President Trump announced in a social media post Thursday evening that he will sign an executive order directing newly installed Homeland Security Secretary Markwayne Mullin to “immediately pay” Transportation Security Administration agents “and to quickly stop the Democrat Chaos at the Airports.”
“Because the Democrats have recklessly created a true National Crisis, I am using my authorities under the Law to protect our Great Country, as I always will do!” Trump wrote.
The announcement came after senators spent much of Thursday scrambling to land a deal to fund TSA and other parts of the Department of Homeland Security. Senate Republicans presented Democrats with what Majority Leader John Thune called their “last and final” offer to end the partial DHS shutdown. With anxiety mounting over the continuing disruptions at the nation’s airports — and with lawmakers feeling increased pressure and also eager to head home for their holiday recess — negotiators expressed some renewed optimism that an agreement could still be reached.
Still, Republican lawmakers also urged Trump to declare a national emergency and take executive action to shift unspent federal funds toward paychecks for TSA agents, an option that would also increase pressure on Democratic negotiators.
Thune told reporters that the latest Republican offer did not include additional immigration enforcement reforms sought by Democrats but did address “some language requests” that Democrats had made. "At some point, they got to take yes for an answer," Thune said.
Democrats reportedly were seeking to ensure that Customs and Border Protection agents would not be tasked with immigration enforcement duties if that agency got funded as part of a deal.
As the two sides tried to bridge their lingering differences, a procedural vote on a DHS funding bill remained open on the Senate floor for hours, even though all senators had voted — a sign that negotiations were continuing. House leaders reportedly also warned their members that weekend votes on a Senate deal may be possible, though House Speaker Mike Johnson would not commit to holding a vote on legislation like that proposed by his Senate Republican counterparts. (The House also voted for a third time to fund DHS through September, though the 218-206 vote was largely a messaging exercise given the impasse in the Senate.)
The talks apparently fizzled, though — at least from the GOP’s point of view. “We’ve held the vote open for 5 hours to give the Democrats an opportunity to come to the table. They have not. And now, time is up,” Republican Sen. John Barrasso said.
Before Trump made his announcement, White House Press Secretary Karoline Leavitt confirmed to reporters that executive action was under consideration. In a statement, she said that “it is true the White House is having discussions about a number of ideas to blunt the impact of the Democrat shutdown crisis, but no preparations or plans are currently underway. The best and easiest way to pay TSA Agents is to fund DHS.”
During a Cabinet meeting earlier in the day, Trump again blamed Democrats for the shutdown and signaled that his move was coming. “They need to end the shutdown immediately, or we’ll have to take some very drastic measures,” he said.
The bottom line: There will be questions about the legality of Trump’s executive action. But with the DHS shutdown now in its 41st day, the White House and senators were faced with the deadline pressure of Congress’s planned holiday recess and the heightened urgency to address worsening airport delays as millions of Americans prepare to travel for spring break.