by Republicans last year as part of their One Big Beautiful Bill Act.
The bottom line: A deal will be nearly impossible, and lawmakers acknowledge as much. “There’s always miracles, right? Maybe things will come together and we’ll be able to vote on something at the end of the two weeks,” Senate Majority Leader John Thune told reporters Tuesday. “I think that would be overly optimistic, based on my experience.”