The Department of Homeland Security is headed for a shutdown tomorrow night — one that might not be resolved quickly as Democrats continue to press the Trump administration for changes to its immigration enforcement tactics.
With little progress in bipartisan talks on reforms to rein in federal immigration agents, Democrats on Thursday rejected a White House counteroffer meant to keep the department funded beyond a Friday night deadline. Senate Democrats then blocked House-passed legislation that would provide $64 billion to fund DHS through September. The 52-47 vote on the measure fell short of the 60 votes needed for the bill to advance. Sen. John Fetterman of Pennsylvania was the only Democrat to support the bill. Senate Majority Leader John Thune switched his vote to “no” to be able to bring the bill up again in the future.
Democrats then objected to a two-week extension of current funding to keep the department running while longer-term negotiations continue. Congress is now set to be out on recess until February 23, leaving little hope that a shutdown will end quickly.
Democrats say reforms must come first: Democrats insist that they are only seeking reasonable and necessary reforms to rein in abuses by Immigration and Customs Enforcement and Customs and Border Protection. They say guardrails must be put in place before additional funding is approved.
“Democrats have made abundantly clear: We cannot continue funding a rogue department without substantial reforms. Accountability at DHS must be written into law,” said Sen. Patty Murray, vice chair of the Senate Appropriations Committee. “We cannot kick the can down the road as Republicans want us to do. The time to rein in these rogue agencies is right now. We cannot waste another moment—and if Republicans refuse to make the changes the American people are demanding, they are forcing a Republican shutdown of DHS.”
White House negotiators reportedly submitted their latest proposal Wednesday night. Democrats quickly said it falls short of what is needed. “Late last night, we received more details on the White House’s proposal—and what’s clear at this point: It does not come close to addressing Americans’ grave concerns about how ICE and Border Patrol are operating,” Murray said.
Murray told reporters that Democrats intend to counter the White House offer.
Republicans say Democrats must step up: Thune, a South Dakota Republican, defended the White House offer and blamed Democrats for walking away from an earlier bipartisan agreement to fund DHS — the same measure that they voted against today. That bill would have provided money for body cameras and de-escalation training for federal officers, but after Alex Pretti was shot and killed late last month, Democrats insisted those measures were insufficient and additional reforms are needed.
Thune also criticized Democrats for insisting that Congress provide only a two-week extension of DHS funding while new reforms were negotiated. He said Democrats then showed little urgency to meet their new deadline. “It’s clear,” Thune said on the Senate floor, “that the White House is serious. But it’s increasingly looking like Democrats are not.”
Thune said the onus is now on Democrats to get serious. “Democrats are never going to get their full wish list. That’s not the way this works,” he said. “But Democrats can build on the measures that Republicans have already agreed to if they actually engage in serious negotiations with the White House.” Thune added a pointed question for those on the other side of the aisle: “Is this about politics, or is it about solutions?”
What a shutdown would mean: A DHS shutdown may have limited immediate impact, despite the department’s sprawling reach. Immigration and Customs Enforcement and Customs and Border Protection received huge funding boosts as part of last year’s Republican reconciliation bill. Other parts of the department, including the Federal Emergency Management Agency, the Transportation Security Administration, the Coast Guard and the Cybersecurity and Infrastructure Security Agency, would see their funding lapse — but the public might take a while to notice.
“D.H.S. essential missions and functions will continue as they do during every shutdown,” the department said in a statement to news outlets. “However, during a shutdown, many employees will be forced to work without pay, putting strain on the frontline defenders of our nation.”
DHS deemed 258,000 of its 272,000 employees “essential” and required them to work during the government shutdown last fall, Reuters notes. And Politico points out that FEMA has enough funds available to continue operations for at least a month or two, while TSA screeners wouldn’t miss a full paycheck until mid-March. Coast Guard and Secret Service employees could get paid using money from last year’s Republican megabill.
The bottom line: Funding for DHS is set to lapse on Saturday, marking the third time in five months that the federal government or parts of it will have to shut down. Negotiations will continue, and lawmakers have been told to be prepared to quickly return to D.C. if a deal is reached.