The Department of Homeland Security shut down all but essential operations as of Saturday morning, affecting agencies from the Transportation Security Administration to the Federal Emergency Management Agency.
After federal immigration agents fatally shot Alex Pretti, a Minneapolis nurse, on Jan. 24, Senate Democrats refused to pass an annual DHS funding bill – which would have allocated $64.4 billion to the agency – without significant changes to hold Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) more accountable to the public. Instead, they passed a two-week stopgap funding bill that would keep DHS operational while lawmakers continued to negotiate.
That funding expired at 12:01 a.m. Saturday. On Thursday, the Senate voted mostly along party lines to defeat a Republican bill that would have funded the agency for the rest of the fiscal year. Many senators then left town, essentially ending the chance of a funding deal before the deadline.
Why We Wrote This
During the Department of Homeland Security shutdown, immigration enforcement will continue, but airport security and emergency management agencies will be affected. Democrats are using the funding talks to press for DHS reforms.
“I think Democrats have … expressed today by vote that we are not willing to provide more funding for ICE or CBP unless and until we have enactable standards of conduct that are comparable to what every state and local law enforcement department follows in our country,” said Democratic Sen. Chris Coons of Delaware, one of several lawmakers the Monitor spoke with Thursday.
Negotiations for DHS reform
Democrats’ demands include banning ICE and CBP law enforcement from wearing masks, and requiring them to obtain judicial warrants signed by a judge – instead of administrative warrants signed by department officials – to enter people’s homes. Democrats have criticized federal agents for forcibly entering homes and claiming that an administrative warrant authorized their actions.
They cite what they see as violent and intimidating tactics from federal immigration enforcement, along with a lack of accountability and a deportation campaign that has mainly targeted people who have not committed violent crimes.
Federal law enforcement has traditionally relied on judicial warrants, based on Fourth Amendment protections. Republicans say this would create administrative backlogs that would hinder federal immigration agents’ ability to do their jobs.
Without renewed DHS funding, ICE and CBP have enough money through the Republicans’ tax-and-spending bill last year to continue immigration enforcement operations. However, other agencies housed in DHS could be affected by an extended shutdown, a point Republicans have emphasized as they seek to put pressure on Democrats to agree to a funding deal.
“We need to look out for the interests of the American people, and that does include funding all of the DHS departments, whether it be Coast Guard, FEMA at a time right after record winter storms, and the TSA to keep us safe when we travel by air,” Republican Rep. Bob Onder of Missouri said.
Employees from these agencies who are considered essential workers, like TSA staff, will continue working but without pay, as they did during the record 43-day government shutdown last fall.
The White House has been negotiating for the GOP side. Senate Minority Leader Chuck Schumer said Monday that Democrats had sent over a list of their demands for DHS reform. The White House responded with a counteroffer that evening. The text was not made public, but Democratic leaders as well as multiple other party members called it insufficient.
“I’m not going to be voting for anything that doesn’t dramatically reform CBP and ICE,” Democratic Rep. Sarah McBride of Delaware said.
Republican leaders have criticized many of Democrats’ demands as unrealistic and performative.
“Democrats are never going to get their full wish list,” Republican Senate Majority Leader John Thune said Thursday during remarks on the Senate floor.
Republican Rep. Mark Harris of North Carolina said Democrats weren’t considering “anything to keep things open.”
Where things go from here
Following bipartisan criticism of the Pretti shooting, Homeland Security Secretary Kristi Noem announced the administration was deploying body cameras to all DHS field officers in Minneapolis. On Thursday, White House border czar Tom Homan announced the administration was winding down the immigration enforcement surge there.
Many Democrats see these steps as insufficient.
“Anybody drawn down from [Minneapolis] is likely to be deployed elsewhere, and they will continue to be a rogue agency unless we write into law these safeguards that we’re demanding,” said Wisconsin Democratic Sen. Tammy Baldwin, responding to a question about ICE.
Both the House and Senate are scheduled to be on recess next week, although the leaders of the respective chambers could choose to call them back if they believe that there has been progress on negotiations. Montana Republican Sen. Steve Daines said that Senator Thune had directed lawmakers to be on notice to come back and vote.
Neither side appears willing to back down.
Asked if Democrats would counter the White House’s latest offer, Democratic Sen. Elizabeth Warren of Massachusetts said, “We’ve already made our offer.”